25-10-109. Prisoner attendance at civil proceeding prohibited -- exceptions -- costs.
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/mt/title-25/chapter-10/part-1/25-10-109·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
25-10-109 . Prisoner attendance at civil proceeding prohibited -- exceptions -- costs.
(1)A person incarcerated in a correctional facility of the department of corrections may not attend a civil proceeding in which the person is a party unless:
(a)the person is a respondent in a proceeding to terminate parental rights; or
(b)the court determines that a party will be substantially and irreparably prejudiced by not attending the civil proceeding.
(2)A court may not issue a writ of habeas corpus ordering a person in the legal custody of the department of corrections to attend a court proceeding without first:
(a)notifying the department and allowing the department 15 days to file a written objection; and
(b)if requested, granting the department an opportunity to appear and present evidence that the person's attendance at the proceeding represents a security risk.
(3)A person who requests that a person in the legal custody of the department of corrections attend a civil proceeding shall pay all costs associated with security.