Montana § 26-2-201 Court Order To Obtain Deposition Or Attendance Of Prisoner

Montana Statutes

§ 26-2-201 — Court Order To Obtain Deposition Or Attendance Of Prisoner

Montana § 26-2-201

Title 26EVIDENCE

Ch. 2SUBPOENAS AND WITNESSES

Part 2Securing Testimony of Witness Who Is a Prisoner

This text of Montana § 26-2-201 (Court Order To Obtain Deposition Or Attendance Of Prisoner) 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. § 26-2-201 (2026).

Text

26-2-201 . Court order to obtain deposition or attendance of prisoner. If the witness is a prisoner confined in a jail or prison within this state, an order for the witness's examination in the jail or prison upon deposition or for the witness's temporary removal and production before a court or officer for the purpose of being orally examined may be made as follows:

(1)by the court itself in which the action or special proceeding is pending unless it is a justice's court;

(2)by a justice of the supreme court or a judge of the district court of the county where the action or proceeding is pending if pending before a justice's court or before a judge or other person out of court.

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26-2-201 . Court order to obtain deposition or attendance of prisoner. If the witness is a prisoner confined in a jail or prison within this state, an order for the witness's examination in the jail or prison upon deposition or for the witness's temporary removal and production before a court or officer for the purpose of being orally examined may be made as follows:
(1) by the court itself in which the action or special proceeding is pending unless it is a justice's court;
(2) by a justice of the supreme court or a judge of the district court of the county where the action or proceeding is pending if pending before a justice's court or before a judge or other person out of court.

Legislative History

En. Sec. 332, p. 112, Bannack Stat.; re-en. Sec. 390, p. 213, L. 1867; re-en. Sec. 464, p. 128, Cod. Stat. 1871; re-en. Sec. 644, p. 207, L. 1877; re-en. Sec. 644, 1st Div. Rev. Stat. 1879; re-en. Sec. 665, 1st Div. Comp. Stat. 1887; amd. Sec. 3310, C. Civ. Proc. 1895; re-en. Sec. 7984, Rev. C. 1907; re-en. Sec. 10628, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1995; re-en. Sec. 10628, R.C.M. 1935; R.C.M. 1947, 93-1501-13; amd. Sec. 548, Ch. 56, L. 2009.