Montana § 26-2-404 Affidavit Of Arrested Witness -- Exoneration Of Arresting Officer

Montana Statutes

§ 26-2-404 — Affidavit Of Arrested Witness -- Exoneration Of Arresting Officer

Montana § 26-2-404

Title 26EVIDENCE

Ch. 2SUBPOENAS AND WITNESSES

Part 4Protection of Witnesses

This text of Montana § 26-2-404 (Affidavit Of Arrested Witness -- Exoneration Of Arresting Officer) 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. § 26-2-404 (2026).

Text

26-2-404 . Affidavit of arrested witness -- exoneration of arresting officer.

(1)An officer is not liable for making the arrest in ignorance of the facts creating the exoneration but is liable for any subsequent detention of the witness if the witness claims the exemption and makes an affidavit stating that the witness:

(a)has been served with a subpoena to attend as a witness before a court, officer, or other person, specifying the court, officer, or person, the place of attendance, and the action or proceeding in which the subpoena was issued;

(b)has not thus been served by the witness's own procurement with the intention of avoiding arrest; and

(c)is at the time going to the place of attendance, returning from the place of attendance, or remaining there in obedience to the subpoena.

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26-2-404 . Affidavit of arrested witness -- exoneration of arresting officer. (1) An officer is not liable for making the arrest in ignorance of the facts creating the exoneration but is liable for any subsequent detention of the witness if the witness claims the exemption and makes an affidavit stating that the witness:
(a) has been served with a subpoena to attend as a witness before a court, officer, or other person, specifying the court, officer, or person, the place of attendance, and the action or proceeding in which the subpoena was issued;
(b) has not thus been served by the witness's own procurement with the intention of avoiding arrest; and
(c) is at the time going to the place of attendance, returning from the place of attendance, or remaining there in obedience to the subpoena.
(2) The affidavit may be taken by the officer and exonerates the officer from liability for discharging the witness when arrested.

Legislative History

En. Sec. 394, p. 214, L. 1867; re-en. Sec. 468, p. 129, Cod. Stat. 1871; rep. Sec. 674, p. 215, L. 1877; re-en. Sec. 3405, C. Civ. Proc. 1895; re-en. Sec. 8034, Rev. C. 1907; re-en. Sec. 10678, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2069; re-en. Sec. 10678, R.C.M. 1935; R.C.M. 1947, 93-2101-6; amd. Sec. 19, Ch. 72, L. 1983; amd. Sec. 554, Ch. 56, L. 2009.