Montana Code 26-2-403. Arrest void — punishment and liability
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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.
Terms Used In Montana Code 26-2-403
- Arrest: Taking physical custody of a person by lawful authority.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Subpoena: A command to a witness to appear and give testimony.
- Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204