reglab/housing_qa huggingface dataset:
MT Code § 46-15-330 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 3. Discovery -- Immunity for Witnesses|46-15-330. Investigation not to be impeded

  46-15-330. Investigation not to be impeded. 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 case.   History: En. Sec. 142, Ch. 800, L. 1991.
MT Code § 46-15-331 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 3. Discovery -- Immunity for Witnesses|46-15-331. Compelling testimony or production of evidence -- immunity

  46-15-331. Compelling testimony or production of evidence -- immunity. (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 immunity.   (2) If a person is required to give testimony or produce evidence in accordance with this section in any investigation or proceeding, compelled testimony or evidence and any information directly or indirectly derived from such testimony or evidence may not be used against the witness in any criminal prosecution.   (3) Nothing in this section prohibits a prosecutor from granting immunity from prosecution for or on account of any transaction, matter, or thing concerning which a witness is compelled to testify if in the prosecutor's sole discretion it is determined that the ends of justice would be served.   (4) Immunity may not extend to prosecution or punishment for false statements given in any testimony required under this section.   History: En. 95-1807 by Sec. 7, Ch. 513, L. 1973; R.C.M. 1947, 95-1807; amd. Sec. 4, Ch. 577, L. 1983; Sec. 46-15-311, MCA 1983; redes. 46-15-331 by Code Commissioner, 1985; amd. Sec. 145, Ch. 800, L. 1991.
MT Code § 46-15-332 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 3. Discovery -- Immunity for Witnesses|46-15-332. Privileged matters

  46-15-332. Privileged matters. All matters which are privileged upon the trial are privileged against disclosure through any discovery procedure.   History: En. 95-1803 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 26, Ch. 184, L. 1977; R.C.M. 1947, 95-1803(4); Sec. 46-15-312, MCA 1983; redes. 46-15-332 by Code Commissioner, 1985.
MT Code § 46-15-401 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 4. Evidence in Cases Involving Sexual Offenses|46-15-401. Repealed

  46-15-401. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. 95-1814 by Sec. 1, Ch. 384, L. 1977; R.C.M. 1947, 95-1814; amd. Sec. 1, Ch. 151, L. 1979; amd. Sec. 1, Ch. 8, L. 1983; amd. Sec. 1, Ch. 85, L. 1989.
MT Code § 46-15-402 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 4. Evidence in Cases Involving Sexual Offenses|46-15-402. Procedure at videotaping

  46-15-402. Procedure at videotaping. (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, the defendant's attorney, and such persons as are deemed necessary by the court to make the recordings authorized under this part shall be allowed to attend the videotape proceedings.   History: En. 95-1815 by Sec. 2, Ch. 384, L. 1977; R.C.M. 1947, 95-1815.
MT Code § 46-15-403 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 4. Evidence in Cases Involving Sexual Offenses|46-15-403. Court order to protect privacy of victim

  46-15-403. Court order to protect privacy of victim. 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.   History: En. 95-1816 by Sec. 3, Ch. 384, L. 1977; R.C.M. 1947, 95-1816.
MT Code § 46-15-405 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 4. Evidence in Cases Involving Sexual Offenses|46-15-405. Statewide sexual assault evidence kit tracking system -- rulemaking

  46-15-405. Statewide sexual assault evidence kit tracking system -- rulemaking. (1) The department of justice shall create, 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 the criminal justice process, including the initial collection at a health care facility, inventory and storage by law enforcement agencies, analysis at a crime laboratory, and storage or destruction after completion of analysis;   (b) allow law enforcement agencies, health care facilities, a crime laboratory, and other entities that receive, maintain, store, or preserve sexual assault evidence kits to update the status and location of the kits; and   (c) allow an individual to anonymously access the tracking system to track the location and status of the individual's sexual assault evidence kit.   (2) The department of justice shall adopt rules for developing and using the sexual assault evidence kit tracking system. Law enforcement agencies, health care facilities, and crime laboratories shall use the tracking system as provided in the rules.   (3) Information contained in the sexual assault evidence kit tracking system is confidential and not subject to public disclosure.   History: En. Sec. 2, Ch. 138, L. 2019.
MT Code § 46-15-406 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 4. Evidence in Cases Involving Sexual Offenses|46-15-406. Notice of rights for victims of sexual assault

