reglab/housing_qa huggingface dataset:
MT Code § 46-13-101 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 13. Pretrial Motions|Part 1. General Provisions|46-13-101. Pretrial motions and notices

  46-13-101. Pretrial motions and notices. (1) Except for good cause shown, any defense, objection, or request that is capable of determination without trial of the general issue must be raised at or before the omnibus hearing unless otherwise provided by Title 46.   (2) Failure of a party to raise defenses or objections or to make requests that must be made prior to trial, at the time set by the court, constitutes a waiver of the defense, objection, or request.   (3) The court, for cause shown, may grant relief from any waiver provided by this section. Lack of jurisdiction or the failure of a charging document to state an offense is a nonwaivable defect and must be noticed by the court at any time during the pendency of a proceeding.   (4) Unless the court provides otherwise, all pretrial motions must be in writing and must be supported by a statement of the relevant facts upon which the motion is being made. The motion must state with particularity the grounds for the motion and the order or relief sought.   History: En. 95-1701 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1701; amd. Sec. 168, Ch. 800, L. 1991.
MT Code § 46-13-102 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 13. Pretrial Motions|Part 1. General Provisions|46-13-102. Repealed

  46-13-102. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. 95-1702 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1702.
MT Code § 46-13-103 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 13. Pretrial Motions|Part 1. General Provisions|46-13-103. Repealed

  46-13-103. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. 95-1704 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 22, Ch. 184, L. 1977; R.C.M. 1947, 95-1704.
MT Code § 46-13-104 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 13. Pretrial Motions|Part 1. General Provisions|46-13-104. Ruling on motions

  46-13-104. Ruling on motions. (1) A motion made before trial must be determined before trial unless the court, for good cause, orders it deferred for determination at the trial of the general issue or until after the verdict, but a determination may not be deferred if a party's right to appeal is adversely affected.   (2) Except where mandated by Title 46, the court has discretion to conduct a hearing on the merits of a motion.   (3) The court's final determination of any pretrial motion must state, either in writing or on the record, the court's findings of fact and conclusions of law.   History: En. 95-1705 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1705; amd. Sec. 169, Ch. 800, L. 1991.
MT Code § 46-13-105 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 13. Pretrial Motions|Part 1. General Provisions|46-13-105. Repealed

  46-13-105. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. 95-1706 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 23, Ch. 184, L. 1977; R.C.M. 1947, 95-1706(1).
MT Code § 46-13-106 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 13. Pretrial Motions|Part 1. General Provisions|46-13-106. Renumbered 46-13-402

  46-13-106. Renumbered 46-13-402. Code Commissioner, 1991.
MT Code § 46-13-107 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 13. Pretrial Motions|Part 1. General Provisions|46-13-107. reserved

  46-13-107 reserved.
MT Code § 46-13-108 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 13. Pretrial Motions|Part 1. General Provisions|46-13-108. Notice by prosecutor seeking persistent felony offender status

  46-13-108. Notice by prosecutor seeking persistent felony offender status. (1) Except for good cause shown, if the prosecution seeks treatment of the accused as a persistent felony offender, notice of that fact must be given at or before the omnibus hearing pursuant to 46-13-110.   (2) The notice must specify the alleged prior convictions and may not be made known to the jury before the verdict is returned except as allowed by the Montana Rules of Evidence.   (3) If the defendant objects to the allegations contained in the notice, the judge shall conduct a hearing to determine if the allegations in the notice are true.   (4) The hearing must be held before the judge alone. If the judge finds any allegations of the prior convictions are true, the accused must be sentenced as provided by law.   (5) The notice must be filed and sealed until the time of trial or until a plea of guilty or nolo contendere is given by the defendant.   History: En. 95-1506 by Sec. 1, Ch. 196, L. 1967; amd. Sup. Ct. Ord. 11450-2-3-4, Oct. 10, 1968, eff. Dec. 1, 1968; amd. Sec. 20, Ch. 184, L. 1977; R.C.M. 1947, 95-1506; amd. Sec. 171, Ch. 800, L. 1991; Sec. 46-18-503, MCA 1989; redes. 46-13-108 by Code Commissioner, 1991; amd. Sec. 23, Ch. 262, L. 1993; amd. Sec. 12, Ch. 395, L. 1999.
MT Code § 46-13-109 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 13. Pretrial Motions|Part 1. General Provisions|46-13-109. Repealed

