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25-10-109. Prisoner attendance at civil proceeding prohibited -- exceptions -- costs

MT Code § 25-10-109 (2019) (N/A)
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25-10-109. Prisoner attendance at civil proceeding prohibited -- exceptions -- costs. (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.

History: En. Sec. 1, Ch. 475, L. 1997.

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