House Bill No. introduced by G. Overstreet aims to revise the laws governing writs of mandamus in Montana. The bill establishes new criteria that must be met for a writ to be issued, ensuring that the application is made by a party with a beneficial interest and is supported by an affidavit. Additionally, the bill mandates that all parties involved must appear before the court to address the merits of the writ, enhancing the procedural requirements for such legal actions.

The bill amends Sections 27-26-201 and 27-26-203 of the Montana Code Annotated (MCA). Notably, it changes the language regarding the issuance of the writ from "upon" to "on" affidavit and specifies that the alternative writ must command the party to "appear with all parties" before the court instead of merely requiring them to "show cause." This shift emphasizes the necessity for all parties to engage in the court proceedings, thereby promoting a more comprehensive examination of the issues at hand.

Statutes affected:
LC Text: 27-26-201, 27-26-203
HB0772_1(1): 27-26-201, 27-26-203
HB0772_1(2): 27-26-201, 27-26-203
HB0772_1(3): 27-26-201, 27-26-203
HB0772_1: 27-26-201, 27-26-203