  46-15-406. Notice of rights for victims of sexual assault. 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 examination and have evidence collected using a sexual assault evidence kit even if the victim does not want to participate in a criminal investigation;   (2) a victim may not be billed for the cost of administering the sexual assault medical forensic examination or collecting evidence for the sexual assault evidence kit;   (3) on request by a sexual assault victim to the investigating law enforcement agency, the victim may receive the following information:   (a) contact information for the officer investigating the case;   (b) the current status of the case;   (c) the current status of the sexual assault evidence kit;   (d) whether the case has been submitted to the office of the prosecuting attorney for review;   (e) whether the case has been closed and the documented reason for closure;   (f) if available, contact information for a local community-based victim services program;   (g) notifications of the victim's legal rights, including the right to file a petition requesting an order of protection; and   (h) the notices required by 46-24-203, 46-24-204, and 46-24-206.   History: En. Sec. 3, Ch. 138, L. 2019; amd. Sec. 1, Ch. 196, L. 2021.
MT Code § 46-15-407 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 4. Evidence in Cases Involving Sexual Offenses|46-15-407. through 46-15-410 reserved

  46-15-407 through 46-15-410 reserved.
MT Code § 46-15-411 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 4. Evidence in Cases Involving Sexual Offenses|46-15-411. Payment for medical evidence -- alleged sexual offenses

  46-15-411. Payment for medical evidence -- alleged sexual offenses. (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 directed by the agency or when evidence obtained by the examination is used for the investigation, prosecution, or resolution of an offense.   (2) (a) The department of justice shall, as long as funds are available from an appropriation made for this purpose, pay for the sexual assault medical forensic examination of a victim of an alleged incident of sexual intercourse without consent, sexual assault, or incest if the cost is not the responsibility of a local law enforcement agency under subsection (1).   (b) In administering the provisions of subsection (2)(a), the department shall:   (i) identify priorities for funding services, activities, and criteria for the receipt of program funds;   (ii) monitor the expenditure of funds by organizations receiving funds under this section;   (iii) evaluate the effectiveness of services and activities under this section; and   (iv) adopt rules necessary to implement this subsection (2).   (3) This section does not require a law enforcement agency or the state to pay any costs of treatment for injuries resulting from the alleged offense.   History: En. 95-1813 by Sec. 1, Ch. 128, L. 1977; R.C.M. 1947, 95-1813; amd. Sec. 4, Ch. 186, L. 1997; amd. Sec. 3, Ch. 504, L. 2005; amd. Sec. 3, Ch. 237, L. 2013; amd. Sec. 5, Ch. 138, L. 2019.
MT Code § 46-15-412 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 15. Production of Evidence|Part 4. Evidence in Cases Involving Sexual Offenses|46-15-412. Testing of sexual assault evidence kits

  46-15-412. (Temporary) Testing of sexual assault evidence kits. 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 the kit. (Terminates June 30, 2023--sec. 7, Ch. 138, L. 2019.)   History: En. Sec. 4, Ch. 138, L. 2019.
MT Code § 46-16-101 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 1. General Provisions|46-16-101. Who given precedence on calendar

  46-16-101. Who given precedence on calendar. Prosecutions against defendants held in custody must be disposed of in advance of prosecutions against defendants on bail unless for good cause the court shall direct an action to be tried out of its order.   History: En. 95-1906 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1906.
MT Code § 46-16-102 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 1. General Provisions|46-16-102. Renumbered 46-16-110

  46-16-102. Renumbered 46-16-110. Code Commissioner, 1991.
MT Code § 46-16-103 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 1. General Provisions|46-16-103. Who decides questions of law and fact

  46-16-103. Who decides questions of law and fact. (1) All prosecutions deciding issues of fact must be tried by the court and jury, except on a plea of guilty or nolo contendere.   (2) Questions of law must be decided by the court and questions of fact by the jury, except that on a trial for criminal defamation, the jury shall determine both questions of law and of fact. Questions of law and fact must be decided by the court when a trial by jury is waived under 46-16-110(3).   History: En. 95-1901 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 4, L. 1973; R.C.M. 1947, 95-1901(a), (b); amd. Sec. 17, Ch. 116, L. 1979; amd. Sec. 262, Ch. 800, L. 1991; amd. Sec. 15, Ch. 395, L. 1999.
MT Code § 46-16-104 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 1. General Provisions|46-16-104. Plea of not guilty

