reglab/housing_qa huggingface dataset:
MT Code § 46-11-103 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 1. Methods of Commencing Prosecution|46-11-103. through 46-11-109 reserved

  46-11-103 through 46-11-109 reserved.
MT Code § 46-11-110 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 1. Methods of Commencing Prosecution|46-11-110. Filing complaint

  46-11-110. Filing complaint. When a complaint is presented to a court charging a person with the commission of an offense, the court shall examine the sworn complaint or any affidavits, if filed, to determine whether probable cause exists to allow the filing of a charge.   History: En. Sec. 96, Ch. 800, L. 1991; amd. Sec. 14, Ch. 262, L. 1993.
MT Code § 46-11-111 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 1. Methods of Commencing Prosecution|46-11-111. Amending complaint

  46-11-111. Amending complaint. A court may allow a complaint to be amended under the same circumstances and in the same manner as an information as provided in 46-11-205.   History: En. Sec. 97, Ch. 800, L. 1991; amd. Sec. 52, Ch. 18, L. 1995.
MT Code § 46-11-201 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 2. Filing of Information|46-11-201. Leave to file information

  46-11-201. Leave to file information. (1) The prosecutor may apply directly to the district court for permission to file an information against a named defendant. If the defendant named is a district court judge, the prosecutor shall apply directly to the supreme court for leave to file the information.   (2) An application must be by affidavit supported by evidence that the judge or chief justice may require. If it appears that there is probable cause to believe that an offense has been committed by the defendant, the judge or chief justice shall grant leave to file the information, otherwise the application is denied.   (3) When leave to file an information has been granted, a warrant or summons may issue for the defendant's arrest or appearance.   (4) When leave is granted to file an information against a district court judge, the chief justice shall designate and direct a judge of the district court of another district to preside at the trial of the information and hear and determine all pleas and motions affecting the defendant under the information before and after judgment. All necessary records must be transferred to the clerk of the district court of the district in which the action arose.   History: En. 95-1301 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1301(a), (b); amd. Sec. 98, Ch. 800, L. 1991.
MT Code § 46-11-202 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 2. Filing of Information|46-11-202. Repealed

  46-11-202. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. 95-1301 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1301(c).
MT Code § 46-11-203 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 2. Filing of Information|46-11-203. Time for filing information

  46-11-203. Time for filing information. (1) After a finding of probable cause following a preliminary examination or waiver of a preliminary examination or after leave of court has been granted, the prosecutor shall file within 30 days in the proper district court an information charging the defendant with the offense or any other offense supported by probable cause.   (2) Unless good cause to the contrary is shown, the court shall dismiss the prosecution if an information is not filed within 30 days as required in subsection (1).   History: En. 95-1302 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1302; amd. Sec. 100, Ch. 800, L. 1991.
MT Code § 46-11-204 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 2. Filing of Information|46-11-204. Repealed

  46-11-204. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. 95-1303 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1303.
MT Code § 46-11-205 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 2. Filing of Information|46-11-205. Amending information as to substance or form

  46-11-205. Amending information as to substance or form. (1) The court may allow an information to be amended in matters of substance at any time, but not less than 5 days before trial, provided that a motion is filed in a timely manner, states the nature of the proposed amendment, and is accompanied by an affidavit stating facts that show the existence of probable cause to support the charge as amended. A copy of the proposed amended information must be included with the motion to amend the information.   (2) If the court grants leave to amend the information, the defendant must be arraigned on the amended information without unreasonable delay and must be given a reasonable period of time to prepare for trial on the amended information.   (3) The court may permit an information to be amended as to form at any time before a verdict or finding is issued if no additional or different offense is charged and if the substantial rights of the defendant are not prejudiced.   History: En. 95-1505 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 431, L. 1977; R.C.M. 1947, 95-1505; amd. Sec. 1, Ch. 62, L. 1981; amd. Sec. 99, Ch. 800, L. 1991; Sec. 46-11-403, MCA 1989; redes. 46-11-205 by Code Commissioner, 1991.
MT Code § 46-11-301 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 3. Grand Jury|46-11-301. Summoning grand jury

  46-11-301. Summoning grand jury. (1) A grand jury may only be drawn and summoned when the district judge, in the judge's discretion, considers a grand jury to be in the public interest and orders the grand jury to be drawn or summoned. The composition and drawing of a grand jury must be in accordance with the provisions of Title 3, chapter 15, part 6.   (2) The district judge may direct the selection of one or more alternate jurors, who shall sit as regular jurors before an indictment is found or a grand jury investigation is concluded. A member of the jury who becomes unable to perform the juror's duty may be replaced by an alternate.   History: En. 95-1401 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 3, L. 1973; R.C.M. 1947, 95-1401(part); amd. Sec. 101, Ch. 800, L. 1991; amd. Sec. 1743, Ch. 56, L. 2009.
MT Code § 46-11-302 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 3. Grand Jury|46-11-302. Challenges to grand jury or grand jurors

