Montana § 46-5-312 - Return Of Property Seized -- Right To Possess
Full text of Montana Montana Code Annotated § 46-5-312 — Return Of Property Seized -- Right To Possess, with citation guidance and answers to common questions.
§ 46-5-312. Return Of Property Seized -- Right To Possess
Return of property seized -- right to possess. (1) A person claiming the right to possession of property seized as evidence may apply to the judge for its return. The judge shall give written notice as the judge considers adequate to the prosecutor and all persons who have or may have an interest in the property and shall hold a hearing to determine the right to possession. (2) If the right to possession is established, the judge shall order the property, other than contraband, returned if: (a) the property is not needed as evidence; (b) the property is needed and satisfactory arrangements can be made for its return for subsequent use as evidence; or (c) all proceedings in which the property might be required have been completed.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 46-5-312
What does Montana Code Annotated § 46-5-312 cover?
Section 46-5-312 ("Return Of Property Seized -- Right To Possess") 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 § 46-5-312?
A common citation format is "Montana Code Annotated § 46-5-312" (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 § 46-5-312 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.