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Mont. Code Ann. § 46-21-101 When Validity Of Sentence May Be Challenged
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(1) A person adjudged guilty of an offense in a court of record who has no adequate remedy of appeal and who claims that a sentence was imposed in violation of the constitution or the laws of this state or the constitution of the United States, that the court was without jurisdic…
Mont. Code Ann. § 46-21-102 When Petition May Be Filed
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(1) Except as provided in subsection (2), a petition for the relief referred to in 46-21-101 may be filed at any time within 1 year of the date that the conviction becomes final. A conviction becomes final for purposes of this chapter: (a) when the time for appeal to the Montana …
Mont. Code Ann. § 46-21-103 Commencement Of Proceedings
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The proceeding for relief under 46-21-101 must be commenced by filing a verified petition with the clerk of the appropriate court. The clerk shall docket the petition upon its receipt and bring the petition promptly to the attention of the court.
Mont. Code Ann. § 46-21-104 Contents Of Petition
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(1) The petition for postconviction relief must: (a) identify the proceeding in which the petitioner was convicted, give the date of the rendition of the final judgment complained of, and clearly set forth the alleged violation or violations; (b) identify any previous proceedings…