MT Code § 46-32-104 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 32. Wrongful Conviction|Part 1. Proceedings for Compensation|46-32-104. Commencement of proceedings -- burden of proof

  46-32-104. (Temporary) Commencement of proceedings -- burden of proof. (1) A claimant is entitled to a hearing in district court as expeditiously as possible after filing a claim for compensation.  (2) A claim filed pursuant to this part must be served on the department of justice and the county of conviction. The department shall provide a defense for the state and the county of conviction shall provide its own defense for claims filed under this part.   (3) A claim filed under this part must be tried by a jury unless a jury trial is waived upon agreement of the parties.   (4) If a claimant dies prior to filing or during pendency of a claim under this part, the person's estate may file or maintain a claim pursuant to this part.   (5) The claimant must prove by a preponderance of the evidence that:   (a) the claimant did not commit the crime or crimes for which the claimant was convicted, did not aid, abet, or act as an accomplice or accessory to a person who committed the acts that were the basis of the conviction, and did not commit a lesser offense necessarily included in the crime for which the claimant was convicted;   (b) the claimant did not commit perjury under 45-7-201, fabricate evidence, or by the claimant's own conduct cause or bring about the conviction. A confession or admission that is later found to be false or a guilty plea that is withdrawn does not constitute committing perjury, fabricating evidence, or causing or bringing about the conviction, and 45-7-201 does not apply.   (c) (i) the claimant's conviction was reversed or vacated and either the claimant was not retried and the charges were dismissed, or the claimant was retried and was found not guilty, and the basis for reversing or vacating the conviction was not legal error unrelated to factual innocence; or   (ii) the claimant was pardoned by the board of pardons and parole or the governor on the grounds that the claimant was innocent of the act for which the claimant was convicted.   (6) The court, in exercising its discretion regarding the weight and admissibility of evidence submitted under this section, may in the interest of justice give due consideration to difficulties of proof caused by the passage of time, the death or unavailability of witnesses, the destruction of evidence, or other factors not caused by claimants, the state, the county of conviction, or those acting on their behalf.   (7) If the court finds that the claimant is entitled to judgment, the court shall enter a certificate of innocence finding that the claimant is innocent of all crimes for which the claimant was mistakenly convicted. The clerk of the court shall send a certified copy of the certificate of innocence and the judgment to the department of justice and the county of conviction for payment pursuant to this part.   (8) The decision of the district court may be appealed directly to the supreme court. (Terminates June 30, 2023--sec. 15, Ch. 574, L. 2021.)   History: En. Sec. 4, Ch. 574, L. 2021.