Montana § 27-26-203 Form And Content Of Writ

Montana Statutes

§ 27-26-203 — Form And Content Of Writ

Montana·Title 27 CIVIL LIABILITY, REMEDIES, AND LIMITATIONS·Ch. 26 MANDAMUS -- WRIT OF MANDATE·Part 2 Procedure for Obtaining, Serving, and Enforcing Writ

27-26-203 . Form and content of writ. The writ may be either alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed and command the party, immediately after the receipt of the writ or at some other specified time, to do the act required to be performed or to show cause before the court, at a specified time and place, why the party has not done so. The peremptory writ must be in a similar form, except that the words requiring the party to show cause why the party has not done as commanded must be omitted and a return day inserted.

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27-26-203 . Form and content of writ. The writ may be either alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed and command the party, immediately after the receipt of the writ or at some other specified time, to do the act required to be performed or to show cause before the court, at a specified time and place, why the party has not done so. The peremptory writ must be in a similar form, except that the words requiring the party to show cause why the party has not done as commanded must be omitted and a return day inserted.

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Legislative History

En. Sec. 385, p. 123, Bannack Stat.; re-en. Sec. 444, p. 224, L. 1867; re-en. Sec. 520, p. 141, Cod. Stat. 1871; re-en. Sec. 550, p. 181, L. 1877; re-en. Sec. 550, 1st Div. Rev. Stat. 1879; re-en. Sec. 568, 1st Div. Comp. Stat. 1887; amd. Sec. 1963, C. Civ. Proc. 1895; re-en. Sec. 7216, Rev. C. 1907; re-en. Sec. 9850, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1087; re-en. Sec. 9850, R.C.M. 1935; R.C.M. 1947, 93-9104; amd. Sec. 721, Ch. 56, L. 2009.