26-2-101. Subpoena defined. The process by which the attendance of a witness is required is by a subpoena. A subpoena is a writ or order directed to a person and requiring the person’s attendance at a particular time and place to testify as a witness. The subpoena may also require the person to bring with the person any books, documents, or other things under the person’s control that the person is bound by law to produce in evidence.

Terms Used In Montana Code 26-2-101

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Subpoena: A command to a witness to appear and give testimony.