reglab/housing_qa huggingface dataset:
MT Code § 46-15-112 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 1. Subpoenas and Witnesses|46-15-112. Subpoena of witness in this state to testify in another state

  46-15-112. Subpoena of witness in this state to testify in another state. (1) If a judge of a court of record in any state, which by its laws has made provision for commanding persons within that state to attend and testify in this state, certifies under the seal of the court that there is a criminal prosecution pending in the court or that a grand jury investigation is commenced or is about to commence, that a person being within this state is a material witness in the prosecution or a grand jury investigation, and that the person's presence will be required for a specified number of days, upon presentation of the certificate to any judge of a court of record in the county in which the person is located, the judge shall fix a time and place for a hearing and shall make an order directing the witness to appear at a time and place certain for the hearing.   (2) If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending or a grand jury investigation is commenced or is about to commence will give the witness protection from arrest and the service of civil and criminal process, the judge shall issue a subpoena with a copy of the certificate attached directing the witness to attend and testify in the court where the prosecution is pending or where a grand jury investigation is commenced or is about to commence at a time and place specified in the subpoena. In the hearing, the certificate is prima facie evidence of all the facts stated in the certificate.   (3) If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure the witness's attendance in the requesting state, the judge may, in lieu of notification of the hearing, direct that the witness be brought before the judge for the hearing. At the hearing, the judge may, in lieu of issuing a subpoena, order that the witness be taken into custody and delivered to an officer of the requesting state.   History: En. Sec. 2, Ch. 188, L. 1937; Sec. 94-9002, R.C.M. 1947; redes. 95-1809 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-1809; amd. Sec. 183, Ch. 800, L. 1991.
MT Code § 46-15-113 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 1. Subpoenas and Witnesses|46-15-113. 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.
MT Code § 46-15-114 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 1. Subpoenas and Witnesses|46-15-114. Renumbered 46-15-120

  46-15-114. Renumbered 46-15-120. Code Commissioner, 1991.
MT Code § 46-15-115 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 1. Subpoenas and Witnesses|46-15-115. Subpoena for witness when defendant unable to pay

  46-15-115. Subpoena for witness when defendant unable to pay. (1) The court shall order at any time that a subpoena be issued for service on a named witness upon the ex parte application of a defendant acting pro se and upon a satisfactory showing that the defendant is financially unable to pay the costs incurred for the witness and that the presence of the witness is necessary to an adequate defense.   (2) If a defendant is indigent but is acting pro se and is not represented by a public defender, as defined in 47-1-103, a court order must be obtained if more than six witnesses are to be subpoenaed.   (3) If the defendant is represented by a public defender, as defined in 47-1-103, witness costs must be paid by the office of state public defender as provided for in 47-1-119.   History: En. 95-1801 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1801(b); amd. Sec. 185, Ch. 800, L. 1991; Sec. 46-15-103, MCA 1989; redes. 46-15-115 by Code Commissioner, 1991; amd. Sec. 48, Ch. 449, L. 2005; amd. Sec. 16, Ch. 358, L. 2017.
MT Code § 46-15-116 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 1. Subpoenas and Witnesses|46-15-116. 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.
MT Code § 46-15-117 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 1. Subpoenas and Witnesses|46-15-117. through 46-15-119 reserved

  46-15-117 through 46-15-119 reserved.
MT Code § 46-15-120 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 1. Subpoenas and Witnesses|46-15-120. Exemption from arrest and service of process

  46-15-120. Exemption from arrest and service of process. (1) If a person comes into this state in obedience to a subpoena directing the person to attend and testify in this state, the person may not, while in this state pursuant to the subpoena or order, be subject to arrest or the service of process, civil or criminal, in connection with matters that arose before the person's entrance into this state under the subpoena.   (2) If a person passes through this state while going to another state in obedience to a subpoena or order to attend and testify in that state, the person may not, while passing through this state, be subject to arrest or the service of process, civil or criminal, in connection with matters that arose before the person's entrance into this state under the subpoena.   History: En. Sec. 4, Ch. 188, L. 1937; Sec. 94-9004, R.C.M. 1947; redes. 95-1811 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-1811; amd. Sec. 187, Ch. 800, L. 1991; Sec. 46-15-114, MCA 1989; redes. 46-15-120 by Code Commissioner, 1991.
MT Code § 46-15-201 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 2. Depositions|46-15-201. 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.
MT Code § 46-15-202 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 2. Depositions|46-15-202. Procedure for taking depositions

