46-4-303. Relief from improper subpoena. A person aggrieved by a subpoena issued pursuant to this part may, within a reasonable time, file a motion to dismiss the subpoena and, in the case of a subpoena duces tecum, to limit its scope. The motion must be granted if the subpoena was improperly issued or, in the case of a subpoena duces tecum, if it is overly broad in its scope.
History: En. 95-720 by Sec. 1, Ch. 486, L. 1977; R.C.M. 1947, 95-720(3); amd. Sec. 21, Ch. 800, L. 1991.
Structure Montana Code Annotated
Chapter 4. Investigative Procedures
Part 3. Investigative Subpoenas -- Reporting Requirement for Peace Officers
46-4-301. Issuance of subpoena
46-4-302. Penalty for failure to appear or obey
46-4-303. Relief from improper subpoena
46-4-304. Conduct of investigative inquiry
46-4-305. Self-incrimination -- immunity
46-4-306. Applicability of other laws -- costs
46-4-307. Sexual abuse of children -- report to national center for missing and exploited children