Montana Code 26-2-201. Court order to obtain deposition or attendance of 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:
Terms Used In Montana Code 26-2-201
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Deposition: means a written declaration under oath or affirmation, made upon notice to the adverse party for the purpose of enabling the adverse party to attend and cross-examine. See Montana Code 1-1-202
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(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.