Montana Code 46-22-201. Application for writ of habeas corpus
46-22-201. Application for writ of habeas corpus. (1) Application for a writ of habeas corpus is made by petition signed either by the party for whose relief it is intended or by some person on the petitioner’s behalf. It must specify:
Terms Used In Montana Code 46-22-201
- 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
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writ: means an order in writing issued in the name of the state or of a court or judicial officer. See Montana Code 1-1-202
(a)that the petitioner is unlawfully imprisoned or restrained of liberty;
(b)why the imprisonment or restraint is unlawful; and
(c)where and by whom the petitioner is confined or restrained.
(2)All parties must be named if they are known or otherwise described so that they may be identified.
(3)The petition must be verified by the oath or affirmation of the party making the application.