GENERAL PROVISIONS: MODEL RULES: GENERAL PROVISIONS, SUBPOENAS


Published: 2008-08-15

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1.3.230    GENERAL PROVISIONS, SUBPOENAS

(1) An agency conducting contested case or declaratory ruling proceedings may require the furnishing of information, attendance of witnesses, and production of evidence through subpoena and subpoena duces tecum.

(a) Subpoenas must be issued and served pursuant to the rules of civil procedure. Except as otherwise provided by law, costs associated with the subpoena must be paid by the party who requested it.

(b) In case of disobedience, an agency or other party may petition a district court to compel compliance with a subpoena or the giving of testimony.

History: 2-4-202, MCA; IMP, 2-4-202, MCA; Eff. 12/31/72; AMD, 1977 MAR p. 1192, Eff. 12/24/77; AMD, 1979 MAR p. 1237, Eff. 10/12/79; AMD, 2008 MAR p. 1700, Eff. 8/15/08.