Title 46, Title 46

After plea, the defendant shall be entitled to a reasonable time to prepare for trial.

(1) The parties in a felony case have a right to trial by a jury of 12 persons. (2) The parties may agree in writing at any time before the verdict, with the approval of the court, that the jury shall consist of any number less than that to which they are entitled. (3) Upon writt…

(1) Trial juries in criminal cases are formed in the same manner as trial juries in civil cases. (2) The qualifications of jurors and excuses from jury duty are prescribed in Title 3, chapter 15, part 3.

(1) Any objection to the manner in which a jury panel has been selected, drawn, notified, or summoned must be raised by a motion to discharge the jury panel. Except for good cause shown, the motion must be made at least 5 days prior to the start of the trial for which the jury is…

(1) The clerk of court shall make available to the parties a list of prospective jurors with their questionnaires when the names have been drawn. (2) The prosecutor and the defendant or the defendant's attorney shall conduct the examination of prospective jurors. The judge may co…

(1) Each party may challenge jurors for cause, and each challenge must be tried by the court. (2) A challenge for cause may be taken for all or any of the following reasons or for any other reason that the court determines: (a) having consanguinity or relationship to the defendan…

(1) Each defendant is allowed eight peremptory challenges in capital cases and six in all other cases tried in the district court before a 12-person jury. There may not be additional challenges for separate counts charged in the indictment or information. (2) If the indictment or…

All challenges must be interposed before the jury is sworn unless the cause of challenge is discovered after the jury is sworn and before the introduction of any evidence, in which case the court, in its discretion, may allow the challenge to be interposed.

(1) The court may direct that one or more alternate jurors be selected in the same manner as principal jurors. The alternate jurors shall take the same oath as the principal jurors. (2) Each party shall have one additional peremptory challenge for each alternate juror. (3) Altern…

In all cases in which the defendant is charged with a misdemeanor offense, the defendant may appear by counsel only, although the court may require the personal attendance of the defendant at any time.

(1) Except as otherwise provided in Title 46, the defendant in all cases in which a felony is charged must be present at the initial appearance, arraignment, entry of plea, preliminary examination, trial, and sentencing or when otherwise required by the court. (2) The defendant m…

(1) In a misdemeanor case, if the defendant fails to appear in person, either at the time set for the trial or at any time during the course of the trial and if the defendant's counsel is authorized to act on the defendant's behalf, the court shall proceed with the trial unless g…

(1) In all misdemeanor cases, the verdict may be returned and the sentence imposed without the defendant being present. (2) (a) In all felony cases, the defendant shall appear in person when the verdict is returned or the sentence is imposed unless, after the exercise of due dili…

(1) There is an account in the state special revenue fund established in 17-2-102 to the credit of the judicial branch to be known as the pretrial diversion program account. (2) The purpose of the account is to fund a pilot project in five counties to analyze the costs and benefi…

(1) (a) Prior to the filing of a charge, the prosecutor and a defendant who has counsel or who has voluntarily waived counsel may agree to the deferral of a prosecution for a specified period of time based on one or more of the following conditions: (i) that the defendant may not…

In a criminal trial, when the defendant has offered evidence of justifiable use of force, the state has the burden of proving beyond a reasonable doubt that the defendant's actions were not justified.

The Montana Rules of Evidence and the statutory rules of evidence in civil actions are applicable also to criminal actions, except as otherwise provided.

Upon a trial for treason, the defendant cannot be convicted unless upon the testimony of two witnesses to the same overt act or upon confession in open court, nor can evidence be admitted of an overt act not expressly charged in the indictment or information, nor can the defendan…

A defendant in a criminal action is presumed to be innocent until the contrary is proved, and in case of a reasonable doubt whether the defendant's guilt is satisfactorily shown, the defendant must be found not guilty.

The rules for determining the competency of witnesses in civil actions are applicable also to criminal actions and proceedings, except as otherwise provided in this code.

(1) Neither spouse may testify to the communications or conversations between spouses that occur during their marriage unless: (a) consent of the defendant-spouse is obtained; (b) the defendant-spouse has been charged with an act of criminal violence against the other; or (c) the…

A person may not be found guilty of an offense on the testimony of one responsible or legally accountable for the same offense, as defined in 45-2-301, unless the testimony is corroborated by other evidence that in itself and without the aid of the testimony of the one responsibl…

Before an extrajudicial confession of the defendant to the crime charged may be admitted into evidence, the prosecution shall introduce independent evidence tending to establish the commission of the crime charged.

