reglab/housing_qa huggingface dataset:
MT Code § 46-16-118 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 1. General Provisions|46-16-118. Alternate jurors

  46-16-118. Alternate jurors. (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) Alternate jurors, in the order in which they are called, shall replace jurors who, prior to the time the jury arrives at its verdict, become unable or disqualified to perform their duties. An alternate juror may not join the jury in its deliberation unless called upon by the court to replace a member of the jury. An alternate juror's conduct during the period in which the jury is considering its verdict is regulated by instructions of the trial court. An alternate juror who does not replace a principal juror must be discharged after the jury arrives at its verdict.   History: En. 95-1909 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 131, L. 1974; amd. Sec. 28, Ch. 184, L. 1977; R.C.M. 1947, 95-1909(7); amd. Sec. 194, Ch. 800, L. 1991; Sec. 46-16-307, MCA 1989; redes. 46-16-118 by Code Commissioner, 1991.
MT Code § 46-16-119 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 1. General Provisions|46-16-119. reserved

  46-16-119 reserved.
MT Code § 46-16-120 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 1. General Provisions|46-16-120. Misdemeanor offenses

  46-16-120. Misdemeanor offenses. 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.   History: En. Sec. 125, Ch. 800, L. 1991.
MT Code § 46-16-121 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 1. General Provisions|46-16-121. Felony offenses

  46-16-121. Felony offenses. (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 may be present at all other proceedings.   (3) The presence of the defendant is not required before the supreme court.   History: En. Sec. 126, Ch. 800, L. 1991.
MT Code § 46-16-122 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 1. General Provisions|46-16-122. Absence of defendant from trial

  46-16-122. Absence of defendant from trial. (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 good cause for continuance exists.   (2) If the defendant's counsel is not authorized to act on the defendant's behalf as provided in subsection (1) or if the defendant is not represented by counsel, the court, in its discretion, may do one or more of the following:   (a) order a continuance;   (b) order bail forfeited;   (c) issue an arrest warrant; or   (d) proceed with the trial after finding that the defendant had knowledge of the trial date and is voluntarily absent.   (3) After the trial of a felony offense has commenced in the defendant's presence, the absence of the defendant during the trial may not prevent the trial from continuing up to and including the return of a verdict if the defendant:   (a) has been removed from the courtroom for disruptive behavior after receiving a warning that removal will result if the defendant persists in conduct that is so disruptive that the trial cannot be carried on with the defendant in the courtroom; or   (b) is voluntarily absent and the offense is not one that is punishable by death.   (4) Nothing in this section limits the right of the court to order the defendant to be personally present at the trial for purposes of identification unless defense counsel stipulates to the issue of identity.   History: En. Sec. 127, Ch. 800, L. 1991; amd. Sec. 37, Ch. 262, L. 1993.
MT Code § 46-16-123 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 1. General Provisions|46-16-123. Absence of defendant on receiving verdict or at sentencing

  46-16-123. Absence of defendant on receiving verdict or at sentencing. (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 diligence to procure the defendant's presence, the court finds that it is in the interest of justice that the verdict be returned and the sentence be pronounced in the defendant's absence.   (b) For purposes of subsection (2)(a), the defendant's appearance may be through the use of two-way electronic audio-video communication, allowing all of the participants to be heard in the courtroom by all present and allowing the party speaking to be seen. Audio-video communication may be used if neither party objects and the court agrees to its use and has informed the defendant that the defendant has the right to object to its use. The audio-video communication must operate as provided in 46-12-201.   History: En. Sec. 128, Ch. 800, L. 1991; amd. Sec. 4, Ch. 222, L. 2005.
MT Code § 46-16-124 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 1. General Provisions|46-16-124. through 46-16-128 reserved

  46-16-124 through 46-16-128 reserved.
MT Code § 46-16-129 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 1. General Provisions|46-16-129. Pretrial diversion program state special revenue account

  46-16-129. Pretrial diversion program state special revenue account. (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 benefits of the following:   (a) the risk associated with an offender being released into the community prior to the offender's trial date; and   (b) the potential or actual savings in jail costs for not having the offender incarcerated during that time.   History: En. Sec. 1, Ch. 456, L. 2019.
MT Code § 46-16-130 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 1. General Provisions|46-16-130. Pretrial diversion

