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46-6-213. Form and content of summons

MT Code § 46-6-213 (2019) (N/A)
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46-6-213. Form and content of summons. (1) When authorized to issue an arrest warrant, a court may instead issue a summons.

(2) A summons may be served personally or by first-class mail.

(3) The summons must:

(a) be in writing in the name of the state of Montana or in the name of the municipality if the violation of a municipal ordinance is charged;

(b) state the name of the person summoned and that person's address, if known;

(c) set forth the nature of the offense;

(d) state the date when issued and the municipality or county where issued;

(e) be signed by the judge of the court with the title of office noted; and

(f) command the person to appear before a court at a certain time and place.

(4) The summons must plainly state that, upon failure to appear following the service of summons, an arrest warrant must be issued immediately or, if the service is made to a corporation, that a plea of not guilty will be entered.

History: En. 95-612 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-612(b); amd. Sec. 25, Ch. 800, L. 1991; Sec. 46-6-302, MCA 1989; redes. 46-6-213 by Code Commissioner, 1991.

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