Montana Code 46-6-213. Form and content of summons
46-6-213. Form and content of summons. (1) When authorized to issue an arrest warrant, a court may instead issue a summons.
Terms Used In Montana Code 46-6-213
- Arrest: means taking a person into custody in the manner authorized by law. See Montana Code 46-1-202
- Arrest: Taking physical custody of a person by lawful authority.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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
- Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- 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
- Summons: means a written order issued by the court that commands a person to appear before a court at a stated time and place to answer a charge for the offense set forth in the order. See Montana Code 46-1-202
- Summons: Another word for subpoena used by the criminal justice system.
- Writing: includes printing. See Montana Code 1-1-203
(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.