  46-13-109. Repealed. Sec. 2, Ch. 130, L. 2011.   History: En. Sec. 47, Ch. 262, L. 1993; amd. Sec. 13, Ch. 395, L. 1999.
MT Code § 46-13-110 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 13. Pretrial Motions|Part 1. General Provisions|46-13-110. Omnibus hearing -- use of two-way electronic audio or video communication

  46-13-110. Omnibus hearing -- use of two-way electronic audio or video communication. (1) Within a reasonable time following the entry of a not guilty plea but not less than 30 days before trial, the court shall hold an omnibus hearing.   (2) The purpose of the hearing is to expedite the procedures leading up to the trial of the defendant.   (3) The presence of the defendant is not required, unless ordered by the court. The prosecutor and the defendant's counsel shall attend the hearing. The prosecutor and the defendant or defendant's counsel may attend the hearing by two-way electronic audio or video communication if neither party objects and the court agrees to its use. The parties must be prepared to discuss any pretrial matter appropriate to the case, including but not limited to:   (a) joinder and severance of offenses or defendants, 46-11-404, 46-13-210, and 46-13-211;   (b) double jeopardy, 46-11-410, 46-11-503, and 46-11-504;   (c) the need for exclusion of the public and for sealing records of any pretrial proceedings, 46-11-701;   (d) notification of the existence of a plea agreement, 46-12-211;   (e) disclosure and discovery motions, Title 46, chapter 15, part 3;   (f) notice of reliance on certain defenses, 46-15-323;   (g) notice of seeking persistent felony offender status, 46-13-108;   (h) motion to suppress, 46-13-301 and 46-13-302;   (i) motion to dismiss, 46-13-401 and 46-13-402;   (j) motion for change of place of trial, 46-13-203 through 46-13-205;   (k) reasonableness of bail, Title 46, chapter 9; and   (l) stipulations.   (4) At the conclusion of the hearing, a court-approved memorandum of the matters settled must be signed by the court and counsel and filed with the court.   (5) Any motions made pursuant to subsections (1) through (3) may be ruled on by the court at the time of the hearing, where appropriate, or may be scheduled for briefing and further hearing as the court considers necessary.   History: En. Sec. 170, Ch. 800, L. 1991; amd. Sec. 24, Ch. 262, L. 1993; amd. Sec. 11, Ch. 557, L. 2005; amd. Sec. 1, Ch. 130, L. 2011; amd. Sec. 1, Ch. 286, L. 2019.
MT Code § 46-13-201 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 13. Pretrial Motions|Part 2. Specific Pretrial Motions|46-13-201. Renumbered 46-13-401

  46-13-201. Renumbered 46-13-401. Code Commissioner, 1991.
MT Code § 46-13-202 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 13. Pretrial Motions|Part 2. Specific Pretrial Motions|46-13-202. Motion for continuance

  46-13-202. Motion for continuance. (1) The defendant or the prosecutor may move for a continuance. If the motion is made more than 30 days after arraignment or at any time after trial has begun, the court may require that it be supported by affidavit.   (2) The court may upon the motion of either party or upon the court's own motion order a continuance if the interests of justice so require.   (3) All motions for continuance are addressed to the discretion of the trial court and must be considered in the light of the diligence shown on the part of the movant. This section must be construed to the end that criminal cases are tried with due diligence consonant with the rights of the defendant and the prosecution to a speedy trial.   History: En. 95-1708 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1708; amd. Sec. 25, Ch. 262, L. 1993.
MT Code § 46-13-203 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 13. Pretrial Motions|Part 2. Specific Pretrial Motions|46-13-203. Change of place of trial for prejudice

