Montana Code 46-4-302. Penalty for failure to appear or obey
46-4-302. Penalty for failure to appear or obey. (1) A person who, without just cause, fails to obey a subpoena served under this part is punishable for contempt of court.
Terms Used In Montana Code 46-4-302
- Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
- 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.
- 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
- Prosecutor: means an elected or appointed attorney who is vested by law with the power to initiate and carry out criminal proceedings on behalf of the state or a political subdivision. See Montana Code 46-1-202
- 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
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2)(a) A person who, after being granted immunity under 46-4-305, refuses to give testimony or produce evidence under this part must be brought without unnecessary delay before the judge issuing the subpoena or, in that judge’s absence or inability to act, before the nearest or most accessible judge, who shall inform the person:
(i)of the contents and requirements of the subpoena;
(ii)that the person has been granted immunity and may not be excused from testifying or producing evidence on the grounds that the testimony may incriminate the person; and
(iii)that a refusal to testify or produce evidence as commanded in the subpoena is punishable as a contempt of court under Title 3, chapter 1, part 5.
(b)In the presence of the judge, the person must be examined by the prosecutor or produce evidence as commanded in the subpoena.
(c)A refusal to testify or produce evidence may be punished as a contempt under Title 3, chapter 1, part 5.