46-22-203. Writ granted without delay. Any justice or judge authorized to grant a writ of habeas corpus shall grant the writ without delay if it appears that a writ ought to issue.

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Terms Used In Montana Code 46-22-203

  • 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.
  • Judge: means a person who is vested by law with the power to perform judicial functions. See Montana Code 46-1-202
  • 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