- (1) A subpoena may be served by a peace officer or by any other person who is not a party and who is not less than 18 years of age. A peace officer shall serve any subpoena delivered to the peace officer for service in the peace officer's county either on the part of the prosecution or of the defendant.
- (2) Service of a subpoena must be made by delivering a copy of the subpoena to the person named and, if ordered by the court, by tendering to those residing outside the county of trial the fee for 1 day's attendance and the mileage allowed by law. The person making the service shall without delay make a written return of the service subscribed by the person, stating the time and place of service.
- (3) A subpoena requiring attendance of a witness at a hearing or trial may be served anywhere within the state of Montana.
History: En. 95-1801 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1801(e), (f); amd. Sec. 182, Ch. 800, L. 1991; Sec. 46-15-102, MCA 1989; redes. 46-15-107 by Code Commissioner, 1991.