  46-16-130. Pretrial diversion. (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 commit any offense;   (ii) that the defendant may not engage in specified activities, conduct, and associations bearing a relationship to the conduct upon which the charge against the defendant is based;   (iii) that the defendant shall participate in a supervised rehabilitation program, which may include treatment, counseling, training, or education;   (iv) that the defendant shall make restitution in a specified manner for harm or loss caused by the offense; or   (v) any other reasonable conditions.   (b) The agreement must be in writing, must be signed by the parties, and must state that the defendant waives the right to speedy trial for the period of deferral. The agreement may include stipulations concerning the admissibility of evidence, specified testimony, or dispositions if the deferral of the prosecution is terminated and there is a trial on the charge.   (c) The prosecution must be deferred for the period specified in the agreement unless there has been a violation of its terms.   (d) The agreement must be terminated and the prosecution automatically dismissed with prejudice upon expiration and compliance with the terms of the agreement.   (2) A condition of pretrial diversion may be for the court to refer a defendant for evaluation to determine the appropriateness of proceedings pursuant to Title 53, chapter 21.   (3) Except as provided in 46-1-1104 and 46-1-1204, after a charge has been filed, a deferral of prosecution may be entered into only after the prosecutor provides notice to the court.   (4) A prosecution for a violation of 61-8-1002 or aggravated driving under the influence as defined in 61-8-1001 may not be deferred.   History: En. Sec. 129, Ch. 800, L. 1991; amd. Sec. 38, Ch. 262, L. 1993; amd. Sec. 4, Ch. 447, L. 1995; amd. Sec. 5, Ch. 342, L. 2001; amd. Sec. 3, Ch. 153, L. 2013; amd. Sec. 1, Ch. 67, L. 2015; amd. Sec. 2, Ch. 424, L. 2015; amd. Sec. 24, Ch. 498, L. 2021.
MT Code § 46-16-131 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 1. General Provisions|46-16-131. Justifiable use of force -- burden of proof

  46-16-131. Justifiable use of force -- burden of proof. 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.   History: En. Sec. 9, Ch. 332, L. 2009.
MT Code § 46-16-201 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 2. Rules of Evidence for Criminal Cases|46-16-201. Applicability of rules of evidence and civil rules

  46-16-201. Applicability of rules of evidence and civil rules. The Montana Rules of Evidence and the statutory rules of evidence in civil actions are applicable also to criminal actions, except as otherwise provided.   History: En. Sec. 2078, Pen. C. 1895; re-en. Sec. 9279, Rev. C. 1907; re-en. Sec. 11977, R.C.M. 1921; Cal. Pen. C. Sec. 1102; re-en. Sec. 11977, R.C.M. 1935; Sec. 94-7209, R.C.M. 1947; redes. 95-3001 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-3001; amd. Sec. 195, Ch. 800, L. 1991.
MT Code § 46-16-202 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 2. Rules of Evidence for Criminal Cases|46-16-202. Evidence on trial for treason

  46-16-202. Evidence on trial for treason. 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 defendant be convicted unless one or more overt acts be expressly alleged therein.   History: En. Sec. 169, p. 243, Bannack Stat.; re-en. Sec. 294, p. 235, Cod. Stat. 1871; re-en. Sec. 294, 3d Div. Rev. Stat. 1879; re-en. Sec. 295, 3d Div. Comp. Stat. 1887; en. Sec. 2079, Pen. C. 1895; re-en. Sec. 9280, Rev. C. 1907; re-en. Sec. 11978, R.C.M. 1921; Cal. Pen. C. Sec. 1103; re-en. Sec. 11978, R.C.M. 1935; Sec. 94-7210, R.C.M. 1947; redes. 95-3002 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-3002.
MT Code § 46-16-203 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 2. Rules of Evidence for Criminal Cases|46-16-203. Renumbered 45-5-111 and 45-5-112

  46-16-203. Renumbered 45-5-111 and 45-5-112. Code Commissioner, 1983.
MT Code § 46-16-204 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 2. Rules of Evidence for Criminal Cases|46-16-204. Defendant presumed innocent -- reasonable doubt

  46-16-204. Defendant presumed innocent -- reasonable doubt. 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.   History: En. Sec. 186, p. 245, Bannack Stat.; re-en. Sec. 307, p. 237, Cod. Stat. 1871; re-en. Sec. 307, 3d Div. Rev. Stat. 1879; re-en. Sec. 308, 3d Div. Comp. Stat. 1887; en. Sec. 2072, Pen. C. 1895; re-en. Sec. 9273, Rev. C. 1907; re-en. Sec. 11971, R.C.M. 1921; Cal. Pen. C. Sec. 1096; re-en. Sec. 11971, R.C.M. 1935; Sec. 94-7203, R.C.M. 1947; redes. 95-2901 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-2901; amd. Sec. 196, Ch. 800, L. 1991; Sec. 46-16-601, MCA 1989; redes. 46-16-204 by Code Commissioner, 1991.
MT Code § 46-16-205 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 2. Rules of Evidence for Criminal Cases|46-16-205. through 46-16-210 reserved

