26-2-405. Discharge of witness from arrest by court or judge. The court or officer issuing the subpoena and the court or officer before whom the attendance is required may discharge the witness from an arrest made in violation of 26-2-402. If the court has adjourned before the arrest or before application for discharge, a judge of the court may grant the discharge.
History: En. Sec. 3406, C. Civ. Proc. 1895; re-en. Sec. 8035, Rev. C. 1907; re-en. Sec. 10679, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2070; re-en. Sec. 10679, R.C.M. 1935; R.C.M. 1947, 93-2101-7.
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