Mont. Code Ann. » TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS · CHAPTER 25. CERTIORARI -- WRIT OF REVIEW · Part 2. Procedure for Obtaining and Serving Writ
Montana Code Annotated

Mont. Code Ann. § 27-25-201 (2026)

Application For Writ -- Notice

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 27
  3. CHAPTER 25
  4. Part 2
  5. 27-25-201 Application for writ -- notice

TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 25. CERTIORARI -- WRIT OF REVIEW

Part 2. Procedure for Obtaining and Serving Writ

Application For Writ -- Notice

27-25-201. Application for writ -- notice. The application must be made on affidavit by the party beneficially interested; and the court may require a notice of the application to be given to the adverse party, grant an order to show cause why it should not be allowed, or grant the writ without notice.

History: En. Sec. 373, p. 121, Bannack Stat.; re-en. Sec. 432, p. 222, L. 1867; re-en. Sec. 508, p. 139, Cod. Stat. 1871; re-en. Sec. 538, p. 180, L. 1877; re-en. Sec. 538, 1st Div. Rev. Stat. 1879; re-en. Sec. 556, 1st Div. Comp. Stat. 1887; re-en. Sec. 1942, C. Civ. Proc. 1895; re-en. Sec. 7204, Rev. C. 1907; re-en. Sec. 9838, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1069; re-en. Sec. 9838, R.C.M. 1935; R.C.M. 1947, 93-9003.

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 1991–2024 · leading case: City of Helena v. Buck, 806 P.2d 27 (Mont. 1991).
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City of Helena v. Buck, 806 P.2d 27 (Mont. 1991). · cites it 2× “The procedural requirements for filing an application for a writ of certiorari are set forth at § 27-25-201, MCA. That section provides that an application for the writ must be made on affidavit by the party beneficially interested.”
T. Bulltail v. Trooper French (Mont. 2022). · cites it 3× “Sections 27-25-102 and -202, MCA. Bulltail is challenging a Trooper's actions during pursuit, leading to Bulltail suffering injuries after he drove off the road.”
Thompson v. Gallatin Just. Ct. (Mont. 2024). · cites it 2× “2 the lateness of his filing, Thompson has not included an affidavit, as required by § 27-25-201, MCA, to accompany an application for this writ.”
Thompson v. Gallatin Just. Ct. (Mont. 2024). · cites it 2× “2 the lateness of his filing, Thompson has not included an affidavit, as required by § 27-25-201, MCA, to accompany an application for this writ.”
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