Montana Code 46-21-104. Contents of petition
46-21-104. Contents of petition. (1) The petition for postconviction relief must:
Terms Used In Montana Code 46-21-104
- 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.
- Judgment: means an adjudication by a court that the defendant is guilty or not guilty, and if the adjudication is that the defendant is guilty, it includes the sentence pronounced by the court. See Montana Code 46-1-202
(a)identify the proceeding in which the petitioner was convicted, give the date of the rendition of the final judgment complained of, and clearly set forth the alleged violation or violations;
(b)identify any previous proceedings that the petitioner may have taken to secure relief from the conviction; and
(c)identify all facts supporting the grounds for relief set forth in the petition and have attached affidavits, records, or other evidence establishing the existence of those facts.
(2)The petition must be accompanied by a supporting memorandum, including appropriate arguments and citations and discussion of authorities.