  46-16-104. Plea of not guilty. The plea of not guilty puts in issue every material allegation of the indictment, information, or complaint.   History: En. 95-1901 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 4, L. 1973; R.C.M. 1947, 95-1901(e).
MT Code § 46-16-105 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 1. General Provisions|46-16-105. Plea of guilty -- use of two-way electronic audio-video communication

  46-16-105. Plea of guilty -- use of two-way electronic audio-video communication. (1) Before or during trial, a plea of guilty must be accepted, and a plea of nolo contendere may be accepted with the consent of the court and the prosecutor, when:   (a) subject to the provisions of subsection (3), the defendant enters a plea of guilty or nolo contendere in open court; and   (b) the court has informed the defendant of the consequences of the plea and of the maximum penalty provided by law that may be imposed upon acceptance of the plea.   (2) At any time before judgment or, except when a claim of innocence is supported by evidence of a fundamental miscarriage of justice, within 1 year after judgment becomes final, the court may, for good cause shown, permit the plea of guilty or nolo contendere to be withdrawn and a plea of not guilty substituted. A judgment becomes final for purposes of this subsection (2):   (a) when the time for appeal to the Montana supreme court expires;   (b) if an appeal is taken to the Montana supreme court, when the time for petitioning the United States supreme court for review expires; or   (c) if review is sought in the United States supreme court, on the date that that court issues its final order in the case.   (3) For purposes of this section, an entry of a plea of guilty or nolo contendere 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, is considered to be an entry of a plea of guilty or nolo contendere in open court. 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. 95-1902 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1902; amd. Sec. 2, Ch. 163, L. 1997; amd. Sec. 16, Ch. 395, L. 1999; amd. Sec. 1, Ch. 96, L. 2003; amd. Sec. 1, Ch. 346, L. 2003; amd. Sec. 3, Ch. 222, L. 2005; amd. Sec. 1, Ch. 144, L. 2013.
MT Code § 46-16-106 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 1. General Provisions|46-16-106. Time to prepare for trial

  46-16-106. Time to prepare for trial. After plea, the defendant shall be entitled to a reasonable time to prepare for trial.   History: En. 95-1907 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1907.
MT Code § 46-16-107 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 1. General Provisions|46-16-107. Repealed

  46-16-107. Repealed. Sec. 49, Ch. 262, L. 1993.   History: En. 95-1903 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1903.
MT Code § 46-16-108 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 1. General Provisions|46-16-108. Repealed

  46-16-108. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. 95-1904 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1904(part).
MT Code § 46-16-109 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 1. General Provisions|46-16-109. reserved

  46-16-109 reserved.
MT Code § 46-16-110 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 1. General Provisions|46-16-110. Right to jury trial -- waiver

  46-16-110. Right to jury trial -- waiver. (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 written consent of the parties, a trial by jury may be waived.   History: En. 95-1901 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 4, L. 1973; R.C.M. 1947, 95-1901(c), (d); amd. Sec. 188, Ch. 800, L. 1991; Sec. 46-16-102, MCA 1989; redes. 46-16-110 by Code Commissioner, 1991; amd. Sec. 1, Ch. 7, L. 1995.
MT Code § 46-16-111 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 1. General Provisions|46-16-111. Formation of trial jury

  46-16-111. Formation of trial jury. (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.   History: (1)En. 95-1905 by Sec. 1, Ch. 196, L. 1967; Sec. 95-1905, R.C.M. 1947; (2)En. 95-1909 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 131, L. 1974; Sec. 95-1909, R.C.M. 1947; amd. Sec. 28, Ch. 184, L. 1977; R.C.M. 1947, 95-1905, 95-1909(2)(a); amd. Sec. 5, Ch. 51, L. 1981; amd. Sec. 2, Ch. 92, L. 1989; amd. Sec. 189, Ch. 800, L. 1991; Sec. 46-16-301, MCA 1989; redes. 46-16-111 by Code Commissioner, 1991.
MT Code § 46-16-112 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 1. General Provisions|46-16-112. Motion to discharge jury panel

