Title 46, Title 46

(1) If a judge of a court of record in any state, which by its laws has made provision for commanding persons within that state to attend and testify in this state, certifies under the seal of the court that there is a criminal prosecution pending in the court or that a grand jur…

(1) Whenever a person in any state that by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions or grand jury investigations in this state is a material witness in a prosecution pending in a court of record in this s…

(1) The court shall order at any time that a subpoena be issued for service on a named witness upon the ex parte application of a defendant acting pro se and upon a satisfactory showing that the defendant is financially unable to pay the costs incurred for the witness and that th…

(1) When a person attends before a judge, grand jury, or court as a witness in a criminal case upon a subpoena, the witness must receive the witness fee prescribed by Title 26, chapter 2, part 5, except as otherwise provided in this section. (2) The court may determine the reason…

(1) If a person comes into this state in obedience to a subpoena directing the person to attend and testify in this state, the person may not, while in this state pursuant to the subpoena or order, be subject to arrest or the service of process, civil or criminal, in connection w…

(1) In district or municipal court cases, a deposition may be taken if it appears that a prospective witness: (a) is likely to be either unable to attend or otherwise prevented from attending a trial or hearing; (b) is likely to be absent from the state at the time of the trial o…

(1) The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition. The notice must state the name and address of each person to be examined. On motion of the party upon whom the no…

Any deposition may be used by any party for any purpose allowed by the Montana Rules of Evidence.

(1) A defendant may not interview a child under the age of 16 who alleges to be the victim of sexual abuse as provided in 45-5-502, 45-5-503, 45-5-504, 45-5-507, 45-5-508, or 45-5-625, or an immediate family member of the child who is also under the age of 16, except by an order …

(1) Upon request, the prosecutor shall make available to the defendant for examination and reproduction the following material and information within the prosecutor's possession or control: (a) the names, addresses, and statements of all persons whom the prosecutor may call as wi…

(1) At any time after the filing in district court of an indictment or information, the defendant, in connection with the particular crime charged and upon written request of the prosecutor and approval of the court: (a) shall appear in a lineup; (b) shall speak for identificatio…

(1) Except as provided in this section, disclosure is not required for the superseded notes or work product of the prosecuting or defense attorney. (2) If exculpatory information is contained in the superseded notes or work product of the prosecution, that information must be dis…

The fact that a witness's name is on a list furnished pursuant to this part but the witness does not testify or that a matter contained in a pretrial notice is not raised may not be commented upon at trial unless the court, on motion of a party, allows comment after finding that …

Except as provided in 46-11-401, any materials, including witness lists, furnished to an attorney pursuant to 46-15-322 through 46-15-329 may not be disclosed to the public but may be disclosed to others only to the extent necessary for the proper conduct of the case.

If at any time after a disclosure has been made any party discovers additional information or material that would be subject to disclosure had it been known at the time of disclosure, the party shall promptly notify all other parties of the existence of the additional information…

(1) Upon a motion of any party showing good cause, the court may at any time order that any disclosure be deferred or regulated when it finds: (a) that the disclosure would result in a risk or harm outweighing any usefulness of the unrestricted disclosure to any party; and (b) th…

If at any time during the course of the proceeding it is brought to the attention of the court that a party has failed to comply with any of the provisions of this part or any order issued pursuant to this part, the court may impose any sanction that it finds just under the circu…

Except as to matters to which discovery is restricted and except as to the defendant's counsel advising the defendant, a party or agent of a party may not discourage or obstruct communication between any person and any party or otherwise obstruct a party's investigation of the ca…

(1) Before or during trial in any judicial proceeding, a judge of the district or municipal court, upon request by the prosecutor or defense counsel, may require a person to answer any question or produce any evidence, even though personally incriminating, following a grant of im…

All matters which are privileged upon the trial are privileged against disclosure through any discovery procedure.

(1) The procedural and evidentiary rules of the state of Montana which are applicable to criminal trials within the state of Montana shall apply to the videotape proceedings authorized by this part. (2) The district court judge, the prosecuting attorney, the victim, the defendant…

Videotapes which are part of the court record are subject to a protective order of the court for the purpose of protecting the privacy of the victim.

(1) Following the completion of hospital emergency services and forensic services for a sexual assault medical forensic examination, the health care professional providing the forensic services shall provide the patient the opportunity to sign a written consent to allow law enfor…

(1) The sexual assault response network program within the department of justice shall operate and maintain a statewide sexual assault evidence kit tracking system. The tracking system must: (a) track the status of a sexual assault evidence kit from the collection site through th…

The department of justice shall prepare a model form for use by health care facilities and law enforcement agencies that details the statutory rights of victims of sexual assault. These rights include the following: (1) a victim may receive a sexual assault medical forensic exami…

(1) The local law enforcement agency within whose jurisdiction an alleged incident of sexual intercourse without consent, sexual assault, or incest occurs shall pay for the sexual assault medical forensic examination of a victim of the alleged offense when the examination is dire…

Except for a sexual assault evidence kit that is submitted to the department of justice as provided in 46-15-411(2)(a), a local law enforcement agency shall submit all other kits to the division of forensic science within 30 days after the local law enforcement agency receives th…

(1) Sexual assault evidence kits reported to law enforcement pursuant to 46-15-404, anonymous sexual assault evidence kits collected as provided in 46-15-411, and the related contents of reported or anonymous sexual assault evidence kits must be stored in a secure and reasonable …