  46-11-302. Challenges to grand jury or grand jurors. (1) The prosecutor may challenge the panel of a grand jury on the ground that the grand jury was not selected, drawn, or summoned according to law and may challenge an individual juror on the ground that the juror is not legally qualified. Challenges must be made before the administration of the oath of the jurors, may be oral or in writing, and must be tried and decided by the court.   (2) At any time for cause shown, the district court may excuse or discharge a juror either temporarily or permanently, and in the latter event, the court may impanel another person in place of the juror discharged.   (3) A motion to dismiss the indictment may be based on the ground that the grand jury was not selected, drawn, or summoned according to law or that an individual juror was not legally qualified. An indictment may not be dismissed on the ground that one or more members are not legally qualified if it appears from the record kept pursuant to this part that eight or more jurors, after deducting those not legally qualified, concurred in finding the indictment.   History: En. 95-1402 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 2, Ch. 3, L. 1973; R.C.M. 1947, 95-1402; amd. Sec. 102, Ch. 800, L. 1991; amd. Sec. 15, Ch. 262, L. 1993.
MT Code § 46-11-303 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 3. Grand Jury|46-11-303. Lead juror

  46-11-303. Lead juror. The district court shall appoint one of the jurors to be lead juror. The lead juror has the power to administer oaths or affirmations and shall sign all indictments. The lead juror or another juror designated by the lead juror shall keep a record of the number of jurors concurring in the finding of every indictment and shall file the record with the clerk of court, but the record may not be made public except on order of the district court.   History: En. 95-1403 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1403; amd. Sec. 103, Ch. 800, L. 1991; amd. Sec. 1744, Ch. 56, L. 2009.
MT Code § 46-11-304 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 3. Grand Jury|46-11-304. Appointing special prosecutor

  46-11-304. Appointing special prosecutor. When the county attorney or attorney general is the subject of a grand jury investigation, the district court shall appoint a special prosecutor. If a special prosecutor is appointed, the county attorney's or attorney general's office may not participate in an official capacity, but staff members may appear as witnesses.   History: En. Sec. 104, Ch. 800, L. 1991.
MT Code § 46-11-305 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 3. Grand Jury|46-11-305. and 46-11-306 reserved

  46-11-305 and 46-11-306 reserved.
MT Code § 46-11-307 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 3. Grand Jury|46-11-307. Closed hearing

  46-11-307. Closed hearing. Subject to any right to an open hearing in contempt proceedings, the court shall order a hearing on matters affecting a grand jury proceeding to be closed. This requirement may not affect a defendant's discovery rights after the filing of the indictment.   History: En. Sec. 106, Ch. 800, L. 1991.
MT Code § 46-11-308 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 3. Grand Jury|46-11-308. Who may be present

  46-11-308. Who may be present. The prosecutor, witnesses, interpreters, and a stenographer or operator of a recording device used for the purpose of taking the evidence may be present while the grand jury is in session. No person other than the jurors may be present while the grand jury is deliberating or voting.   History: En. Sec. 111, Ch. 800, L. 1991.
MT Code § 46-11-309 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 3. Grand Jury|46-11-309. reserved

  46-11-309 reserved.
MT Code § 46-11-310 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 3. Grand Jury|46-11-310. Duties of grand jurors

  46-11-310. Duties of grand jurors. The grand jury shall inquire into those matters as directed by the court summoning the jury and shall inquire into other matters as presented by the prosecutor.   History: En. Sec. 107, Ch. 800, L. 1991.
MT Code § 46-11-311 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 3. Grand Jury|46-11-311. Charge to grand jury

  46-11-311. Charge to grand jury. When a grand jury is impaneled and sworn, it must be charged by the judge who summoned it. In making the charge, the district court shall instruct the jury as to its duties and the matters that jurors may consider. The prosecutor may bring additional matters before the grand jury that are consistent with the original charge or that are developed during the proceedings.   History: En. 95-1404 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1404(a); amd. Sec. 105, Ch. 800, L. 1991.
MT Code § 46-11-312 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 3. Grand Jury|46-11-312. Repealed

  46-11-312. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1404(part), 95-1405(a) thru (e).
MT Code § 46-11-313 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 3. Grand Jury|46-11-313. Subpoena of witnesses

