Montana Code 46-15-116. Fees, costs, and expenses
46-15-116. Fees, costs, and expenses. (1) When a person attends before a judge, grand jury, or court as a witness in a criminal case upon a subpoena, the witness must receive the witness fee prescribed by Title 26, chapter 2, part 5, except as otherwise provided in this section.
Terms Used In Montana Code 46-15-116
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- 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
- Statute: A law passed by a legislature.
- Subpoena: A command to a witness to appear and give testimony.
- Testify: Answer questions in court.
- Testify: means every mode of oral statement under oath or affirmation. See Montana Code 1-1-202
- 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 court may determine the reasonable and necessary expenses of subpoenaed witnesses for an indigent defendant not represented by a public defender, as defined in 47-1-103, and order the clerk of court to pay the expenses.
(3)When a person is subpoenaed in this state to testify in another state or is subpoenaed from another state to testify in this state, the person must be paid for lodging, mileage or travel, and per diem, the sum equal to that allowed by Title 2, chapter 18, part 5, for each day that the person is required to travel and attend as a witness. If the state where the witness is found has by statute required that the subpoenaed witness be paid an amount in excess of the amount specified in this section, the witness may be paid the amount required by that state.
(4)The witness fees, costs, and expenses must be paid as provided in 26-2-506.