Montana § 46-6-310 Notice To Appear

Montana Statutes

§ 46-6-310 — Notice To Appear

Montana § 46-6-310

Title 46CRIMINAL PROCEDURE

Ch. 6ARREST

Part 3Warrantless Arrest and Notice to Appear

This text of Montana § 46-6-310 (Notice To Appear) 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. § 46-6-310 (2026).

Text

46-6-310 . Notice to appear.

(1)Whenever a peace officer is authorized to arrest a person without a warrant, the officer may instead issue the person a notice to appear.

(2)The notice must:

(a)be in writing;

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

(c)set forth the nature of the offense;

(d)be signed by the issuing officer;

(e)direct the person to appear before a court at a certain time and place; and

(f)state that failure to appear may result in the suspension of the person's driver's license.

(3)Upon failure of the person to appear, a summons or arrest warrant may be issued.

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46-6-310 . Notice to appear. (1) Whenever a peace officer is authorized to arrest a person without a warrant, the officer may instead issue the person a notice to appear.
(2) The notice must:
(a) be in writing;
(b) state the person's name and address, if known;
(c) set forth the nature of the offense;
(d) be signed by the issuing officer;
(e) direct the person to appear before a court at a certain time and place; and
(f) state that failure to appear may result in the suspension of the person's driver's license.
(3) Upon failure of the person to appear, a summons or arrest warrant may be issued.

Legislative History

En. 95-614 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-614; amd. Sec. 24, Ch. 800, L. 1991; Sec. 46-6-404 , MCA 1989; redes. 46-6-310 by Code Commissioner, 1991; amd. Sec. 1, Ch. 360, L. 2009.