Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 15. PRODUCTION OF EVIDENCE · Part 1. Subpoenas and Witnesses
Montana Code Annotated

Mont. Code Ann. § 46-15-106 (2026)

Subpoenas For Production Of Evidence

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 15
  4. Part 1
  5. 46-15-106 Subpoenas for production of evidence

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 15. PRODUCTION OF EVIDENCE

Part 1. Subpoenas and Witnesses

Subpoenas For Production Of Evidence

46-15-106. Subpoenas for production of evidence. (1) A subpoena may command the person to whom it is directed to produce the books, papers, documents, or other objects designated in the subpoena.

(2) The court may direct that the books, papers, documents, or other objects designated in the subpoena be produced before the court at a time prior to the trial or prior to the time when they are to be offered into evidence and may upon their production permit the books, papers, documents, or objects, or portions thereof, to be inspected by the parties and their attorneys.

(3) The court, upon a timely motion, may quash or modify a subpoena if compliance would be unreasonable or oppressive.

History: En. Sec. 181, Ch. 800, L. 1991.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2011–2022 · leading case: State v. Peters, 2011 MT 274 (Mont. 2011).
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State v. Peters, 2011 MT 274 (Mont. 2011). · cites it 7× “¶38 Section 46-15-106, MCA, provides: (1) A subpoena may command the person to whom it is directed to produce the books, papers, documents, or other objects designated in the subpoena.”
State v. H. Mathis, 2022 MT 156 (Mont. 2022). · cites it 2× “However, the Order also provided that it was Mathis’s responsibility to separately motion for a subpoena duces tecum under § 46-15-106, MCA, to obtain “all other psychological, counseling[,] and school records” that were not in the State’s possession.”
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