  46-16-205 through 46-16-210 reserved.
MT Code § 46-16-211 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 2. Rules of Evidence for Criminal Cases|46-16-211. Who are competent witnesses

  46-16-211. Who are competent witnesses. 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.   History: En. Sec. 2440, Pen. C. 1895; re-en. Sec. 9482, Rev. C. 1907; re-en. Sec. 12175, R.C.M. 1921; Cal. Pen. C. Sec. 1321; re-en. Sec. 12175, R.C.M. 1935; Sec. 94-8801, R.C.M. 1947; redes. 95-3010 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-3010.
MT Code § 46-16-212 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 2. Rules of Evidence for Criminal Cases|46-16-212. Competency of spouses

  46-16-212. Competency of spouses. (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 defendant-spouse has been charged with abuse, abandonment, or neglect of the other spouse or either spouse's children.   (2) Except as provided in subsection (1), a spouse is a competent witness for or against the other spouse.   History: En. Sec. 2441, Pen. C. 1895; re-en. Sec. 9483, Rev. C. 1907; amd. Sec. 1, Ch. 111, L. 1915; re-en. Sec. 12176, R.C.M. 1921; Cal. Pen. C. Sec. 1322; re-en. Sec. 12176, R.C.M. 1935; Sec. 94-8802, R.C.M. 1947; redes. 95-3011 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 50, Ch. 184, L. 1977; R.C.M. 1947, 95-3011; amd. Sec. 197, Ch. 800, L. 1991.
MT Code § 46-16-213 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 2. Rules of Evidence for Criminal Cases|46-16-213. Testimony of person legally accountable

  46-16-213. Testimony of person legally accountable. 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 responsible or legally accountable for the same offense tends to connect the defendant with the commission of the offense.   History: En. 95-3012 by Sec. 13, Ch. 513, L. 1973; amd. Sec. 51, Ch. 184, L. 1977; R.C.M. 1947, 95-3012; amd. Sec. 198, Ch. 800, L. 1991.
MT Code § 46-16-214 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 2. Rules of Evidence for Criminal Cases|46-16-214. reserved

  46-16-214 reserved.
MT Code § 46-16-215 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 2. Rules of Evidence for Criminal Cases|46-16-215. Use of confession

  46-16-215. Use of confession. 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.   History: En. Sec. 199, Ch. 800, L. 1991.
MT Code § 46-16-216 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 2. Rules of Evidence for Criminal Cases|46-16-216. Repealed

  46-16-216. Repealed. Sec. 5, Ch. 488, L. 2007.   History: En. Sec. 200, Ch. 800, L. 1991; amd. Sec. 2, Ch. 288, L. 1991.
MT Code § 46-16-217 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 2. Rules of Evidence for Criminal Cases|46-16-217. through 46-16-219 reserved

  46-16-217 through 46-16-219 reserved.
MT Code § 46-16-223 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 2. Rules of Evidence for Criminal Cases|46-16-223. through 46-16-225 reserved

  46-16-223 through 46-16-225 reserved.
MT Code § 46-16-226 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 2. Rules of Evidence for Criminal Cases|46-16-226. Definitions

  46-16-226. Definitions. 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 16 years of age at the time that the individual is called as a witness in a criminal proceeding involving a sexual or violent offense and who is an individual with a developmental disability, as defined in 53-20-102.   (2) "Sexual offense" means any violation of or attempt, solicitation, or conspiracy to commit a violation of 45-5-502, 45-5-503, 45-5-504, 45-5-507, 45-5-603, or 45-5-625.   (3) "Violent offense" means any violation of or attempt, solicitation, or conspiracy to commit a violation of 45-5-102, 45-5-103, 45-5-202, 45-5-206, 45-5-210, 45-5-212, 45-5-213, 45-5-215, 45-5-302, 45-5-303, 45-5-401, 45-6-103, or 45-9-132.   History: En. Sec. 1, Ch. 488, L. 2007; amd. Sec. 12, Ch. 394, L. 2017.
MT Code § 46-16-227 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 2. Rules of Evidence for Criminal Cases|46-16-227. Raising issue of testimony of child witness outside presence of defendant -- motion by prosecution or defense

