§ 27-27-103 — Form And Content Of Writ

Montana § 27-27-103

• Jurisdiction: Montana
• Title 27: CIVIL LIABILITY, REMEDIES, AND LIMITATIONS
• Ch. 27: WRIT OF PROHIBITION
• Part 1: General Provisions

Text

27-27-103 . Form and content of writ. The writ must 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 to desist or refrain from further proceedings in the action or matter specified in the writ until the further order of the court or judge from which it is issued and to show cause before the court or judge, at a specified time and place, why the party should not be absolutely restrained from any further proceedings in the action or matter. The peremptory writ must be in a similar form, except that the words requiring the party to show cause why the party should not be absolutely restrained, etc., must be omitted and a return day inserted.

Legislative History

En. Sec. 563, p. 184, L. 1877; re-en. Sec. 563, 1st Div. Rev. Stat. 1879; re-en. Sec. 581, 1st Div. Comp. Stat. 1887; re-en. Sec. 1982, C. Civ. Proc. 1895; re-en. Sec. 7229, Rev. C. 1907; re-en. Sec. 9863, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1104; re-en. Sec. 9863, R.C.M. 1935; R.C.M. 1947, 93-9203; amd. Sec. 724, Ch. 56, L. 2009.