House Bill No. introduced by G. Overstreet aims to revise the laws governing writs of mandamus in Montana. The bill establishes specific criteria that must be met for a writ to be issued, ensuring that the application is made by a party with a beneficial interest. Additionally, it amends the language regarding the issuance of the writ, changing the requirement from being issued "upon" affidavit to "on" affidavit, and specifies that the criteria established in another section must be satisfied.

Furthermore, the bill revises the content of the writ itself, mandating that all parties must appear before the court to address the merits of the writ rather than simply showing cause. This change applies to both alternative and peremptory writs, which must now include instructions for all parties to appear at a specified time and place to discuss the merits, rather than just requiring one party to show cause for non-compliance. These amendments aim to enhance the clarity and effectiveness of the writ of mandamus process in Montana's legal system.

Statutes affected:
LC Text: 27-26-201, 27-26-203
HB0772_1(1): 27-26-201, 27-26-203
HB0772_1: 27-26-201, 27-26-203