Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 15. PRODUCTION OF EVIDENCE · Part 2. Depositions
Montana Code Annotated

Mont. Code Ann. § 46-15-201 (2026)

When Depositions May Be Taken

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 15
  4. Part 2
  5. 46-15-201 When depositions may be taken

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 15. PRODUCTION OF EVIDENCE

Part 2. Depositions

When Depositions May Be Taken

46-15-201. When depositions may be taken. (1) In district or municipal court cases, a deposition may be taken if it appears that a prospective witness:

(a) is likely to be either unable to attend or otherwise prevented from attending a trial or hearing;

(b) is likely to be absent from the state at the time of the trial or hearing; or

(c) is unwilling to provide relevant information to a requesting party and the witness's testimony is material and necessary in order to prevent a failure of justice. The court shall, upon motion of any party and proper notice, order that the testimony of the witness be taken by deposition and that any designated books, papers, documents, or tangible objects, not privileged, be introduced at the time the deposition is taken.

(2) The witness whose deposition is to be taken may be required by subpoena to attend at any place designated by the court, taking into account the convenience of the parties and of the witness.

(3) If the defendant is charged with a felony and it appears upon the affidavit of counsel for a party that good cause exists to believe that a witness will not respond to a subpoena and the administration of justice requires, any district judge may issue an arrest warrant commanding the arrest of a material witness. The arrest warrant must further order a deposition to be taken without unnecessary delay. A person may not be imprisoned for the purpose of securing testimony in any criminal proceeding longer than is necessary to take the person's deposition.

History: En. 95-1802 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1802(a); amd. Sec. 146, Ch. 800, L. 1991; amd. Sec. 31, Ch. 262, L. 1993.

Notes of Decisions
Cited in 16 cases (3 in the last 5 years), 1980–2024 · leading case: State v. Knippel, 419 P.3d 1229 (Mont. 2018).
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State v. Knippel, 419 P.3d 1229 (Mont. 2018). · cites it 17× “'s facial injuries and VNCO), arguing that the State failed, under § 46-13-401(2), MCA, to bring him to trial on those charges within six months of his initial plea in the City Court.”
State v. L. Strommen, 2024 MT 87 (Mont. 2024). · cites it 6× “9 See § 46-15-201, MCA (authorizing pretrial material witness deposition on leave of court on showing of witness unavailability for trial and necessity “to prevent a failure of justice”); Norquay, ¶¶ 15-28 (pretrial video deposition testimony of prosecution DNA expert under §…”
State v. Pecora, 619 P.2d 173 (Mont. 1980). · cites it 12× “Defendant contends depositions were necessary pursuant to section 46-15-201(1), MCA, because the witnesses refused to interview defense counsel unless some member of the county attorney's office was present.”
State v. Allum, 2005 MT 150 (Mont. 2005). · cites it 4× “It quashed the deposition subpoenas because Allum had not demonstrated that the witnesses would be unavailable for trial as required by § 46-15-201(1), MCA. Regarding the subpoenas for trial, the court quashed them because the anticipated testimony of the witnesses was either…”
State v. Tilly, 737 P.2d 484 (Mont. 1987). · cites it 7× “Section 46-15-201, MCA, is obviously a discretionary statute.”
State v. Austad, 641 P.2d 1373 (Mont. 1982). · cites it 2× “The Commission Comment to sections 46-15-201 and 202, MCA (Annotations), refers to “the limited use of depositions in criminal cases”, and states that “they are only to be used when the state or defendant needs a deposition to avoid the loss of a witness material to the case.”
State v. Lane, 927 P.2d 989 (Mont. 1996). · cites it 8× “Section 46-15-201, MCA, provides in pertinent part: When depositions may be taken.”
State v. R. Tome, 2021 MT 229 (Mont. 2021). · cites it 2× “under § 46-15-201(1)(c), MCA, which permits a deposition of a prospective witness if they are “unwilling to provide relevant information to a requesting party and the witness’s testimony is material and necessary in order to prevent a failure of justice.”
C. Daenzer v. Hon. Jenks, 2020 MT 140 (Mont. 2020). · cites it 19× “¶5 Section 46-15-201, MCA, sets forth when a deposition in a criminal case may be taken.”
State v. Tuttle, 472 N.W.2d 712 (Neb. 1991). “EXCESSIVE SENTENCE In his final assignment of error, Tuttle claims excessiveness in the sentence imposed, that is, imprisonment for 20 to 30 months, with credit for 126 days’ custodial time during pendency of the final disposition of the charge against him.”
State v. Pingree, 2015 MT 187 (Mont. 2015). · cites it 4× “” 2 Although it was clear throughout the pretrial proceedings that Caroline had not been served with a subpoena, the record does not indicate that any efforts were made by the State to obtain an arrest warrant for her as a material witness and take her deposition pursuant to §…”
State v. Norquay, 2011 MT 34 (Mont. 2011). “1354, 1374 (2004)); §§ 46-15-201, -204, MCA; M. R. Evid. 804.”
Show all 16 citing cases →
— Mont. Code Ann. § 46-15-201(1) — 7 cases
State v. Knippel, 419 P.3d 1229 (Mont. 2018). “'s facial injuries and VNCO), arguing that the State failed, under § 46-13-401(2), MCA, to bring him to trial on those charges within six months of his initial plea in the City Court.”
State v. Pecora, 619 P.2d 173 (Mont. 1980). “Defendant contends depositions were necessary pursuant to section 46-15-201(1), MCA, because the witnesses refused to interview defense counsel unless some member of the county attorney's office was present.”
State v. Allum, 2005 MT 150 (Mont. 2005). “It quashed the deposition subpoenas because Allum had not demonstrated that the witnesses would be unavailable for trial as required by § 46-15-201(1), MCA. Regarding the subpoenas for trial, the court quashed them because the anticipated testimony of the witnesses was either…”
State v. Tilly, 737 P.2d 484 (Mont. 1987). “Section 46-15-201, MCA, is obviously a discretionary statute.”
State v. Austad, 641 P.2d 1373 (Mont. 1982). “The Commission Comment to sections 46-15-201 and 202, MCA (Annotations), refers to “the limited use of depositions in criminal cases”, and states that “they are only to be used when the state or defendant needs a deposition to avoid the loss of a witness material to the case.”
— Mont. Code Ann. § 46-15-201(1)(c) — 3 cases
State v. R. Tome, 2021 MT 229 (Mont. 2021). “under § 46-15-201(1)(c), MCA, which permits a deposition of a prospective witness if they are “unwilling to provide relevant information to a requesting party and the witness’s testimony is material and necessary in order to prevent a failure of justice.”
C. Daenzer v. Hon. Jenks, 2020 MT 140 (Mont. 2020). “¶5 Section 46-15-201, MCA, sets forth when a deposition in a criminal case may be taken.”
W. Hopper v. 4th Jud. Dist. (Mont. 2021).
— Mont. Code Ann. § 46-15-201(3) — 1 case
State v. Pingree, 2015 MT 187 (Mont. 2015). “” 2 Although it was clear throughout the pretrial proceedings that Caroline had not been served with a subpoena, the record does not indicate that any efforts were made by the State to obtain an arrest warrant for her as a material witness and take her deposition pursuant to §…”
— Mont. Code Ann. § 46-15-201(l)(c) — 1 case
State v. Lane, 927 P.2d 989 (Mont. 1996). “Section 46-15-201, MCA, provides in pertinent part: When depositions may be taken.”
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