Montana § 46-21-104 - Contents Of Petition

Full text of Montana Montana Code Annotated § 46-21-104 — Contents Of Petition, with citation guidance and answers to common questions.

§ 46-21-104. Contents Of Petition

Contents of petition. (1) The petition for postconviction relief must: (a) identify the proceeding in which the petitioner was convicted, give the date of the rendition of the final judgment complained of, and clearly set forth the alleged violation or violations; (b) identify any previous proceedings that the petitioner may have taken to secure relief from the conviction; and (c) identify all facts supporting the grounds for relief set forth in the petition and have attached affidavits, records, or other evidence establishing the existence of those facts. (2) The petition must be accompanied by a supporting memorandum, including appropriate arguments and citations and discussion of authorities.

Source: official Montana text · Last verified 2026-08-27

Frequently Asked Questions About Montana § 46-21-104

What does Montana Code Annotated § 46-21-104 cover?

Section 46-21-104 ("Contents Of Petition") 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 § 46-21-104?

A common citation format is "Montana Code Annotated § 46-21-104" (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 § 46-21-104 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.