Montana Statutes
§ 26-2-103 — Service Of Subpoena On Concealed Witness
26-2-103 . Service of subpoena on concealed witness. If a witness is concealed in a building or vessel so as to prevent the service of a subpoena upon the witness, any court, judge, or any officer issuing a subpoena may, upon proof by affidavit of the concealment and of the materiality of the witness, make an order that the sheriff of the county serve the subpoena, and the sheriff shall serve it accordingly and, for that purpose, may break into the building or vessel where the witness is concealed.
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Legislative History
En. Sec. 383, p. 212, L. 1867; re-en. Sec. 457, p. 127, Cod. Stat. 1871; re-en. Sec. 636, p. 205, L. 1877; re-en. Sec. 636, 1st Div. Rev. Stat. 1879; re-en. Sec. 657, 1st Div. Comp. Stat. 1887; re-en. Sec. 3303, C. Civ. Proc. 1895; re-en. Sec. 7977, Rev. C. 1907; re-en. Sec. 10621, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1988; re-en. Sec. 10621, R.C.M. 1935; R.C.M. 1947, 93-1501-6; amd. Sec. 543, Ch. 56, L. 2009.
Nearby Sections
15
§ 26-2-101
Subpoena Defined§ 26-2-102
Issuance Of Subpoena§ 26-2-103
Service Of Subpoena On Concealed Witness§ 26-2-104
Disobedience -- How Punished§ 26-2-105
Disobedience -- Civil Damages§ 26-2-107
Contents Of Warrant -- Execution§ 26-2-108
Through 26-2-110 Reserved§ 26-2-111
Time During Which Subpoena Is Effective§ 26-2-202
Motion And Affidavit Required§ 26-2-302
Witness Required To Answer Questions§ 26-2-303
Person Present Required To Testify