Montana § 46-21-104 Contents Of Petition

Montana Statutes

§ 46-21-104 — Contents Of Petition

Montana § 46-21-104

Title 46CRIMINAL PROCEDURE

Ch. 21POSTCONVICTION HEARING

Part 1Initiating Proceedings

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Bluebook

Mont. Code Ann. § 46-21-104 (2026).

Text

46-21-104 . Contents of petition.

(1)The petition for postconviction relief must:

(a)identify the proceeding in which the petitioner was convicted, give the date of the rendition of the final judgment complained of, and clearly set forth the alleged violation or violations;

(b)identify any previous proceedings that the petitioner may have taken to secure relief from the conviction; and

(c)identify all facts supporting the grounds for relief set forth in the petition and have attached affidavits, records, or other evidence establishing the existence of those facts.

(2)The petition must be accompanied by a supporting memorandum, including appropriate arguments and citations and discussion of authorities.

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46-21-104 . Contents of petition. (1) The petition for postconviction relief must:
(a) identify the proceeding in which the petitioner was convicted, give the date of the rendition of the final judgment complained of, and clearly set forth the alleged violation or violations;
(b) identify any previous proceedings that the petitioner may have taken to secure relief from the conviction; and
(c) identify all facts supporting the grounds for relief set forth in the petition and have attached affidavits, records, or other evidence establishing the existence of those facts.
(2) The petition must be accompanied by a supporting memorandum, including appropriate arguments and citations and discussion of authorities.

Legislative History

En. 95-2603 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2603; amd. Sec. 3, Ch. 195, L. 1981; amd. Sec. 228, Ch. 800, L. 1991; amd. Sec. 2, Ch. 302, L. 1997.