Montana § 46-22-301 Return Of Service

Montana Statutes

§ 46-22-301 — Return Of Service

Montana § 46-22-301

Title 46CRIMINAL PROCEDURE

Ch. 22HABEAS CORPUS

Part 3Return of Writ, Hearing, Appeal

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Bluebook

Mont. Code Ann. § 46-22-301 (2026).

Text

46-22-301 . Return of service.

(1)The person upon whom the writ is served shall make a return and state in that return:

(a)(i) whether the petitioner is in that person's custody or under that person's power or restraint; and

(ii)if the petitioner is in custody or otherwise restrained, the authority for and cause of the custody or restraint; or

(b)if the petitioner has been transferred to the custody of or otherwise restrained by another, to whom the party was transferred, the time and place of the transfer, the reason for the transfer, and the authority under which the transfer took place.

(2)The return must be signed and verified by oath unless the person making the return is a sworn public officer making a return in an official capacity.

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46-22-301 . Return of service. (1) The person upon whom the writ is served shall make a return and state in that return:
(a) (i) whether the petitioner is in that person's custody or under that person's power or restraint; and
(ii) if the petitioner is in custody or otherwise restrained, the authority for and cause of the custody or restraint; or
(b) if the petitioner has been transferred to the custody of or otherwise restrained by another, to whom the party was transferred, the time and place of the transfer, the reason for the transfer, and the authority under which the transfer took place.
(2) The return must be signed and verified by oath unless the person making the return is a sworn public officer making a return in an official capacity.