  46-11-313. Subpoena of witnesses. (1) A subpoena requiring the attendance of a witness before the grand jury may be signed and issued by the county attorney, by the lead juror of the grand jury, or by the judge of the district court.   (2) The fees and mileage of witnesses subpoenaed pursuant to this section must be the same as those for witnesses in criminal actions.   (3) All provisions relating to subpoenas in criminal actions apply to subpoenas issued pursuant to this section, including the provisions of Title 46, chapter 15, part 1.   History: En. 95-1407 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 16, Ch. 184, L. 1977; R.C.M. 1947, 95-1407; amd. Sec. 108, Ch. 800, L. 1991; amd. Sec. 1745, Ch. 56, L. 2009.
MT Code § 46-11-314 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 3. Grand Jury|46-11-314. Reception of evidence

  46-11-314. Reception of evidence. In the investigation of a charge, the grand jury shall receive no other evidence than that given by witnesses produced and sworn before it or that furnished by legal evidence or the deposition of a witness.   History: En. 95-1408 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 17, Ch. 184, L. 1977; R.C.M. 1947, 95-1408(1), (2); amd. Sec. 109, Ch. 800, L. 1991.
MT Code § 46-11-315 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 3. Grand Jury|46-11-315. Advice and assistance to grand jury

  46-11-315. Advice and assistance to grand jury. (1) The grand jury may at all times ask the advice of the judge. Unless advice is asked, the judge may not be present during the sessions of the grand jury.   (2) The prosecutor may at all times appear before the grand jury for the purpose of giving information or advice relative to any matter cognizable by the grand jury and may interrogate witnesses before the grand jury whenever the prosecutor finds it necessary.   (3) Subject to the approval of the district court, the county attorney may employ a special prosecutor, investigators, interpreters, and experts at agreed-upon compensation to be first approved by the court.   History: En. 95-1406 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 15, Ch. 184, L. 1977; R.C.M. 1947, 95-1406(1) thru (4); amd. Sec. 110, Ch. 800, L. 1991.
MT Code § 46-11-316 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 3. Grand Jury|46-11-316. Recorded proceedings

  46-11-316. Recorded proceedings. (1) The grand jury shall either appoint a stenographer to take in shorthand the testimony of witnesses or the testimony must be taken by a recording device, but the record so made must include the testimony of all witnesses on that particular investigation.   (2) The stenographic reporter or operator of a recording device shall, within 30 days after an indictment has been found, certify and file with the clerk of the district court the shorthand notes or the recordings made and an original transcript of the notes or recordings.   (3) An unintentional failure of any recording to reproduce all or any portion of a proceeding may not affect the validity of the prosecution.   History: En. 95-1406 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 15, Ch. 184, L. 1977; R.C.M. 1947, 95-1406(5); amd. Sec. 112, Ch. 800, L. 1991.
MT Code § 46-11-317 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 3. Grand Jury|46-11-317. Secrecy of proceedings -- disclosure

  46-11-317. Secrecy of proceedings -- disclosure. (1) Disclosure of matters occurring before the grand jury other than its deliberations and the vote of any juror may be made to any prosecutor or investigator of this state and prosecutors or investigators from any other state or the federal government for use in the performance of the prosecutor's or investigator's duty.   (2) A grand juror, an interpreter, a stenographer, an operator of a recording device, a typist who transcribes recorded testimony, or the prosecutor may not disclose matters occurring before the grand jury except as otherwise permitted by Title 46. An obligation of secrecy may not be imposed on a person except in accordance with this section. A knowing violation of this section may be punishable as contempt of court.   (3) Disclosure otherwise prohibited by this section of matters occurring before the grand jury may be made:   (a) if directed by the district court prior to or in combination with a judicial proceeding;   (b) when permitted by the district court at the request of the defendant, upon a showing that grounds may exist for a motion to dismiss the indictment because of matters occurring before the grand jury; or   (c) when permitted by the district court, to a defendant pursuant to a proper discovery motion.   History: En. 95-1409 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1409; amd. Sec. 113, Ch. 800, L. 1991.
MT Code § 46-11-318 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 3. Grand Jury|46-11-318. Discharge of grand jury

  46-11-318. Discharge of grand jury. When the grand jury certifies the completion of business before it and the district court concurs, the grand jury must be discharged by the district court.   History: En. 95-1404 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1404(part); amd. Sec. 114, Ch. 800, L. 1991.
MT Code § 46-11-319 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 3. Grand Jury|46-11-319. Expenses of grand jury

