Montana § 5-5-107 Subpoenas -- Witnesses -- Records

Montana Statutes

§ 5-5-107 — Subpoenas -- Witnesses -- Records

Montana·Title 5 LEGISLATIVE BRANCH·Ch. 5 LEGISLATIVE PROCEDURES·Part 1 Legislature Investigative Powers

5-5-107 . Subpoenas -- witnesses -- records.

(1)A subpoena requiring the attendance of any witness before either house of the legislature, a committee of either house, a committee established under legislative rules, or a statutory committee or an interim committee may be issued by the president of the senate, the speaker of the house, or the presiding officer of any committee before whom the attendance of the witness is desired.

(2)A subpoena compelling attendance of a witness is sufficient if:

(a)it states whether the proceeding is before the house of representatives, the senate, or a committee;

(b)it states the legislative purpose for issuing the subpoena;

(c)it is addressed to the witness;

(d)it requires the attendance of the witness at a time and place certain; and

(e)it is sig

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5-5-107 . Subpoenas -- witnesses -- records. (1) A subpoena requiring the attendance of any witness before either house of the legislature, a committee of either house, a committee established under legislative rules, or a statutory committee or an interim committee may be issued by the president of the senate, the speaker of the house, or the presiding officer of any committee before whom the attendance of the witness is desired.
(2) A subpoena compelling attendance of a witness is sufficient if:
(a) it states whether the proceeding is before the house of representatives, the senate, or a committee;
(b) it states the legislative purpose for issuing the subpoena;
(c) it is addressed to the witness;
(d) it requires the attendance of the witness at a time and place certain; and
(e) it is signed by the president of the senate, the speaker of the house, or the presiding officer of a committee.
(3) (a) In the discharge of its duties, either house of the legislature, a committee of either house, a committee established under legislative rules, or a statutory committee or an interim committee may issue a subpoena to compel the production of a record that is fixed in any medium and is retrievable from a person that is in possession, custody, or control of the record.
(b) A subpoena compelling the production of a record is sufficient if:
(i) it states whether the proceeding is before the house of representatives, the senate, or a committee;
(ii) it states the legislative purpose for issuing the subpoena;
(iii) it provides a description of the records being compelled for production;
(iv) it is addressed to a person;
(v) except as provided in subsection (3)(c), it requires the production of a record at a date and place certain, but not later than 10 business days from receipt of the subpoena; and
(vi) it is signed by the president of the senate, the speaker of the house, or the presiding officer of a committee.
(c) (i) A person that is served a subpoena to produce records that may include confidential information shall notify the presiding officer that signed the subpoena and submit a written notice of denial and a written explanation for the denial pursuant to 2-6-1009 .
(ii) A person served a subpoena under subsection (3)(c)(i), may request additional time to produce the records pursuant to subsection (3)(b)(v).
(4) For the purposes of this section:
(a) "confidential information" has the meaning provided in 2-6-1002 ; and
(b) "person" has the meaning provided in 2-5-103 .

Montana § 5-5-107 (Subpoenas -- Witnesses -- Records) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

En. Sec. 260, Pol. C. 1895; re-en. Sec. 95, Rev. C. 1907; re-en. Sec. 79, R.C.M. 1921; Cal. Pol. C. Sec. 300; re-en. Sec. 79, R.C.M. 1935; R.C.M. 1947, 43-401; amd. Sec. 230, Ch. 61, L. 2007; amd. Sec. 2, Ch. 687, L. 2023; Sec. 5-5-101, MCA 2021; redes. 5-5-107 by Code Commissioner, 2023.