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

Codes > Montana Code > Title 25 > Chapter 10 : Part 1 > 25-10-109 Prisoner

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.