Montana Code 46-15-202. Procedure for taking depositions
46-15-202. Procedure for taking depositions. (1) The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition. The notice must state the name and address of each person to be examined. On motion of the party upon whom the notice is served, the municipal or district court for cause shown may extend or shorten the time or change the place for taking the deposition.
Terms Used In Montana Code 46-15-202
- 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.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Deposition: means a written declaration under oath or affirmation, made upon notice to the adverse party for the purpose of enabling the adverse party to attend and cross-examine. See Montana Code 1-1-202
- 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.
- Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
- 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
- Statement: means :
(a)a writing signed or otherwise adopted or approved by a person;
(b)a video or audio recording of a person's communications or a transcript of the communications; and
(c)a writing containing a summary of a person's oral communications or admissions. See Montana Code 46-1-202
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- 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
- Writing: includes printing. See Montana Code 1-1-203
(2)A deposition must be taken in the manner provided in civil actions. The court, upon request, may direct that a deposition be taken on written interrogatories in the manner provided in civil actions. However, a deposition may not be taken of a party defendant without the defendant’s consent, and the scope and manner of examination and cross-examination must be restricted as would be allowed in the trial itself.
(3)The deposition must be filed with the court making the order and held until the trial. Either party shall make available to the other party or the other party’s counsel for examination and use at the taking of the deposition any relevant, nonprivileged statement of the witness being deposed that is in the possession of either party.
(4)Objections to deposition testimony or evidence or parts of the testimony or evidence may be reserved for subsequent determination by the court.
(5)Unless a defendant in custody has waived, in writing, the right to be present at the taking of a deposition, the officer having custody of the defendant must be notified of the time and place set for the deposition. The officer having custody shall produce the defendant and keep the defendant in the presence of a witness during the deposition.
(6)A defendant not in custody who fails to appear, without good cause, at the taking of a deposition after being notified of the time and place set for the deposition will be considered to have waived the right to be present as provided in 46-16-122. The waiver includes a waiver of any objection to the taking and use of the deposition based upon that right.
(7)Whenever a deposition is taken at the instance of the prosecution or whenever a deposition is taken at the instance of a defendant who is unable to bear the expense of taking a deposition, the court shall direct that the expense of travel and subsistence of the defendant and the defendant’s counsel for attendance at the examination and the cost of the transcript of the deposition be paid by the city for a municipal court proceeding or by the state for a district court proceeding.