26-2-507. Demand for advance payment of witness fees in civil action. A witness is not obliged to attend court or appear before a referee, officer authorized to take depositions, or commissioner, when subpoenaed, unless the witness's mileage and fees for 1 day's attendance are tendered or paid to the witness on demand or unless the fees for attendance for each succeeding day are tendered or paid to the witness on demand. The fees of witnesses paid may be taxed as costs against the losing party.
History: En. Sec. 4655, Pol. C. 1895; re-en. Sec. 3189, Rev. C. 1907; re-en. Sec. 4944, R.C.M. 1921; amd. Sec. 1, Ch. 71, L. 1927; re-en. Sec. 4944, R.C.M. 1935; R.C.M. 1947, 25-412; amd. Sec. 555, Ch. 56, L. 2009.
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