  46-15-202. Procedure for taking depositions. (1) The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition. The notice must state the name and address of each person to be examined. On motion of the party upon whom the notice is served, the municipal or district court for cause shown may extend or shorten the time or change the place for taking the deposition.   (2) A deposition must be taken in the manner provided in civil actions. The court, upon request, may direct that a deposition be taken on written interrogatories in the manner provided in civil actions. However, a deposition may not be taken of a party defendant without the defendant's consent, and the scope and manner of examination and cross-examination must be restricted as would be allowed in the trial itself.   (3) The deposition must be filed with the court making the order and held until the trial. Either party shall make available to the other party or the other party's counsel for examination and use at the taking of the deposition any relevant, nonprivileged statement of the witness being deposed that is in the possession of either party.   (4) Objections to deposition testimony or evidence or parts of the testimony or evidence may be reserved for subsequent determination by the court.   (5) Unless a defendant in custody has waived, in writing, the right to be present at the taking of a deposition, the officer having custody of the defendant must be notified of the time and place set for the deposition. The officer having custody shall produce the defendant and keep the defendant in the presence of a witness during the deposition.   (6) A defendant not in custody who fails to appear, without good cause, at the taking of a deposition after being notified of the time and place set for the deposition will be considered to have waived the right to be present as provided in 46-16-122. The waiver includes a waiver of any objection to the taking and use of the deposition based upon that right.   (7) Whenever a deposition is taken at the instance of the prosecution or whenever a deposition is taken at the instance of a defendant who is unable to bear the expense of taking a deposition, the court shall direct that the expense of travel and subsistence of the defendant and the defendant's counsel for attendance at the examination and the cost of the transcript of the deposition be paid by the city for a municipal court proceeding or by the state for a district court proceeding.   History: En. 95-1802 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1802(b) thru (d); amd. Sec. 147, Ch. 800, L. 1991; amd. Sec. 32, Ch. 262, L. 1993.
MT Code § 46-15-203 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 2. Depositions|46-15-203. Repealed

  46-15-203. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. 95-1802 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1802(g).
MT Code § 46-15-204 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 2. Depositions|46-15-204. Use of depositions at trial

  46-15-204. Use of depositions at trial. Any deposition may be used by any party for any purpose allowed by the Montana Rules of Evidence.   History: En. 95-1802 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1802(e), (f); amd. Sec. 148, Ch. 800, L. 1991.
MT Code § 46-15-301 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 3. Discovery -- Immunity for Witnesses|46-15-301. Repealed

  46-15-301. Repealed. Sec. 11, Ch. 202, L. 1985.   History: En. 95-1803 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 26, Ch. 184, L. 1977; R.C.M. 1947, 95-1803(1), (3); amd. Sec. 14, Ch. 713, L. 1979; amd. Sec. 1, Ch. 557, L. 1981.
MT Code § 46-15-302 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 3. Discovery -- Immunity for Witnesses|46-15-302. Repealed

  46-15-302. Repealed. Sec. 11, Ch. 202, L. 1985.   History: (1), (2)En. 95-1801 by Sec. 1, Ch. 196, L. 1967; Sec. 95-1801, R.C.M. 1947; (3)En. 95-1803 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 26, Ch. 184, L. 1977; Sec. 95-1803, R.C.M. 1947; R.C.M. 1947, 95-1801(d), 95-1803(2); amd. Sec. 1, Ch. 496, L. 1979.
MT Code § 46-15-303 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 3. Discovery -- Immunity for Witnesses|46-15-303. Repealed

  46-15-303. Repealed. Sec. 11, Ch. 202, L. 1985.   History: En. 95-1804 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1804.
MT Code § 46-15-304 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 3. Discovery -- Immunity for Witnesses|46-15-304. through 46-15-310 reserved

  46-15-304 through 46-15-310 reserved.
MT Code § 46-15-311 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 3. Discovery -- Immunity for Witnesses|46-15-311. Renumbered 46-15-331

  46-15-311. Renumbered 46-15-331. Code Commissioner, 1985.
MT Code § 46-15-312 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 3. Discovery -- Immunity for Witnesses|46-15-312. Renumbered 46-15-332

  46-15-312. Renumbered 46-15-332. Code Commissioner, 1985.
MT Code § 46-15-313 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 3. Discovery -- Immunity for Witnesses|46-15-313. through 46-15-319 reserved

  46-15-313 through 46-15-319 reserved.
MT Code § 46-15-320 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 3. Discovery -- Immunity for Witnesses|46-15-320. Interview of child under age 16

  46-15-320. Interview of child under age 16. (1) A defendant may not interview a child under the age of 16 who alleges to be the victim of sexual abuse as provided in 45-5-502, 45-5-503, 45-5-504, 45-5-507, 45-5-508, or 45-5-625, or an immediate family member of the child who is also under the age of 16, except by an order of the court upon a motion showing that the defendant has exceptional circumstances that necessitate interviewing the child victim.   (2) Upon a motion under subsection (1), the court may, in its discretion, order an interview. If the court orders an interview, the court shall list the reasons for and scope of the interview and, if requested, provide any reasonable accommodations for the child victim for the interview.   History: En. Sec. 1, Ch. 387, L. 2019.
MT Code § 46-15-321 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 3. Discovery -- Immunity for Witnesses|46-15-321. Repealed

