Montana § 27-16-1006 - Defense Against Order Of Arrest
Full text of Montana Montana Code Annotated § 27-16-1006 — Defense Against Order Of Arrest, with citation guidance and answers to common questions.
§ 27-16-1006. Defense Against Order Of Arrest
Defense against order of arrest. The defendant may file an answer, under oath, putting in issue the facts stated in the affidavit for the order of arrest, which may be tried by the court unless a jury is demanded; and the plaintiff must be held to establish the facts. If the plaintiff fails to establish the facts, the order of arrest must be dismissed and the defendant may proceed upon the undertaking of the plaintiff for damages occasioned by the arrest. The defendant may apply to the court to be discharged from arrest upon the ground of the insufficiency of the papers on which the order of arrest was granted.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 27-16-1006
What does Montana Code Annotated § 27-16-1006 cover?
Section 27-16-1006 ("Defense Against Order Of Arrest") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 27-16-1006?
A common citation format is "Montana Code Annotated § 27-16-1006" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 27-16-1006 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.