Montana § 46-22-101 - Applicability Of Writ Of Habeas Corpus
Full text of Montana Montana Code Annotated § 46-22-101 — Applicability Of Writ Of Habeas Corpus, with citation guidance and answers to common questions.
§ 46-22-101. Applicability Of Writ Of Habeas Corpus
Applicability of writ of habeas corpus. (1) Except as provided in subsection (2), every person imprisoned or otherwise restrained of liberty within this state may prosecute a writ of habeas corpus to inquire into the cause of imprisonment or restraint and, if illegal, to be delivered from the imprisonment or restraint. (2) The writ of habeas corpus is not available to attack the validity of the conviction or sentence of a person who has been adjudged guilty of an offense in a court of record and has exhausted the remedy of appeal. The relief under this chapter is not available to attack the legality of an order revoking a suspended or deferred sentence.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 46-22-101
What does Montana Code Annotated § 46-22-101 cover?
Section 46-22-101 ("Applicability Of Writ Of Habeas Corpus") 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 § 46-22-101?
A common citation format is "Montana Code Annotated § 46-22-101" (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 § 46-22-101 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.