  46-13-203. Change of place of trial for prejudice. (1) The defendant or the prosecution may move for a change of place of trial on the ground that there exists in the county in which the charge is pending such prejudice that a fair trial cannot be had in the county.   (2) If the district court determines that there exists in the county in which the prosecution is pending such prejudice that a fair trial cannot be had, the district court shall:   (a) transfer the cause to any other county in which a fair trial may be had;   (b) direct that a jury be selected in any county where a fair trial may be had and then returned to the county where the prosecution is pending to try the case; or   (c) take any other action designed to ensure that a fair trial may be had.   History: En. 95-1710 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1710; amd. Sec. 14, Ch. 116, L. 1979; amd. Sec. 1, Ch. 556, L. 1981; amd. Sec. 174, Ch. 800, L. 1991; amd. Sec. 26, Ch. 262, L. 1993.
MT Code § 46-13-204 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 13. Pretrial Motions|Part 2. Specific Pretrial Motions|46-13-204. Transfer of trial

  46-13-204. Transfer of trial. If the court determines that a motion to dismiss based upon the grounds of lack of jurisdiction or improper place of trial is well-founded, it may, instead of ordering dismissal, order the cause transferred to a court of competent jurisdiction or to a proper place of trial.   History: En. 95-1707 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 24, Ch. 184, L. 1977; R.C.M. 1947, 95-1707.
MT Code § 46-13-205 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 13. Pretrial Motions|Part 2. Specific Pretrial Motions|46-13-205. Return to original place of trial

  46-13-205. Return to original place of trial. When a trial occurs after a change of place of trial and a retrial is required, the cause must be returned to the county in which the charge was originally properly filed for further proceedings.   History: En. Sec. 175, Ch. 800, L. 1991.
MT Code § 46-13-206 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 13. Pretrial Motions|Part 2. Specific Pretrial Motions|46-13-206. through 46-13-209 reserved

  46-13-206 through 46-13-209 reserved.
MT Code § 46-13-210 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 13. Pretrial Motions|Part 2. Specific Pretrial Motions|46-13-210. Trial of indictments, informations, complaints, or defendants together

  46-13-210. Trial of indictments, informations, complaints, or defendants together. The court may order two or more indictments, informations, complaints, or defendants to be tried together if the interests of justice require and the charges or defendants could have been joined in a single indictment, information, or complaint as provided for in 46-11-404.   History: En. Sec. 176, Ch. 800, L. 1991; amd. Sec. 27, Ch. 262, L. 1993.
MT Code § 46-13-211 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 13. Pretrial Motions|Part 2. Specific Pretrial Motions|46-13-211. Relief from prejudicial joinder

  46-13-211. Relief from prejudicial joinder. (1) If it appears that a defendant or the prosecution is prejudiced by a joinder of charges or defendants in an indictment, information, or complaint or by a joinder for trial together, the court may order separate trials, grant a severance of defendants, or provide whatever other relief justice requires.   (2) In ruling on a motion by a defendant for severance, the court may order the prosecutor to deliver to the court for inspection, in camera, any statements or confessions made by the defendants that the prosecution intends to introduce at trial.   History: En. Sec. 177, Ch. 800, L. 1991.
MT Code § 46-13-301 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 13. Pretrial Motions|Part 3. Suppression of Evidence|46-13-301. Suppression of confession or admission

  46-13-301. Suppression of confession or admission. (1) A defendant may move to suppress as evidence any confession or admission given by the defendant on the ground that it was involuntary. The motion must be in writing and state facts showing why the confession or admission was involuntary.   (2) If the allegations of the motion state facts that, if true, show that the confession or admission was involuntary, the court shall conduct a hearing into the merits of the motion. The prosecution must prove by a preponderance of the evidence that the confession or admission was voluntary.   (3) The issue of the admissibility of the confession or admission may not be submitted to the jury. If the confession or admission is determined to be admissible, the circumstances surrounding the making of the confession or admission may be submitted to the jury as bearing upon the credibility or the weight to be given to the confession or admission.   (4) If the motion is granted, the confession or admission is not admissible in evidence against the movant at the trial of the case.   History: En. 95-1805 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1805; amd. Sec. 1, Ch. 44, L. 1981; amd. Sec. 173, Ch. 800, L. 1991.
MT Code § 46-13-302 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 13. Pretrial Motions|Part 3. Suppression of Evidence|46-13-302. Suppression of evidence

