Montana Code 41-5-1403. Summons
41-5-1403. Summons. (1) After a petition has been filed, summons must be served directly to:
Terms Used In Montana Code 41-5-1403
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Summons: Another word for subpoena used by the criminal justice system.
(a)the youth;
(b)the youth’s parent or parents having actual custody of the youth or the youth’s guardian or custodian, as the case may be; and
(c)other persons as the court may direct.
(2)The summons must:
(a)require the parties to whom it is directed to appear personally before the court at the time fixed by the summons to answer the allegations of the petition;
(b)advise the parties of their right to counsel under the Montana Youth Court Act; and
(c)have attached to it a copy of the petition.
(3)The court may endorse upon the summons an order directing the person or persons having the physical custody or control of the youth to bring the youth to the hearing.
(4)If it appears to the court that the youth needs to be placed in detention or shelter care, the judge may endorse on the summons an order directing the officer serving the summons to at once take the youth into custody and to take the youth to the place of detention or shelter care designated by the court, subject to the rights of the youth and parent or person having legal custody of the youth as set forth in the provisions of the Montana Youth Court Act relating to detention and shelter care criteria and postdetention proceedings.
(5)If a youth is placed in detention or shelter care under any provision of this chapter pending an adjudication, the court shall, as soon as practicable, conduct a probable cause hearing as provided in 41-5-332.
(6)The youth court judge may also admit the youth to bail in accordance with Title 46, chapter 9.