Montana § 46-15-115 Subpoena For Witness When Defendant Unable To Pay

Montana Statutes

§ 46-15-115 — Subpoena For Witness When Defendant Unable To Pay

Montana·Title 46 CRIMINAL PROCEDURE·Ch. 15 PRODUCTION OF EVIDENCE·Part 1 Subpoenas and Witnesses

46-15-115 . Subpoena for witness when defendant unable to pay.

(1)The court shall order at any time that a subpoena be issued for service on a named witness upon the ex parte application of a defendant acting pro se and upon a satisfactory showing that the defendant is financially unable to pay the costs incurred for the witness and that the presence of the witness is necessary to an adequate defense.

(2)If a defendant is indigent but is acting pro se and is not represented by a public defender, as defined in 47-1-103 , a court order must be obtained if more than six witnesses are to be subpoenaed.

(3)If the defendant is represented by a public defender, as defined in 47-1-103 , witness costs must be paid by the office of state public defender as provided for in 47-1-119 .

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46-15-115 . Subpoena for witness when defendant unable to pay. (1) The court shall order at any time that a subpoena be issued for service on a named witness upon the ex parte application of a defendant acting pro se and upon a satisfactory showing that the defendant is financially unable to pay the costs incurred for the witness and that the presence of the witness is necessary to an adequate defense.
(2) If a defendant is indigent but is acting pro se and is not represented by a public defender, as defined in 47-1-103 , a court order must be obtained if more than six witnesses are to be subpoenaed.
(3) If the defendant is represented by a public defender, as defined in 47-1-103 , witness costs must be paid by the office of state public defender as provided for in 47-1-119 .

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Legislative History

En. 95-1801 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1801(b); amd. Sec. 185, Ch. 800, L. 1991; Sec. 46-15-103 , MCA 1989; redes. 46-15-115 by Code Commissioner, 1991; amd. Sec. 48, Ch. 449, L. 2005; amd. Sec. 16, Ch. 358, L. 2017.