Montana § 46-5-310 Filing Of Return

Montana Statutes

§ 46-5-310 — Filing Of Return

Montana § 46-5-310

Title 46CRIMINAL PROCEDURE

Ch. 5SEARCH AND SEIZURE

Part 3Procedure in Regard to Property Seized

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Bluebook

Mont. Code Ann. § 46-5-310 (2026).

Text

46-5-310 . Filing of return.

(1)The application on which the warrant is issued must be retained by the judge but is not required to be filed with the clerk of the court or with the court, if there is no clerk, until the warrant has been served or has been returned "not served".

(2)The judge before whom the warrant is returned shall attach to the warrant a copy of the return, the inventory, and all other papers in connection with the warrant and shall file them with the issuing court.

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46-5-310 . Filing of return. (1) The application on which the warrant is issued must be retained by the judge but is not required to be filed with the clerk of the court or with the court, if there is no clerk, until the warrant has been served or has been returned "not served".
(2) The judge before whom the warrant is returned shall attach to the warrant a copy of the return, the inventory, and all other papers in connection with the warrant and shall file them with the issuing court.

Legislative History

En. 95-706 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-706; amd. Sec. 60, Ch. 800, L. 1991; Sec. 46-5-204 , MCA 1989; redes. 46-5-310 by Code Commissioner, 1991.