Table of Contents
TITLE 26. EVIDENCE
CHAPTER 2. SUBPOENAS AND WITNESSES
Part 2. Securing Testimony of Witness Who Is a Prisoner
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26-2-201
26-2-202
26-2-203
Mont. Code Ann. § 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.

Official Annotations
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 (HB 37 - Campbell, Margarett (D) HD 31)
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