  46-16-112. Motion to discharge jury panel. (1) Any objection to the manner in which a jury panel has been selected or drawn 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 term for which the jury is drawn.   (2) The motion must be in writing supported by affidavit and must state facts that show that the jury panel was improperly selected or drawn.   (3) If the motion states facts that show that the jury panel has been improperly selected or drawn, it is the duty of the court to conduct a hearing. The burden of proof is on the movant.   (4) If the court finds that the jury panel was improperly selected or drawn, the court shall order the jury panel discharged and the selection or drawing of a new panel in the manner provided by law.   History: En. 95-1908 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1908; amd. Sec. 190, Ch. 800, L. 1991; Sec. 46-16-302, MCA 1989; redes. 46-16-112 by Code Commissioner, 1991.
MT Code § 46-16-113 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 1. General Provisions|46-16-113. reserved

  46-16-113 reserved.
MT Code § 46-16-114 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 1. General Provisions|46-16-114. Examination of prospective jurors

  46-16-114. Examination of prospective jurors. (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 conduct an additional examination. The judge may limit the examination by the defendant, the defendant's attorney, or the prosecutor if the examination is improper.   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(1), (3); amd. Sec. 191, Ch. 800, L. 1991; Sec. 46-16-303, MCA 1989; redes. 46-16-114 by Code Commissioner, 1991.
MT Code § 46-16-115 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 1. General Provisions|46-16-115. Challenges for cause

  46-16-115. Challenges for cause. (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 defendant or to the person who is alleged to be injured by the offense charged or on whose complaint the prosecution was instituted;   (b) standing in the relation of guardian and ward, attorney and client, master and servant, landlord and tenant, or debtor and creditor with or being a member of the family or in the employment of the defendant or the person who is alleged to be injured by the offense charged or on whose complaint the prosecution was instituted;   (c) being a party adverse to the defendant in a civil action or having complained against or been accused by the defendant in a criminal prosecution;   (d) having served on the grand jury that found the indictment or on a coroner's jury that inquired into the death of a person whose death is the subject of the indictment or information;   (e) having served on a trial jury that tried another person for the offense charged or a related offense;   (f) having been a member of a jury formerly sworn to try the same charge, the verdict of which was set aside or which was discharged without verdict after the case was submitted to it;   (g) having served as a juror in a civil action brought against the defendant for the act charged as an offense;   (h) if the offense charged is punishable with death, having any conscientious opinions concerning the punishment as would preclude finding the defendant guilty, in which case the person must neither be permitted nor compelled to serve as a juror;   (i) having a belief that the punishment fixed by law is too severe for the offense charged; or   (j) having a state of mind in reference to the case or to either of the parties that would prevent the juror from acting with entire impartiality and without prejudice to the substantial rights of either party.   (3) An excuse from service on a jury is not a cause of challenge but the privilege of the person excused.   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(2)(b), (4); amd. Sec. 6, Ch. 51, L. 1981; amd. Sec. 192, Ch. 800, L. 1991; Sec. 46-16-304, MCA 1989; redes. 46-16-115 by Code Commissioner, 1991.
MT Code § 46-16-116 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 1. General Provisions|46-16-116. Peremptory challenges

  46-16-116. Peremptory challenges. (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 information charges a capital offense as well as lesser offenses in separate counts, the maximum number of challenges is eight.   (3) The state is allowed the same number of peremptory challenges as all of the defendants.   (4) In a criminal case tried before a six-person jury, the prosecution and all the defendants are allowed three peremptory challenges each.   (5) When the parties in a criminal case in the district court agree upon a jury consisting of a number of persons other than 6 or 12, they shall also agree in writing upon the number of peremptory challenges to be allowed.   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(6); amd. Sec. 193, Ch. 800, L. 1991; Sec. 46-16-305, MCA 1989; redes. 46-16-116 by Code Commissioner, 1991; amd. Sec. 36, Ch. 262, L. 1993.
MT Code § 46-16-117 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 1. General Provisions|46-16-117. Time for challenges

  46-16-117. Time for challenges. 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.   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(5); Sec. 46-16-306, MCA 1989; redes. 46-16-117 by Code Commissioner, 1991.