26-2-404. Affidavit of arrested witness -- exoneration of arresting officer. (1) An officer is not liable for making the arrest in ignorance of the facts creating the exoneration but is liable for any subsequent detention of the witness if the witness claims the exemption and makes an affidavit stating that the witness:
(a) has been served with a subpoena to attend as a witness before a court, officer, or other person, specifying the court, officer, or person, the place of attendance, and the action or proceeding in which the subpoena was issued;
(b) has not thus been served by the witness's own procurement with the intention of avoiding arrest; and
(c) is at the time going to the place of attendance, returning from the place of attendance, or remaining there in obedience to the subpoena.
(2) The affidavit may be taken by the officer and exonerates the officer from liability for discharging the witness when arrested.
History: En. Sec. 394, p. 214, L. 1867; re-en. Sec. 468, p. 129, Cod. Stat. 1871; rep. Sec. 674, p. 215, L. 1877; re-en. Sec. 3405, C. Civ. Proc. 1895; re-en. Sec. 8034, Rev. C. 1907; re-en. Sec. 10678, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2069; re-en. Sec. 10678, R.C.M. 1935; R.C.M. 1947, 93-2101-6; amd. Sec. 19, Ch. 72, L. 1983; amd. Sec. 554, 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