46-11-313. Subpoena of witnesses. (1) A subpoena requiring the attendance of a witness before the grand jury may be signed and issued by the county attorney, by the lead juror of the grand jury, or by the judge of the district court.

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Terms Used In Montana Code 46-11-313

  • Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Judge: means a person who is vested by law with the power to perform judicial functions. See Montana Code 46-1-202
  • Juror: A person who is on the jury.
  • Subpoena: A command to a witness to appear and give testimony.
  • Witness: means a person whose testimony is desired in a proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding. See Montana Code 46-1-202

(2)The fees and mileage of witnesses subpoenaed pursuant to this section must be the same as those for witnesses in criminal actions.

(3)All provisions relating to subpoenas in criminal actions apply to subpoenas issued pursuant to this section, including the provisions of Title 46, chapter 15, part 1.