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69th Legislature 2025 HB 772.1
- 1 - Authorized Print Version – HB 772
1 HOUSE BILL NO. 772
2 INTRODUCED BY G. OVERSTREET
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING WRIT OF MANDAMUS LAWS; REQUIRING CERTAIN
5 CRITERIA TO BE MET FOR A WRIT TO BE ISSUED; REVISING THE CONTENT OF THE WRIT;
6 REQUIRING ALL PARTIES TO APPEAR BEFORE THE COURT TO ADDRESS THE MERITS OF THE WRIT;
7 AND AMENDING SECTIONS 27-26-201 AND 27-26-203, MCA.”
8
9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
10
11 Section 27-26-201, MCA, is amended to read:
12 "27-26-201. The writ must be issued upon on affidavit, on the application of the
13 party beneficially interested, when the criteria established in 27-19-201 have been met."
14
15 Section 27-26-203, MCA, is amended to read:
16 "27-26-203. The writ may be either alternative or peremptory. The
17 alternative writ must state generally the allegation against the party to whom it is directed and command the
18 party, immediately after the receipt of the writ or at some other specified time, to do the act required to be
19 performed or to show cause appear with all parties before the court, at a specified time and place, why the
20 party has not done so to address the merits of the writ. The peremptory writ must be in a similar form, except
21 that the words requiring the party to show cause why the party has not done as commanded appear with all
22 parties to address the merits of the writ must be omitted and a return day inserted."
23 - END -