Montana legislation · 2025 Regular Session
Montana HB772: Revise writ of mandamus laws
Status: Failed, May 20, 2025
What the bill says
A bill for an act requiring certain criteria to be met for a writ to be issued; revising the content of the writ; requiring all parties to appear before the court to address the merits of the writ; and amending sections 27-26-201 and 27-26-203, mca.".
From the engrossed text:
A BILL FOR AN ACT REQUIRING CERTAIN CRITERIA TO BE MET FOR A WRIT TO BE ISSUED; REVISING THE CONTENT OF THE WRIT; REQUIRING ALL PARTIES TO APPEAR BEFORE THE COURT TO ADDRESS THE MERITS OF THE WRIT; AND AMENDING SECTIONS 27-26-201 AND 27-26-203, MCA." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: Section 1. Section 27-26-201, MCA, is amended to read: "27-26-201. Application for writ. The writ must be issued upon on affidavit, on the application of the party beneficially interested, when the criteria established in 27-19-201 have been met." Section 2. Section 27-26-203, MCA, is amended to read: "27-26-203. Form and content of writ. The writ may be either alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed and command the party, immediately after the receipt of the writ or at some other specified time, to do the act required to be performed or to show cause appear with all parties before the court, at a specified time and place, why the party has not done so to address the merits of the writ. The peremptory writ must be in a similar form, except that the words requiring the party to show cause why the party has not done as commanded appear with all parties …
Sponsors
- Overstreet, Greg (R, 88) · primary sponsor
Latest actions
- : (H) Died in Process
- : (H) Missed Deadline for General Bill Transmittal
- : (H) 2nd Reading
- : (H) Scheduled for 2nd Reading
- : (H) Committee Report
- : (H) Committee Executive Action
- : (H) Hearing
- : (H) 1st Reading
- : (H) Referred to Committee
- : (H) Introduced
Votes
- Do Pass (March 6, 2025): 44 yea, 55 nay, failed
Subjects: Judges and Justices, Courts, Civil Procedure
Common questions
- What is HB772?
- HB772 is a bill in the Montana Legislature (2025 Regular Session): Revise writ of mandamus laws.
- What does HB772 do?
- In its own words: A bill for an act requiring certain criteria to be met for a writ to be issued; revising the content of the writ; requiring all parties to appear before the court to address the merits of the writ; and amending sections 27-26-201 and 27-26-203, mca.".
- What is the status of HB772?
- Failed as of May 20, 2025. Latest action: (H) Died in Process (May 20, 2025).
- Who sponsored HB772?
- Overstreet, Greg (R, 88).
- Where is the official record for HB772?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC2374
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.