Montana § 41-5-1403 Summons

Montana Statutes

§ 41-5-1403 — Summons

Montana·Title 41 MINORS·Ch. 5 YOUTH COURT ACT·Part 14 Formal Proceeding -- Procedure

41-5-1403 . Summons.

(1)After a petition has been filed, summons must be served directly to:

(a)the youth;

(b)the youth's parent or parents having actual custody of the youth or the youth's guardian or custodian, as the case may be; and

(c)other persons as the court may direct.

(2)The summons must:

(a)require the parties to whom it is directed to appear personally before the court at the time fixed by the summons to answer the allegations of the petition;

(b)advise the parties of their right to counsel under the Montana Youth Court Act; and

(c)have attached to it a copy of the petition.

(3)The court may endorse upon the summons an order directing the person or persons having the physical custody or control of the youth to bring the youth to the hearing.

(4)If it appears to the co

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41-5-1403 . Summons. (1) After a petition has been filed, summons must be served directly to:
(a) the youth;
(b) the youth's parent or parents having actual custody of the youth or the youth's guardian or custodian, as the case may be; and
(c) other persons as the court may direct.
(2) The summons must:
(a) require the parties to whom it is directed to appear personally before the court at the time fixed by the summons to answer the allegations of the petition;
(b) advise the parties of their right to counsel under the Montana Youth Court Act; and
(c) have attached to it a copy of the petition.
(3) The court may endorse upon the summons an order directing the person or persons having the physical custody or control of the youth to bring the youth to the hearing.
(4) If it appears to the court that the youth needs to be placed in detention or shelter care, the judge may endorse on the summons an order directing the officer serving the summons to at once take the youth into custody and to take the youth to the place of detention or shelter care designated by the court, subject to the rights of the youth and parent or person having legal custody of the youth as set forth in the provisions of the Montana Youth Court Act relating to detention and shelter care criteria and postdetention proceedings.
(5) If a youth is placed in detention or shelter care under any provision of this chapter pending an adjudication, the court shall, as soon as practicable, conduct a probable cause hearing as provided in 41-5-332 .
(6) The youth court judge may also admit the youth to bail in accordance with Title 46, chapter 9.

Montana § 41-5-1403 (Summons) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

En. 10-1216 by Sec. 16, Ch. 329, L. 1974; amd. Sec. 8, Ch. 571, L. 1977; R.C.M. 1947, 10-1216; amd. Sec. 10, Ch. 475, L. 1987; amd. Sec. 9, Ch. 515, L. 1987; amd. Sec. 9, Ch. 547, L. 1991; amd. Sec. 25, Ch. 286, L. 1997; Sec. 41-5-502 , MCA 1995; redes. 41-5-1403 by Sec. 47, Ch. 286, L. 1997.