  46-16-227. Raising issue of testimony of child witness outside presence of defendant -- motion by prosecution or defense. 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 communicated to the courtroom by two-way electronic audio-video communication.   History: En. Sec. 2, Ch. 488, L. 2007.
MT Code § 46-16-228 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 2. Rules of Evidence for Criminal Cases|46-16-228. Hearing -- procedure -- evidence that may be received -- protection for child witness

  46-16-228. Hearing -- procedure -- evidence that may be received -- protection for child witness. (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 prove the need for an order under 46-16-229.   (3) In ruling on the motion, the court shall consider the following factors:   (a) the age and maturity of the child witness;   (b) the possible effect that testifying in person might have on the child witness;   (c) the extent of the trauma that the child witness has already suffered;   (d) the nature of the testimony to be given by the child witness;   (e) the nature of the offense;   (f) threats made to the child witness or the child witness's family in order to prevent or dissuade the child witness from attending or giving testimony at any trial or court proceeding;   (g) conduct on the part of the defendant or the defendant's attorney that causes the child witness to be unable to continue the child witness's testimony; and   (h) any other matter that the court considers relevant.   (4) The court may consider hearsay evidence of reports or testimony by psychologists who have examined or treated the child witness.   History: En. Sec. 3, Ch. 488, L. 2007.
MT Code § 46-16-229 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 2. Rules of Evidence for Criminal Cases|46-16-229. Order for two-way electronic audio-video communication testimony -- finding by court -- procedure for conducting testimony

  46-16-229. Order for two-way electronic audio-video communication testimony -- finding by court -- procedure for conducting testimony. (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 open court in the presence of the defendant for any of the following reasons:   (a) the child witness is unable to testify because of fear caused by the presence of the defendant;   (b) the child witness would suffer substantial emotional trauma from testifying in the presence of the defendant; or   (c) conduct by the defendant or the defendant's attorney causes the child witness to be unable to continue testifying.   (2) If the court orders that the child witness's testimony be taken by two-way electronic audio-video communication, the testimony must be taken outside the courtroom in a suitable location designated by the judge. Examination and cross-examination of the child witness must proceed as though the child witness were testifying in the courtroom. The only persons who may be permitted in the room with the child witness during the child's testimony are:   (a) the judge or a judicial officer appointed by the court;   (b) the prosecutor;   (c) the defense attorney;   (d) the child's attorney;   (e) persons necessary to operate the two-way electronic audio-video communication equipment; and   (f) any person whose presence is determined by the court to be necessary to the welfare and well-being of the child witness.   (3) The defendant must be afforded a means of private, contemporaneous communication with the defendant's attorney during the testimony.   (4) This section does not preclude the presence of both a victim and the defendant in the courtroom together for purposes of establishing or challenging the identification of the defendant when identification is a legitimate issue in the proceeding.   History: En. Sec. 4, Ch. 488, L. 2007.
MT Code § 46-16-301 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 3. Selecting the Jury (Renumbered)|46-16-301. Renumbered 46-16-111

  46-16-301. Renumbered 46-16-111. Code Commissioner, 1991.
MT Code § 46-16-302 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 3. Selecting the Jury (Renumbered)|46-16-302. Renumbered 46-16-112

  46-16-302. Renumbered 46-16-112. Code Commissioner, 1991.
MT Code § 46-16-303 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 3. Selecting the Jury (Renumbered)|46-16-303. Renumbered 46-16-114

  46-16-303. Renumbered 46-16-114. Code Commissioner, 1991.
MT Code § 46-16-304 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 3. Selecting the Jury (Renumbered)|46-16-304. Renumbered 46-16-115

  46-16-304. Renumbered 46-16-115. Code Commissioner, 1991.
MT Code § 46-16-305 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 3. Selecting the Jury (Renumbered)|46-16-305. Renumbered 46-16-116

  46-16-305. Renumbered 46-16-116. Code Commissioner, 1991.
MT Code § 46-16-306 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 3. Selecting the Jury (Renumbered)|46-16-306. Renumbered 46-16-117

  46-16-306. Renumbered 46-16-117. Code Commissioner, 1991.
MT Code § 46-16-307 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 3. Selecting the Jury (Renumbered)|46-16-307. Renumbered 46-16-118

  46-16-307. Renumbered 46-16-118. Code Commissioner, 1991.