Montana § 46-15-101 Subpoenas

Montana Statutes

§ 46-15-101 — Subpoenas

Montana § 46-15-101

Title 46CRIMINAL PROCEDURE

Ch. 15PRODUCTION OF EVIDENCE

Part 1Subpoenas and Witnesses

This text of Montana § 46-15-101 (Subpoenas) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 46-15-101 (2026).

Text

46-15-101 . Subpoenas.

(1)After the filing of charges and upon the request of the prosecuting attorney, the defendant, or the defendant's attorney, the clerk of the court shall issue subpoenas with the name of the person to whom each subpoena is directed, commanding the person to appear and to give testimony. The court shall maintain a list of the names of the persons to whom subpoenas are issued.

(2)A subpoena must state the name of the court and the title, if any, of the proceeding and must command each person to whom it is directed to attend and give testimony at the time and place specified in the subpoena. The time and place may be modified by mutual written agreement of the parties or by an amended subpoena issued by the clerk of the court.

(3)The court, upon a timely motion, may

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46-15-101 . Subpoenas. (1) After the filing of charges and upon the request of the prosecuting attorney, the defendant, or the defendant's attorney, the clerk of the court shall issue subpoenas with the name of the person to whom each subpoena is directed, commanding the person to appear and to give testimony. The court shall maintain a list of the names of the persons to whom subpoenas are issued.
(2) A subpoena must state the name of the court and the title, if any, of the proceeding and must command each person to whom it is directed to attend and give testimony at the time and place specified in the subpoena. The time and place may be modified by mutual written agreement of the parties or by an amended subpoena issued by the clerk of the court.
(3) The court, upon a timely motion, may quash or modify a subpoena if compliance would be unreasonable or oppressive.
(4) A subpoena remains in effect unless quashed or until judgment, dismissal, or other final determination of the action by the court in which the action was filed or to which the action was transferred.

Legislative History

En. 95-1801 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1801(a); amd. Sec. 180, Ch. 800, L. 1991; amd. Sec. 29, Ch. 262, L. 1993; amd. Sec. 2, Ch. 138, L. 1995.