25-14-106. Immunity of witnesses to criminal proceedings, MCA

Montana Code Annotated 2017

TITLE 25. CIVIL PROCEDURE

CHAPTER 14. PROCEEDINGS IN AID OF EXECUTION

Part 1. Proceedings to Determine Availability of Property

Immunity Of Witnesses To Criminal Proceedings

25-14-106. Immunity of witnesses to criminal proceedings. A party or witness examined in proceedings authorized by parts 1 and 2 of this chapter is not excused from answering a question on the ground that the party's or witness's examination will tend to convict the party or witness of the commission of a fraud or to prove that the party or witness has been a party or privy to or knowing of a conveyance, assignment, transfer, or other disposition of property for any purpose or that the party or witness or any other person claims to be entitled, as against the judgment creditor or a receiver appointed or to be appointed in the proceedings, to hold property derived from or through the judgment debtor or to be discharged from the payment of a debt that was due to the judgment debtor or to a person in the judgment debtor's behalf. However, an answer cannot be used as evidence against the person answering in a criminal action or criminal proceeding.

History: En. Sec. 1268, C. Civ. Proc. 1895; re-en. Sec. 6856, Rev. C. 1907; re-en. Sec. 9462, R.C.M. 1921; re-en. Sec. 9462, R.C.M. 1935; R.C.M. 1947, 93-5909; amd. Sec. 472, Ch. 56, L. 2009.