Skip to main content
Find a Lawyer

Montana Title 25. Civil Procedure § 25-10-109. Prisoner attendance at civil proceeding prohibited--exceptions--costs

Current as of January 01, 2024 | Updated by Findlaw Staff

(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:

(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.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Montana Title 25. Civil Procedure § 25-10-109. Prisoner attendance at civil proceeding prohibited--exceptions--costs - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-25-civil-procedure/mt-st-25-10-109/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard