Montana Code 3-2-212. Powers of justices individually — certiorari and habeas corpus
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3-2-212. Powers of justices individually — certiorari and habeas corpus. (1) Each of the justices of the supreme court may issue writs of habeas corpus to any part of the state upon petition by or on behalf of any person held in actual custody and may make the writs returnable before the issuing justice, the supreme court, or any justice of the supreme court or before any district court of the state or any district court judge. The writs may be heard and determined by the justice, court, or judge before whom they are made returnable.
Terms Used In Montana Code 3-2-212
- 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
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)Each of the justices of the supreme court may also issue and hear and determine writs of certiorari in proceedings for contempt in the district court.