Montana Statutes
§ 26-2-403 — Arrest Void -- Punishment And Liability
26-2-403 . Arrest void -- punishment and liability. The arrest of a witness contrary to 26-2-402 is void and, when willfully made, is a contempt of the court. The person making the arrest is responsible to the witness arrested for double the amount of the damages that may be assessed against the person and is also liable to an action at the suit of the party serving the witness with a subpoena for the damages sustained by the party serving the witness in consequence of the arrest.
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Legislative History
En. Sec. 3404, C. Civ. Proc. 1895; re-en. Sec. 8033, Rev. C. 1907; re-en. Sec. 10677, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2068; re-en. Sec. 10677, R.C.M. 1935; R.C.M. 1947, 93-2101-5; amd. Sec. 553, 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