TITLE 26. EVIDENCE

CHAPTER 2. SUBPOENAS AND WITNESSES

Part 5. Witness Fees

Witnesses For State, County, Or Public Defender -- Advance Payment Not Required

26-2-508. Witnesses for state, county, or public defender -- advance payment not required. The attorney general, any county attorney, or any public defender, as defined in 47-1-103, is authorized to cause subpoenas to be issued and compel the attendance of witnesses without paying or tendering fees in advance to either officers or witnesses. A witness refusing to or failing to attend, after being served with a subpoena, may be proceeded against and is liable in the same manner as is provided by law in other cases where fees have been tendered or paid.

History: En. Sec. 4620, Pol. C. 1895; re-en. Sec. 3153, Rev. C. 1907; re-en. Sec. 4902, R.C.M. 1921; re-en. Sec. 4902, R.C.M. 1935; R.C.M. 1947, 25-218; amd. Sec. 25, Ch. 449, L. 2005.