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

Mont. Code Ann. § 46-15-116 (2026)

Fees, Costs, And Expenses

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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 15
  4. Part 1
  5. 46-15-116 Fees, costs, and expenses

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 15. PRODUCTION OF EVIDENCE

Part 1. Subpoenas and Witnesses

Fees, Costs, And Expenses

46-15-116. Fees, costs, and expenses. (1) When a person attends before a judge, grand jury, or court as a witness in a criminal case upon a subpoena, the witness must receive the witness fee prescribed by Title 26, chapter 2, part 5, except as otherwise provided in this section.

(2) The court may determine the reasonable and necessary expenses of subpoenaed witnesses for an indigent defendant not represented by a public defender, as defined in 47-1-103, and order the clerk of court to pay the expenses.

(3) When a person is subpoenaed in this state to testify in another state or is subpoenaed from another state to testify in this state, the person must be paid for lodging, mileage or travel, and per diem, the sum equal to that allowed by Title 2, chapter 18, part 5, for each day that the person is required to travel and attend as a witness. If the state where the witness is found has by statute required that the subpoenaed witness be paid an amount in excess of the amount specified in this section, the witness may be paid the amount required by that state.

(4) The witness fees, costs, and expenses must be paid as provided in 26-2-506.

History: En. 95-1801 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1801(c); amd. Sec. 15, Ch. 680, L. 1985; amd. Sec. 9, Ch. 1, Sp. L. 1985; amd. Sec. 8, Ch. 704, L. 1991; amd. Sec. 186, Ch. 800, L. 1991; Sec. 46-15-104, MCA 1989; redes. 46-15-116 by Code Commissioner, 1991; amd. Sec. 30, Ch. 262, L. 1993; amd. Sec. 4, Ch. 330, L. 1993; amd. Sec. 45, Ch. 585, L. 2001; amd. Sec. 49, Ch. 449, L. 2005; amd. Sec. 2, Ch. 205, L. 2019.

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 1998–2021 · leading case: State v. Hardaway, 1998 MT 224, 966 P.2d 125.
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State v. Hardaway, 1998 MT 224, 966 P.2d 125. · cites it 18× “Defense counsel requested reimbursement for costs incurred in obtaining the out-of-town witnesses' testimony pursuant to § 46-15-116, MCA. The District Court denied the request for costs finding that defense counsel was retained, not court appointed and thus not eligible to…”
State v. R. Lamb, 2021 MT 302, 498 P.3d 1252. · cites it 5× “We remand for further factfinding before the District Court to determine whether the ordered restitution includes witness fees and expenses the county is responsible to pay Nixon under §§ 46-15-116 and 26-2-501, MCA, and, if necessary, to adjust the ordered restitution amount…”
Timothy Alkire v. Mun. Court, 2008 MT 223, 344 Mont. 260. · cites it 6× “” ¶9 The second statutory scheme arises as a combination of § 47-1-201(5)(a); Title 26, chapter 2, part 5; and § 46-15-116, MCA (hereafter referred to as scheme no.”
Alkire v. Mun. Court City Of, 2008 MT 223. · cites it 6× “” ¶9 The second statutory scheme arises as a combination of § 47-1-201(5)(a); Title 26, chapter 2, part 5; and § 46-15-116, MCA (hereafter referred to as scheme no.”
State v. Hardaway, 1998 MT 224. · cites it 8× “Defense counsel requested reimbursement for costs incurred in obtaining the out-of-town witnesses' testimony pursuant to § 46-15-116, MCA. The District Court denied the request for costs finding that defense counsel was retained, not court appointed and thus not eligible to…”
State v. McEvoy, 2014 MT 126, 324 P.3d 1217. · cites it 3× “Section 46-15-116, MCA. The District Court also failed to state the reasons for the sentence “in open court on the record” as well as in the written judgment.”
Mont. Code Ann. § 46-15-116(1): 2 cases
Timothy Alkire v. Mun. Court, 2008 MT 223, 344 Mont. 260. “” ¶9 The second statutory scheme arises as a combination of § 47-1-201(5)(a); Title 26, chapter 2, part 5; and § 46-15-116, MCA (hereafter referred to as scheme no.”
Alkire v. Mun. Court City Of, 2008 MT 223. “” ¶9 The second statutory scheme arises as a combination of § 47-1-201(5)(a); Title 26, chapter 2, part 5; and § 46-15-116, MCA (hereafter referred to as scheme no.”
Mont. Code Ann. § 46-15-116(3): 1 case
State v. R. Lamb, 2021 MT 302, 498 P.3d 1252. “We remand for further factfinding before the District Court to determine whether the ordered restitution includes witness fees and expenses the county is responsible to pay Nixon under §§ 46-15-116 and 26-2-501, MCA, and, if necessary, to adjust the ordered restitution amount…”
Mont. Code Ann. § 46-15-116(4): 1 case
State v. R. Lamb, 2021 MT 302, 498 P.3d 1252. “We remand for further factfinding before the District Court to determine whether the ordered restitution includes witness fees and expenses the county is responsible to pay Nixon under §§ 46-15-116 and 26-2-501, MCA, and, if necessary, to adjust the ordered restitution amount…”
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