3-1-522. Illness sufficient excuse -- confinement under arrest. (1) Whenever an officer is required to keep a person arrested on a warrant of attachment in custody and to bring the person before a court or judge, the inability, from illness or otherwise, of the person to attend is sufficient excuse for not bringing the person before the court or judge.
(2) The officer may not confine a person arrested upon a warrant in a prison or otherwise restrain the person of personal liberty, except to the extent necessary to secure the person's personal attendance.
History: En. Sec. 467, p. 227, L. 1867; re-en. Sec. 543, p. 146, Cod. Stat. 1871; re-en. Sec. 577, p. 188, L. 1877; re-en. Sec. 577, 1st Div. Rev. Stat. 1879; re-en. Sec. 595, 1st Div. Comp. Stat. 1887; re-en. Sec. 2182, C. Civ. Proc. 1895; re-en. Sec. 7321, Rev. C. 1907; re-en. Sec. 9920, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1221; re-en. Sec. 9920, R.C.M. 1935; R.C.M. 1947, 93-9813; amd. Sec. 138, Ch. 61, L. 2007.
Structure Montana Code Annotated
Chapter 1. Courts and Judicial Officers Generally
3-1-501. What acts or omissions are contempts -- civil and criminal contempt
3-1-502. Order refused -- subsequent applications prohibited
3-1-504. Reentry on property after eviction
3-1-505. through 3-1-510 reserved
3-1-511. Procedure -- contempt committed in presence of court
3-1-512. Procedure -- contempt not in presence of the court
3-1-513. Warrant -- statement of charge
3-1-514. Endorsement allowing bail on warrant
3-1-515. Arrest and detention by sheriff
3-1-516. Bail bond -- form and conditions of
3-1-517. Return of warrant and undertaking
3-1-520. Penalty to compel performance
3-1-521. Proceedings when party fails to appear
3-1-522. Illness sufficient excuse -- confinement under arrest
3-1-523. Judgment and orders in contempt cases final -- family law exception