Montana § 46-22-302 Appearance Of Petitioner

Montana Statutes

§ 46-22-302 — Appearance Of Petitioner

Montana § 46-22-302

Title 46CRIMINAL PROCEDURE

Ch. 22HABEAS CORPUS

Part 3Return of Writ, Hearing, Appeal

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Bluebook

Mont. Code Ann. § 46-22-302 (2026).

Text

46-22-302 . Appearance of petitioner.

(1)The person commanded by the writ shall bring the petitioner before the court as required by the writ unless the petitioner cannot be brought before the court without danger to the petitioner's health. Sickness or infirmity must be confirmed in an affidavit by the person having custody of the petitioner.

(2)If the court is satisfied with the truth of the affidavit, the court may proceed and dispose of the case as if the petitioner were present or the hearing may be postponed until the petitioner is present.

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46-22-302 . Appearance of petitioner. (1) The person commanded by the writ shall bring the petitioner before the court as required by the writ unless the petitioner cannot be brought before the court without danger to the petitioner's health. Sickness or infirmity must be confirmed in an affidavit by the person having custody of the petitioner.
(2) If the court is satisfied with the truth of the affidavit, the court may proceed and dispose of the case as if the petitioner were present or the hearing may be postponed until the petitioner is present.