Montana Statutes
§ 46-22-302 — Appearance Of Petitioner
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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Legislative History
En. 95-2710 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2710; amd. Sec. 242, Ch. 800, L. 1991.
Nearby Sections
15
§ 46-22-101
Applicability Of Writ Of Habeas Corpus§ 46-22-102
No Release For Technical Defects§ 46-22-103
Writ For Purpose Of Bail§ 46-22-201
Application For Writ Of Habeas Corpus§ 46-22-202
Granting Writ Of Habeas Corpus§ 46-22-203
Writ Granted Without Delay§ 46-22-204
Writ And Process May Issue At Any Time§ 46-22-205
Form Of Writ§ 46-22-206
Service Of Writ§ 46-22-301
Return Of Service§ 46-22-302
Appearance Of Petitioner§ 46-22-303
Refusal To Obey Writ -- Contempt§ 46-22-304
Hearing On Return§ 46-22-305
Production Of Evidence§ 46-22-306
Disposition Of Petitioner