Montana § 46-6-213 Form And Content Of Summons

Montana Statutes

§ 46-6-213 — Form And Content Of Summons

Montana § 46-6-213

Title 46CRIMINAL PROCEDURE

Ch. 6ARREST

Part 2Arrest With a Warrant

This text of Montana § 46-6-213 (Form And Content Of Summons) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 46-6-213 (2026).

Text

46-6-213 . Form and content of summons.

(1)When authorized to issue an arrest warrant, a court may instead issue a summons.

(2)A summons may be served personally or by first-class mail.

(3)The summons must:

(a)be in writing in the name of the state of Montana or in the name of the municipality if the violation of a municipal ordinance is charged;

(b)state the name of the person summoned and that person's address, if known;

(c)set forth the nature of the offense;

(d)state the date when issued and the municipality or county where issued;

(e)be signed by the judge of the court with the title of office noted; and

(f)command the person to appear before a court at a certain time and place.

(4)The summons must plainly state that, upon failure to appear following the service of summons,

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46-6-213 . Form and content of summons. (1) When authorized to issue an arrest warrant, a court may instead issue a summons.
(2) A summons may be served personally or by first-class mail.
(3) The summons must:
(a) be in writing in the name of the state of Montana or in the name of the municipality if the violation of a municipal ordinance is charged;
(b) state the name of the person summoned and that person's address, if known;
(c) set forth the nature of the offense;
(d) state the date when issued and the municipality or county where issued;
(e) be signed by the judge of the court with the title of office noted; and
(f) command the person to appear before a court at a certain time and place.
(4) The summons must plainly state that, upon failure to appear following the service of summons, an arrest warrant must be issued immediately or, if the service is made to a corporation, that a plea of not guilty will be entered.

Legislative History

En. 95-612 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-612(b); amd. Sec. 25, Ch. 800, L. 1991; Sec. 46-6-302 , MCA 1989; redes. 46-6-213 by Code Commissioner, 1991.