(1) Otherwise inadmissible hearsay may be admissible in evidence in a criminal proceeding, as provided in subsection (2), if: (a) the declarant of the out-of-court statement is a child who is: (i) an alleged victim of a sexual offense or other crime of violence, including partner…

(1) Otherwise inadmissible hearsay may be admitted into evidence in a criminal proceeding, as provided in subsections (2) and (3), if: (a) the declarant of the out-of-court statement is an individual with a developmental disability who is: (i) an alleged victim of a sexual offens…

(1) Otherwise inadmissible hearsay may be admitted into evidence in a criminal proceeding, as provided in subsections (2) and (3), if: (a) the declarant of the out-of-court statement is an incapacitated person or vulnerable adult who is: (i) an alleged victim of: (A) abuse, sexua…

As used in 46-16-226 through 46-16-229, the following definitions apply: (1) "Child witness" means an individual who is: (a) 13 years of age or younger at the time the individual is called as a witness in a criminal proceeding involving a sexual or violent offense; or (b) under 1…

Upon a motion by the prosecution or defense if the defense intends to call a child witness other than the victim in its case in chief, a court shall conduct a hearing to consider whether the testimony of a child witness may be taken outside the presence of the defendant and commu…

(1) A court shall conduct a hearing on a motion made under 46-16-227. (2) The prosecution, if the prosecution made the motion pursuant to 46-16-227, or the defense, if the defense made the motion pursuant to 46-16-227, shall present evidence at the hearing made on the motion to p…

(1) The court shall order that the testimony of a child witness be taken by two-way electronic audio-video communication if, after considering the factors set forth in 46-16-228(3), the court finds by clear and convincing evidence that the child witness is unable to testify in op…

(1) After the jury is sworn but before the introduction of any evidence, the court may give the jury general instructions concerning the conduct of the trial. The court shall give the jury such cautionary instructions as may be required during the course of the trial. (2) The pro…

For good cause shown and in the discretion of the court, the order prescribed in 46-16-401 may be departed from.

When, at the close of the prosecution's evidence or at the close of all the evidence, the evidence is insufficient to support a finding or verdict of guilty, the court may, on its own motion or on the motion of the defendant, dismiss the action and discharge the defendant. Howeve…

(1) Any party may request special jury instructions. All requests for instructions must conform to the Uniform District Court Rules, and all instructions must be settled by the court out of the presence of the jury. (2) A record must be made at the settlement of instructions. (3)…

(1) The jurors sworn to try an action may at any time, in the discretion of the court, be permitted to separate or be ordered to remain sequestered in the charge of a proper officer. If sequestered, the officer must be sworn to keep the jurors together, to allow no person to comm…

When the court considers it proper that the jury view any place or personal property pertinent to the case, it will order the jury to be conducted in a body under the custody of the sheriff or bailiff to view the place or personal property in the presence of the court, the prosec…

(1) When the jury retires to consider its verdict, an officer of the court must be appointed to keep the jurors together and to prevent conversations between the jurors and others. (2) After the jury has retired for deliberation, if there is any disagreement among the jurors as t…

Upon retiring for deliberation, the jurors may take with them the written jury instructions read by the court, notes of the proceedings taken by themselves, and all exhibits that have been received as evidence in the cause that in the opinion of the court will be necessary.

While the jury is absent, the court may adjourn or conduct other business, but it must be open for every purpose connected with the cause submitted to the jury until a verdict is returned or the jury discharged.

(1) The jury shall return a verdict as instructed by the court. The verdict must be unanimous in all criminal actions. The verdict must be signed by the lead juror and returned by the jury to the judge in open court. (2) If there are two or more defendants, the jury, at any time …

When a verdict is returned, the jury shall be polled at the request of any party or upon the court's own motion. If upon the poll there is not the required concurrence, the jury may be directed to retire for further deliberations or may be discharged.

If a verdict of not guilty is returned and the defendant is not detained for any other legal cause, the defendant must be discharged as soon as the judgment is given.

When it appears beyond a reasonable doubt that the defendant has committed an offense but there is reasonable doubt as to whether the defendant is guilty of a given offense or one or more lesser included offenses, the defendant may only be convicted of the greatest included offen…

(1) The defendant may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included in the offense charged. (2) A lesser included offense instruction must be given when there is a…

The granting of a new trial places the parties in the same position as if there had been no trial.

(1) Following a verdict or finding of guilty, the court may grant the defendant a new trial if required in the interest of justice. A new trial may be ordered by the court without a motion or may be granted after motion and hearing. (2) The motion for a new trial must be in writi…