Montana Statutes
§ 26-2-201 — Court Order To Obtain Deposition Or Attendance Of Prisoner
Montana·Title 26 EVIDENCE·Ch. 2 SUBPOENAS AND WITNESSES·Part 2 Securing Testimony of Witness Who Is a Prisoner
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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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.
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