26-2-501. Witnesses in courts of record and before certain court officers. (1) Except as provided in 26-2-505 and subsection (2) of this section, witness fees are as follows:
(a) for attending in any civil or criminal action or proceeding before any court of record, referee, or officer authorized to take depositions or commissioners to assess damages or otherwise, for each day, $10;
(b) for mileage in traveling to the place of trial or hearing, each way, for each mile, a mileage allowance as provided in 2-18-503.
(2) However, an officer of the United States, the state of Montana, or any county, incorporated city, or town within the limits of the state of Montana may not receive any per diem when testifying in a criminal proceeding, and a witness may not receive fees in more than one criminal case on the same day.
History: En. Sec. 4648, Pol. C. 1895; re-en. Sec. 3182, Rev. C. 1907; re-en. Sec. 4936, R.C.M. 1921; amd. Sec. 2, Ch. 18, L. 1935; re-en. Sec. 4936, R.C.M. 1935; amd. Sec. 2, Ch. 117, L. 1963; amd. Sec. 3, Ch. 332, L. 1971; amd. Sec. 11, Ch. 439, L. 1975; R.C.M. 1947, 25-404; amd. Sec. 23, Ch. 449, L. 2005.
Structure Montana Code Annotated
Chapter 2. Subpoenas and Witnesses
26-2-501. Witnesses in courts of record and before certain court officers
26-2-502. Witnesses in courts not of record -- civil actions
26-2-503. Witnesses in courts not of record -- criminal actions and on coroner's inquests
26-2-504. Interpreters to be paid as witnesses
26-2-506. Fees paid by party subpoenaing -- exceptions
26-2-507. Demand for advance payment of witness fees in civil action
26-2-508. Witnesses for state, county, or public defender -- advance payment not required
26-2-509. Certificate of clerk to witness to obtain payment
26-2-510. Application of sections exempting from advance payment
26-2-511. through 26-2-514 reserved
26-2-515. State employees -- compensation for time spent answering subpoena