  46-13-302. Suppression of evidence. (1) A defendant aggrieved by an unlawful search and seizure may move the court to suppress as evidence anything obtained by the unlawful search and seizure.   (2) If the motion states facts that, if true, would show that the evidence should be suppressed, the court shall hear the merits of the motion at the omnibus hearing or at a later date if the court orders.   (3) If the motion is granted, the evidence is not admissible at trial.   History: En. 95-1806 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1806; amd. Sec. 172, Ch. 800, L. 1991.
MT Code § 46-13-401 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 13. Pretrial Motions|Part 4. Motion for Dismissal|46-13-401. Dismissal at instance of court or prosecution

  46-13-401. Dismissal at instance of court or prosecution. (1) The court may, either on its own motion or upon the application of the prosecuting attorney and in furtherance of justice, order a complaint, information, or indictment to be dismissed. However, the court may not order a dismissal of a complaint, information, or indictment, or a count contained in a complaint, information, or indictment, charging a felony, unless good cause for dismissal is shown and the reasons for the dismissal are set forth in an order entered upon the minutes.   (2) After the entry of a plea upon a misdemeanor charge, the court, unless good cause to the contrary is shown, shall order the prosecution to be dismissed, with prejudice, if a defendant whose trial has not been postponed upon the defendant's motion is not brought to trial within 6 months.   History: En. 95-1703 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 173, L. 1971; R.C.M. 1947, 95-1703; amd. Sec. 3, Ch. 606, L. 1985; amd. Sec. 178, Ch. 800, L. 1991; Sec. 46-13-201, MCA 1989; redes. 46-13-401 by Code Commissioner, 1991.
MT Code § 46-13-402 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 13. Pretrial Motions|Part 4. Motion for Dismissal|46-13-402. Effect of order to dismiss

  46-13-402. Effect of order to dismiss. If the court directs the action to be dismissed, the defendant must, if in custody, be discharged and, if admitted to bail, have bail exonerated or money deposited instead of bail refunded to the defendant.   History: En. 95-1706 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 23, Ch. 184, L. 1977; R.C.M. 1947, 95-1706(2); amd. Sec. 179, Ch. 800, L. 1991; Sec. 46-13-106, MCA 1989; redes. 46-13-402 by Code Commissioner, 1991.
MT Code § 46-14-101 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 14. Mental Competency of Accused|Part 1. Relevance of Mental Disease or Disorder|46-14-101. Mental disease or disorder -- purpose -- definition

  46-14-101. Mental disease or disorder -- purpose -- definition. (1) The purpose of this section is to provide a legal standard of mental disease or disorder under which the information gained from examination of the defendant, pursuant to part 2 of this chapter, regarding a defendant's mental condition is applied. The court shall apply this standard:   (a) in any determination regarding:   (i) a defendant's fitness to proceed and stand trial;   (ii) whether the defendant had, at the time that the offense was committed, a particular state of mind that is an essential element of the offense; and   (b) at sentencing when a defendant has been convicted on a verdict of guilty or a plea of guilty or nolo contendere and claims that at the time of commission of the offense for which the defendant was convicted, the defendant was unable to appreciate the criminality of the defendant's behavior or to conform the defendant's behavior to the requirements of the law.   (2) (a) As used in this chapter, "mental disease or disorder" means an organic, mental, or emotional disorder that is manifested by a substantial disturbance in behavior, feeling, thinking, or judgment to such an extent that the person requires care, treatment, and rehabilitation.   (b) The term "mental disease or disorder" does not include but may co-occur with one or more of the following:   (i) an abnormality manifested only by repeated criminal or other antisocial behavior;   (ii) a developmental disability, as defined in 53-20-102;   (iii) drug or alcohol intoxication; or   (iv) drug or alcohol addiction.   History: En. 95-501 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 3, Ch. 184, L. 1977; R.C.M. 1947, 95-501; amd. Sec. 1, Ch. 713, L. 1979; amd. Sec. 149, Ch. 800, L. 1991; amd. Sec. 199, Ch. 42, L. 1997; amd. Sec. 1, Ch. 595, L. 2003; amd. Sec. 4, Ch. 209, L. 2013; amd. Sec. 10, Ch. 161, L. 2015.
MT Code § 46-14-102 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 14. Mental Competency of Accused|Part 1. Relevance of Mental Disease or Disorder|46-14-102. Evidence of mental disease or disorder or developmental disability admissible to prove state of mind

