26-2-403. Arrest void -- punishment and liability. The arrest of a witness contrary to 26-2-402 is void and, when willfully made, is a contempt of the court. The person making the arrest is responsible to the witness arrested for double the amount of the damages that may be assessed against the person and is also liable to an action at the suit of the party serving the witness with a subpoena for the damages sustained by the party serving the witness in consequence of the arrest.
History: En. Sec. 3404, C. Civ. Proc. 1895; re-en. Sec. 8033, Rev. C. 1907; re-en. Sec. 10677, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2068; re-en. Sec. 10677, R.C.M. 1935; R.C.M. 1947, 93-2101-5; amd. Sec. 553, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 2. Subpoenas and Witnesses
Part 4. Protection of Witnesses
26-2-401. Right of witness to protection from harassment
26-2-402. Witness protected from arrest when attending, going, and returning
26-2-403. Arrest void -- punishment and liability
26-2-404. Affidavit of arrested witness -- exoneration of arresting officer
26-2-405. Discharge of witness from arrest by court or judge