Montana Code 46-22-301. Return of service
46-22-301. Return of service. (1) The person upon whom the writ is served shall make a return and state in that return:
Terms Used In Montana Code 46-22-301
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(a)(i) whether the petitioner is in that person’s custody or under that person’s power or restraint; and
(ii)if the petitioner is in custody or otherwise restrained, the authority for and cause of the custody or restraint; or
(b)if the petitioner has been transferred to the custody of or otherwise restrained by another, to whom the party was transferred, the time and place of the transfer, the reason for the transfer, and the authority under which the transfer took place.
(2)The return must be signed and verified by oath unless the person making the return is a sworn public officer making a return in an official capacity.