  46-15-321. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. Sec. 1, Ch. 202, L. 1985.
MT Code § 46-15-324 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 3. Discovery -- Immunity for Witnesses|46-15-324. Materials not subject to disclosure

  46-15-324. Materials not subject to disclosure. (1) Except as provided in this section, disclosure is not required for the superseded notes or work product of the prosecuting or defense attorney.   (2) If exculpatory information is contained in the superseded notes or work product of the prosecution, that information must be disclosed.   (3) Disclosure of the existence of an informant or the identity of an informant who will not be called to testify is not required if:   (a) disclosure would result in substantial risk to the informant or to the informant's operational effectiveness; and   (b) the failure to disclose will not infringe the constitutional rights of the accused.   History: En. Sec. 4, Ch. 202, L. 1985; amd. Sec. 139, Ch. 800, L. 1991; amd. Sec. 35, Ch. 262, L. 1993.
MT Code § 46-15-325 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 3. Discovery -- Immunity for Witnesses|46-15-325. Failure to call a witness or raise a defense

  46-15-325. Failure to call a witness or raise a defense. The fact that a witness's name is on a list furnished pursuant to this part but the witness does not testify or that a matter contained in a pretrial notice is not raised may not be commented upon at trial unless the court, on motion of a party, allows comment after finding that the inclusion of the witness's name or the pretrial notice constituted an abuse of the applicable disclosure requirement or that other good cause is shown.   History: En. Sec. 5, Ch. 202, L. 1985; amd. Sec. 140, Ch. 800, L. 1991.
MT Code § 46-15-326 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 3. Discovery -- Immunity for Witnesses|46-15-326. Use of materials

  46-15-326. Use of materials. Except as provided in 46-11-401, any materials, including witness lists, furnished to an attorney pursuant to 46-15-322 through 46-15-329 may not be disclosed to the public but may be disclosed to others only to the extent necessary for the proper conduct of the case.   History: En. Sec. 6, Ch. 202, L. 1985; amd. Sec. 261, Ch. 800, L. 1991.
MT Code § 46-15-327 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 3. Discovery -- Immunity for Witnesses|46-15-327. Continuing duty to disclose

  46-15-327. Continuing duty to disclose. If at any time after a disclosure has been made any party discovers additional information or material that would be subject to disclosure had it been known at the time of disclosure, the party shall promptly notify all other parties of the existence of the additional information or material and make an appropriate disclosure.   History: En. Sec. 7, Ch. 202, L. 1985; amd. Sec. 141, Ch. 800, L. 1991.
MT Code § 46-15-328 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 3. Discovery -- Immunity for Witnesses|46-15-328. Excision and protective orders

  46-15-328. Excision and protective orders. (1) Upon a motion of any party showing good cause, the court may at any time order that any disclosure be deferred or regulated when it finds:   (a) that the disclosure would result in a risk or harm outweighing any usefulness of the unrestricted disclosure to any party; and   (b) that the risk cannot be eliminated by a less substantial restriction of discovery rights.   (2) Whenever the court finds, on motion of any party, that only a portion of a document or other material is discoverable, it may authorize the party disclosing it to excise that portion of the material that is nondiscoverable and disclose the remainder.   (3) On motion of the party seeking a protective or excision order or in submitting for the court's determination the discoverability of any material or information, the court may permit that party to present the material or information for the inspection of the judge alone. Counsel for all other parties are entitled to be present when the presentation is made.   (4) If the court enters an order that any material or any portion of the material is not discoverable, the entire text of the material must be sealed and preserved in the record in the event of an appeal.   History: En. Sec. 8, Ch. 202, L. 1985; amd. Sec. 143, Ch. 800, L. 1991.
MT Code § 46-15-329 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 3. Discovery -- Immunity for Witnesses|46-15-329. Sanctions

  46-15-329. Sanctions. If at any time during the course of the proceeding it is brought to the attention of the court that a party has failed to comply with any of the provisions of this part or any order issued pursuant to this part, the court may impose any sanction that it finds just under the circumstances, including but not limited to:   (1) ordering disclosure of the information not previously disclosed;   (2) granting a continuance;   (3) holding a witness, party, or counsel in contempt for an intentional violation;   (4) precluding a party from calling a witness, offering evidence, or raising a defense not disclosed; or   (5) declaring a mistrial when necessary to prevent a miscarriage of justice.   History: En. Sec. 9, Ch. 202, L. 1985; amd. Sec. 144, Ch. 800, L. 1991.