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

Mont. Code Ann. § 46-15-113 (2026)

Subpoena Of Witness In Another State To Testify In This State

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 15
  4. Part 1
  5. 46-15-113 Subpoena of witness in another state to testify in this state

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 15. PRODUCTION OF EVIDENCE

Part 1. Subpoenas and Witnesses

Subpoena Of Witness In Another State To Testify In This State

46-15-113. Subpoena of witness in another state to testify in this state. (1) Whenever a person in any state that by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions or grand jury investigations in this state is a material witness in a prosecution pending in a court of record in this state or in a grand jury investigation that is commenced or is about to commence, a judge of the court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. The certificate must be presented to a judge of a court of record in the county in which the witness is found.

(2) If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of this state to assure the witness's attendance in this state, it is prima facie proof of the desirability of the custody and delivery, and the judge may direct that the witness be brought before the judge immediately. If the judge is satisfied as to the desirability of custody and delivery, the judge may order that the witness be immediately taken into custody and delivered to an officer of this state. The order is sufficient authority for the officer to take the witness into custody and hold the witness unless and until the witness is released by bail, recognizance, or order of the judge issuing the certificate.

(3) A witness who has appeared in accordance with the provisions of the subpoena may not be required to remain within this state for a longer period of time than the period mentioned in the certificate unless otherwise ordered by the court.

(4) If the witness fails without good cause to attend and testify as directed, the witness must be punished in the manner provided for the punishment of any witness who disobeys an order issued from a court of record in this state in accordance with Title 3, chapter 1, part 5, or in accordance with 45-7-309.

History: En. Sec. 3, Ch. 188, L. 1937; amd. Sec. 1, Ch. 117, L. 1949; Sec. 94-9003, R.C.M. 1947; redes. 95-1810 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 27, Ch. 184, L. 1977; R.C.M. 1947, 95-1810; amd. Sec. 184, Ch. 800, L. 1991.

Notes of Decisions
Cited in 7 cases, 1985–2006 · leading case: State v. Sanderson, 692 P.2d 479 (Mont. 1985).
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State v. Sanderson, 692 P.2d 479 (Mont. 1985). · cites it 24× “First, appellant failed to comply with the procedure for subpoenaing out-of-state witnesses as set forth in section 46-15-113, MCA. Second, the out-of-state witness would have duplicated testimony already at hand and as such would not have qualified as a material witness under…”
State v. Hardaway, 1998 MT 224 (Mont. 1998). · cites it 8× “Tamcke pursuant to § 46-15-113, MCA (compelling attendance of out-of-state witness), and that the request for reimbursement should be denied for that reason.”
State v. Van Pelt, 805 P.2d 549 (Mont. 1991). · cites it 8× “Pursuant to § 46-15-113, MCA, Van Pelt requested the District Court to subpoena Joyce Van Pelt and Doris Bodine, both of whom were living in Kentucky.”
State v. Van Pelt, 805 P.2d 549 (Mont. 1991). · cites it 8× “Pursuant to § 46-15-113, MCA, Van Pelt requested the District Court to subpoena Joyce Van Pelt and Doris Bodine, both of whom were living in Kentucky.”
State v. Paoni, 2006 MT 26 (Mont. 2006). · cites it 4× “Nothing in the record indicates that the State or proper authorities presented the subpoena to a Sangamon County court of record, as required by § 46-15-113, MCA. The sheriff in Illinois attempted to serve David by leaving a copy of the subpoena at his abode.”
State v. Dahms, 825 P.2d 1214 (Mont. 1992). · cites it 3× “The District Court specifically noted that cost was not a factor in denying the motion.”
State v. Hardaway, 1998 MT 224 (Mont. 1998). · cites it 4× “Tamcke pursuant to § 46-15-113, MCA (compelling attendance of out-of-state witness), and that the request for reimbursement should be denied for that reason.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.