Montana § 46-15-107 Service Of Subpoenas

Montana Statutes

§ 46-15-107 — Service Of Subpoenas

Montana § 46-15-107

Title 46CRIMINAL PROCEDURE

Ch. 15PRODUCTION OF EVIDENCE

Part 1Subpoenas and Witnesses

This text of Montana § 46-15-107 (Service Of 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. § 46-15-107 (2026).

Text

46-15-107 . Service of subpoenas.

(1)A subpoena may be served by a peace officer or by any other person who is not a party and who is not less than 18 years of age. A peace officer shall serve any subpoena delivered to the peace officer for service in the peace officer's county either on the part of the prosecution or of the defendant.

(2)Service of a subpoena must be made by delivering a copy of the subpoena to the person named and, if ordered by the court, by tendering to those residing outside the county of trial the fee for 1 day's attendance and the mileage allowed by law. The person making the service shall without delay make a written return of the service subscribed by the person, stating the time and place of service.

(3)A subpoena requiring attendance of a witness at a hearing

Free access — add to your briefcase to read the full text and ask questions with AI

46-15-107 . Service of subpoenas. (1) A subpoena may be served by a peace officer or by any other person who is not a party and who is not less than 18 years of age. A peace officer shall serve any subpoena delivered to the peace officer for service in the peace officer's county either on the part of the prosecution or of the defendant.
(2) Service of a subpoena must be made by delivering a copy of the subpoena to the person named and, if ordered by the court, by tendering to those residing outside the county of trial the fee for 1 day's attendance and the mileage allowed by law. The person making the service shall without delay make a written return of the service subscribed by the person, stating the time and place of service.
(3) A subpoena requiring attendance of a witness at a hearing or trial may be served anywhere within the state of Montana.

Legislative History

En. 95-1801 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1801(e), (f); amd. Sec. 182, Ch. 800, L. 1991; Sec. 46-15-102 , MCA 1989; redes. 46-15-107 by Code Commissioner, 1991.