Montana Code 26-2-506. Fees paid by party subpoenaing — exceptions
26-2-506. Fees paid by party subpoenaing — exceptions. (1) Except as provided in subsection (2), fees and compensation of a witness in all criminal and civil actions must be paid by the party who caused the witness to be subpoenaed.
Terms Used In Montana Code 26-2-506
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- 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
(2)(a) When a witness is subpoenaed by a public defender, as defined in 47-1-103, the fees and expenses must be paid by the office of state public defender as provided in 47-1-119.
(b)In a criminal proceeding, when a witness is subpoenaed on behalf of the attorney general or a county attorney, the witness fees and expenses must be paid by the county except as provided in subsection (2)(c).
(c)The attorney general shall reimburse a county for fees and compensation of an expert witness up to the amount appropriated for expert witness expenses, except for cases in which the death penalty is being sought by the prosecution. The attorney general shall adopt rules to provide for reimbursement procedures, including setting priorities for expenses and balancing between the needs of rural and urban counties.
(d)In any proceeding in which a defendant or respondent is entitled to a public defender, as defined in 47-1-103, but is acting pro se, the witness fees and expenses must be paid by the office of court administrator, as provided in 3-5-901.