Montana Code Annotated 2021



Part 5. Witness Fees

Witnesses In Courts Of Record And Before Certain Court Officers

26-2-501. Witnesses in courts of record and before certain court officers. (1) Except as provided in 26-2-505 and subsection (2) of this section, witness fees are as follows:

(a) for attending in any civil or criminal action or proceeding before any court of record, referee, or officer authorized to take depositions or commissioners to assess damages or otherwise, for each day, $10;

(b) for mileage in traveling to the place of trial or hearing, each way, for each mile, a mileage allowance as provided in 2-18-503.

(2) However, an officer of the United States, the state of Montana, or any county, incorporated city, or town within the limits of the state of Montana may not receive any per diem when testifying in a criminal proceeding, and a witness may not receive fees in more than one criminal case on the same day.

History: En. Sec. 4648, Pol. C. 1895; re-en. Sec. 3182, Rev. C. 1907; re-en. Sec. 4936, R.C.M. 1921; amd. Sec. 2, Ch. 18, L. 1935; re-en. Sec. 4936, R.C.M. 1935; amd. Sec. 2, Ch. 117, L. 1963; amd. Sec. 3, Ch. 332, L. 1971; amd. Sec. 11, Ch. 439, L. 1975; R.C.M. 1947, 25-404; amd. Sec. 23, Ch. 449, L. 2005.