Montana Code Annotated · § 46-22-306 — Disposition of petitioner

(1) If the court finds in favor of the petitioner, an appropriate order must be entered with respect to the judgment or sentence in the former proceeding and any supplementary orders as to reassignment, retrial, custody, bail, or discharge as may be necessary and proper.

(2) If the court finds for the prosecution, the petitioner must be returned to the custody of the person to whom the writ was directed.