25-10-109. Prisoner attendance at civil proceeding prohibited -- exceptions -- costs. - Montana Statutes

     25-10-109. Prisoner attendance at civil proceeding prohibited -- exceptions -- costs. (1) A person incarcerated in a correctional facility of the department of corrections may not attend a civil proceeding in which the person is a party unless:
     (a) the person is a respondent in a proceeding to terminate parental rights; or
     (b) the court determines that a party will be substantially and irreparably prejudiced by not attending the civil proceeding.
     (2) A court may not issue a writ of habeas corpus ordering a person in the legal custody of the department of corrections to attend a court proceeding without first:
     (a) notifying the department and allowing the department 15 days to file a written objection; and
     (b) if requested, granting the department an opportunity to appear and present evidence that the person's attendance at the proceeding represents a security risk.
     (3) A person who requests that a person in the legal custody of the department of corrections attend a civil proceeding shall pay all costs associated with security.

     History: En. Sec. 1, Ch. 475, L. 1997.