Montana Code 25-10-109. Prisoner attendance at civil proceeding prohibited — exceptions — costs
25-10-109. Prisoner attendance at civil proceeding prohibited — exceptions — costs. (1) A person incarcerated in a correctional facility of the department of corrections may not attend a civil proceeding in which the person is a party unless:
Terms Used In Montana Code 25-10-109
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
(a)the person is a respondent in a proceeding to terminate parental rights; or
(b)the court determines that a party will be substantially and irreparably prejudiced by not attending the civil proceeding.
(2)A court may not issue a writ of habeas corpus ordering a person in the legal custody of the department of corrections to attend a court proceeding without first:
(a)notifying the department and allowing the department 15 days to file a written objection; and
(b)if requested, granting the department an opportunity to appear and present evidence that the person’s attendance at the proceeding represents a security risk.
(3)A person who requests that a person in the legal custody of the department of corrections attend a civil proceeding shall pay all costs associated with security.