Montana Code 33-1-315. Witnesses — production of records — subpoena — failure to respond
33-1-315. Witnesses — production of records — subpoena — failure to respond. (1) With respect to the subject of any examination or investigation being conducted by the commissioner, or the commissioner’s designee if general written authority has been given the designee by the commissioner, the commissioner or the designee may subpoena witnesses and administer oaths or affirmations and examine any individual under oath and may require and compel the production of records, books, papers, contracts, and other documents by attachments, if necessary. Subpoenas of witnesses must be served in the same manner as if issued from a district court.
Terms Used In Montana Code 33-1-315
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
- Oath: A promise to tell the truth.
- Oath: includes an affirmation or declaration. See Montana Code 1-1-201
- 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
- Subpoena: A command to a witness to appear and give testimony.
- Summons: Another word for subpoena used by the criminal justice system.
- Testify: Answer questions in court.
- Testify: means every mode of oral statement under oath or affirmation. See Montana Code 1-1-202
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
- Writing: includes printing. See Montana Code 1-1-203
(2)If in connection with an examination of an insurer the commissioner or the commissioner’s designee desires to examine an officer, director, or manager who is outside this state, the commissioner or the commissioner’s designee may conduct and enforce by all appropriate and available means any examination under oath in any other state or territory of the United States in which the officer, director, or manager is located, to the full extent permitted by the laws of that state or territory.
(3)If a witness fails to obey a subpoena to appear before the commissioner or the commissioner’s designee or refuses to testify or answer any material question or to produce records, books, papers, contracts, or documents when required to do so, the commissioner or the commissioner’s designee shall institute proceedings in the district court to compel obedience to the subpoena or other order or to punish the witness for neglect or refusal to obey the summons or other order.
(4)Witness fees and mileage, if claimed, must be allowed on the same basis as for testimony in a district court. Witness fees, mileage, and the actual expenses necessarily incurred in securing attendance of witnesses and their testimony must be itemized and paid by the person being examined if the person is found to have been in violation of the law as to the matter with respect to which the witnesses were subpoenaed.
(5)A person who knowingly fails to attend, answer, and produce records, documents, or other evidence requested by the commissioner or the commissioner’s designee, who knowingly fails to give full and truthful information or to answer in writing to any material inquiry of the commissioner or the commissioner’s designee relative to the subject of an examination, investigation, or hearing, or who knowingly fails to appear and testify under oath before the commissioner or the commissioner’s designee is subject to the provisions of 33-1-317 and 33-1-318.