  46-14-102. Evidence of mental disease or disorder or developmental disability admissible to prove state of mind. Evidence that the defendant suffered from a mental disease or disorder or developmental disability is admissible to prove that the defendant did or did not have a state of mind that is an element of the offense.   History: En. 95-502 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-502; amd. Sec. 150, Ch. 800, L. 1991; amd. Sec. 1, Ch. 452, L. 2003; amd. Sec. 11, Ch. 161, L. 2015.
MT Code § 46-14-103 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 14. Mental Competency of Accused|Part 1. Relevance of Mental Disease or Disorder|46-14-103. Mental disease or disorder or developmental disability excluding fitness to proceed

  46-14-103. Mental disease or disorder or developmental disability excluding fitness to proceed. A person who, as a result of mental disease or disorder or developmental disability, is unable to understand the proceedings against the person or to assist in the person's own defense may not be tried, convicted, or sentenced for the commission of an offense so long as the incapacity endures.   History: En. 95-504 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-504; amd. Sec. 151, Ch. 800, L. 1991; amd. Sec. 2, Ch. 452, L. 2003; amd. Sec. 12, Ch. 161, L. 2015.
MT Code § 46-14-201 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 14. Mental Competency of Accused|Part 2. Procedure When Mental Disease or Disorder an Issue|46-14-201. Renumbered 46-14-214

  46-14-201. Renumbered 46-14-214. Code Commissioner, 1991.
MT Code § 46-14-203 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 14. Mental Competency of Accused|Part 2. Procedure When Mental Disease or Disorder an Issue|46-14-203. Renumbered 46-14-206

  46-14-203. Renumbered 46-14-206. Code Commissioner, 1991.
MT Code § 46-14-204 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 14. Mental Competency of Accused|Part 2. Procedure When Mental Disease or Disorder an Issue|46-14-204. Prosecution's right to examination

  46-14-204. Prosecution's right to examination. (1) When the defense discloses the report of the examination to the prosecution or files a notice of the intention to rely on a defense of mental disease or disorder, the prosecution is entitled to have the defendant examined by a qualified psychiatrist, licensed clinical psychologist, or advanced practice registered nurse.   (2) The report of the examination must be disclosed to the defense within 10 days of its receipt by the prosecution.   History: En. Sec. 153, Ch. 800, L. 1991; amd. Sec. 3, Ch. 303, L. 2001; amd. Sec. 14, Ch. 161, L. 2015.
MT Code § 46-14-205 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 14. Mental Competency of Accused|Part 2. Procedure When Mental Disease or Disorder an Issue|46-14-205. Access to defendant for examination

  46-14-205. Access to defendant for examination. If either the defendant or the prosecution wishes the defendant to be examined by a qualified psychiatrist, licensed clinical psychologist, or advanced practice registered nurse selected by the one proposing the examination in order to determine the defendant's fitness to proceed or whether the defendant had, at the time the offense was committed, a particular state of mind that is an essential element of the offense, the examiner must be permitted to have reasonable access to the defendant for the purpose of the examination.   History: En. 95-507 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 90, Ch. 120, L. 1974; amd. Sec. 4, Ch. 184, L. 1977; R.C.M. 1947, 95-507(2); amd. Sec. 5, Ch. 713, L. 1979; amd. Sec. 2, Ch. 127, L. 1987; amd. Sec. 154, Ch. 800, L. 1991; Sec. 46-14-212, MCA 1989; redes. 46-14-205 by Code Commissioner, 1991; amd. Sec. 4, Ch. 303, L. 2001.