46-5-310. Filing of return. (1) The application on which the warrant is issued must be retained by the judge but is not required to be filed with the clerk of the court or with the court, if there is no clerk, until the warrant has been served or has been returned “not served”.

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Terms Used In Montana Code 46-5-310

  • Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
  • Judge: means a person who is vested by law with the power to perform judicial functions. See Montana Code 46-1-202

(2)The judge before whom the warrant is returned shall attach to the warrant a copy of the return, the inventory, and all other papers in connection with the warrant and shall file them with the issuing court.