  46-11-319. Expenses of grand jury. (1) Except as provided in subsection (2), all expenses of the grand jury, including expenses for special prosecutors, experts, investigators, and interpreters, if any, must be paid by the county. The treasurer of the county shall pay the expenses out of the general fund of the county or out of the district court fund, if any, upon warrants drawn by the county auditor or by the clerk of district court upon a written order of the judge of the district court of the county.   (2) The state shall pay the expenses of juror and witness fees and witness expenses as provided in 3-5-901 and 3-5-902.   History: En. 95-1405 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1405(f); amd. Sec. 4, Ch. 66, L. 1985; amd. Sec. 12, Ch. 680, L. 1985; amd. Sec. 115, Ch. 800, L. 1991; amd. Sec. 42, Ch. 585, L. 2001.
MT Code § 46-11-320 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 3. Grand Jury|46-11-320. through 46-11-330 reserved

  46-11-320 through 46-11-330 reserved.
MT Code § 46-11-331 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 3. Grand Jury|46-11-331. Finding indictment

  46-11-331. Finding indictment. (1) The grand jury shall find an indictment when all the evidence before it taken together would in its judgment warrant a conviction by a trial jury. An indictment may be found only upon the concurrence of at least eight grand jurors.   (2) If a complaint or information is pending against the defendant and eight jurors do not concur in finding an indictment, the lead juror shall report the decision to the district court judge.   History: (1)En. 95-1408 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 17, Ch. 184, L. 1977; Sec. 95-1408, R.C.M. 1947; (2)En. 95-1410 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 3, Ch. 3, L. 1973; Sec. 95-1410, R.C.M. 1947; R.C.M. 1947, 95-1408(3), 95-1410(a); amd. Sec. 116, Ch. 800, L. 1991; amd. Sec. 1746, Ch. 56, L. 2009.
MT Code § 46-11-332 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 3. Grand Jury|46-11-332. Presenting the indictment

  46-11-332. Presenting the indictment. (1) An indictment, when found by the grand jury, must be signed by and presented by the lead juror to the district court in the presence of the grand jury and must be filed with the clerk. The district court shall then issue an arrest warrant or summons for the defendant.   (2) If a complaint or information is pending against the defendant and eight jurors do not concur in finding an indictment, the lead juror shall report the decision to the district court judge.   History: En. 95-1410 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 3, Ch. 3, L. 1973; R.C.M. 1947, 95-1410(b); amd. Sec. 117, Ch. 800, L. 1991; amd. Sec. 16, Ch. 262, L. 1993; amd. Sec. 1747, Ch. 56, L. 2009.
MT Code § 46-11-333 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 3. Grand Jury|46-11-333. Repealed

  46-11-333. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. 95-1410 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 3, Ch. 3, L. 1973; R.C.M. 1947, 95-1410(c), (d).
MT Code § 46-11-401 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 4. The Charge|46-11-401. Form of charge

  46-11-401. Form of charge. (1) The charge must be in writing and in the name of the state or the appropriate county or municipality and must specify the court in which the charge is filed. The charge must be a plain, concise, and definite statement of the offense charged, including the name of the offense, whether the offense is a misdemeanor or felony, the name of the person charged, and the time and place of the offense as definitely as can be determined. The charge must state for each count the official or customary citation of the statute, rule, regulation, or other provision of law that the defendant is alleged to have violated.   (2) If the charge is by information or indictment, it must include endorsed on the information or indictment the names of the witnesses for the prosecution, if known.   (3) If the charge is by complaint, it must be signed by a sworn peace officer, under oath by a person having knowledge of the facts, or by the prosecutor.   (4) If the charge is by information, it must be signed by the prosecutor. If the charge is by indictment, it must be signed by the lead juror of the grand jury.   (5) The court, on motion of the defendant, may strike surplusage from an indictment or information.   (6) A charge may not be dismissed because of a formal defect that does not tend to prejudice a substantial right of the defendant.   History: En. 95-1503 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1503(a) thru (e); amd. Sec. 118, Ch. 800, L. 1991; amd. Sec. 17, Ch. 262, L. 1993; amd. Sec. 1, Ch. 389, L. 2001; amd. Sec. 1748, Ch. 56, L. 2009.
MT Code § 46-11-402 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 4. The Charge|46-11-402. Repealed

  46-11-402. Repealed. Sec. 263, Ch. 800, L. 1991.   History: En. 95-1503 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1503(f).
MT Code § 46-11-403 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 11. Commencement of Prosecution|Part 4. The Charge|46-11-403. Renumbered 46-11-205

  46-11-403. Renumbered 46-11-205. Code Commissioner, 1991.