reglab/housing_qa huggingface dataset:
MT Code § 46-16-401 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 4. Order of Trial|46-16-401. Order of trial

  46-16-401. Order of trial. (1) After the jury is sworn but before the introduction of any evidence, the court may give the jury general instructions concerning the conduct of the trial. The court shall give the jury such cautionary instructions as may be required during the course of the trial.   (2) The prosecutor may make an opening statement and shall offer evidence in support of the prosecution. The defendant may make an opening statement prior to the prosecutor's offer of evidence or at the close of the prosecution's case but prior to the defendant's offer of evidence.   (3) The prosecutor and the defendant may, respectively, offer rebutting testimony only. However, the court, for good cause, may permit either party to offer evidence upon the original case at any time before the close of evidence.   (4) Prior to final arguments, the court shall inform the parties as to the instructions that will be given and read them to the jury.   (5) A written copy of the instructions, both general and special, must be delivered to the jury for its consideration during deliberations following the final arguments.   History: En. 95-1910 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 18, Ch. 420, L. 1975; R.C.M. 1947, 95-1910; amd. Sec. 201, Ch. 800, L. 1991.
MT Code § 46-16-402 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 4. Order of Trial|46-16-402. When order may be departed from

  46-16-402. When order may be departed from. For good cause shown and in the discretion of the court, the order prescribed in 46-16-401 may be departed from.   History: En. 95-1911 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1911; amd. Sec. 202, Ch. 800, L. 1991.
MT Code § 46-16-403 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 4. Order of Trial|46-16-403. Evidence insufficient to go to jury

  46-16-403. Evidence insufficient to go to jury. When, at the close of the prosecution's evidence or at the close of all the evidence, the evidence is insufficient to support a finding or verdict of guilty, the court may, on its own motion or on the motion of the defendant, dismiss the action and discharge the defendant. However, prior to dismissal, the court may allow the case to be reopened for good cause shown.   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(9); amd. Sec. 203, Ch. 800, L. 1991.
MT Code § 46-16-404 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 4. Order of Trial|46-16-404. through 46-16-409 reserved

  46-16-404 through 46-16-409 reserved.
MT Code § 46-16-410 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 4. Order of Trial|46-16-410. Settlement of jury instructions

  46-16-410. Settlement of jury instructions. (1) Any party may request special jury instructions. All requests for instructions must conform to the Uniform District Court Rules, and all instructions must be settled by the court out of the presence of the jury.   (2) A record must be made at the settlement of instructions.   (3) A party may not assign as error any portion of the instructions or omission from the instructions unless an objection was made specifically stating the matter objected to, and the grounds for the objection, at the settlement of instructions.   (4) The presence of the defendant is not required during the settlement of instructions.   History: En. Sec. 204, Ch. 800, L. 1991.
MT Code § 46-16-501 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 5. Conduct of Jury|46-16-501. Conduct of jury during trial

  46-16-501. Conduct of jury during trial. (1) The jurors sworn to try an action may at any time, in the discretion of the court, be permitted to separate or be ordered to remain sequestered in the charge of a proper officer. If sequestered, the officer must be sworn to keep the jurors together, to allow no person to communicate with the jury or to personally communicate with the jury on any subject connected with the trial, and to return the jury into court as directed.   (2) Whether permitted to separate or sequestered, at each adjournment of the court, the jurors must be admonished that it is their duty not to converse among themselves or with anyone else on any subject connected with the trial or to form or express any opinion on the trial until the cause is finally submitted to them.   (3) In all cases appealed to the supreme court, it must be conclusively considered that the court or judge gave the proper admonition in accordance with the provision of subsection (2) unless the record affirmatively shows the contrary.   History: En. 95-1904, 95-1913 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1904(part), 95-1913(a), (e); amd. Sec. 205, Ch. 800, L. 1991.
MT Code § 46-16-502 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 5. Conduct of Jury|46-16-502. View of relevant place or property

  46-16-502. View of relevant place or property. When the court considers it proper that the jury view any place or personal property pertinent to the case, it will order the jury to be conducted in a body under the custody of the sheriff or bailiff to view the place or personal property in the presence of the court, the prosecutor, the defendant, and the defendant's counsel. The place or personal property will be shown them by a person appointed by the court for that purpose, and they may personally inspect the place or personal property. The sheriff or bailiff must be sworn to allow no person to speak or otherwise communicate with the jury or to personally communicate with the jury on any subject connected with the trial and to return them into the courtroom without unnecessary delay or at a specified time, as the court may direct.   History: En. 95-1912 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1912; amd. Sec. 206, Ch. 800, L. 1991.
MT Code § 46-16-503 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 5. Conduct of Jury|46-16-503. Conduct of jury after retirement -- advice from court

  46-16-503. Conduct of jury after retirement -- advice from court. (1) When the jury retires to consider its verdict, an officer of the court must be appointed to keep the jurors together and to prevent conversations between the jurors and others.   (2) After the jury has retired for deliberation, if there is any disagreement among the jurors as to the testimony or if the jurors desire to be informed on any point of law arising in the cause, they shall notify the officer appointed to keep them together, who shall then notify the court. The information requested may be given, in the discretion of the court, after consultation with the parties.   History: En. 95-1913 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1913(b), (d); amd. Sec. 18, Ch. 116, L. 1979; amd. Sec. 207, Ch. 800, L. 1991.
MT Code § 46-16-504 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 5. Conduct of Jury|46-16-504. Items that may be taken into jury room

  46-16-504. Items that may be taken into jury room. Upon retiring for deliberation, the jurors may take with them the written jury instructions read by the court, notes of the proceedings taken by themselves, and all exhibits that have been received as evidence in the cause that in the opinion of the court will be necessary.   History: En. 95-1913 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1913(c); amd. Sec. 208, Ch. 800, L. 1991.
MT Code § 46-16-505 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 5. Conduct of Jury|46-16-505. Activity of court during jury's absence

  46-16-505. Activity of court during jury's absence. While the jury is absent, the court may adjourn or conduct other business, but it must be open for every purpose connected with the cause submitted to the jury until a verdict is returned or the jury discharged.   History: En. 95-1914 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1914; amd. Sec. 209, Ch. 800, L. 1991.
MT Code § 46-16-601 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 6. Verdict -- Disposition of Defendant|46-16-601. Renumbered 46-16-204

  46-16-601. Renumbered 46-16-204. Code Commissioner, 1991.
MT Code § 46-16-602 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 6. Verdict -- Disposition of Defendant|46-16-602. Renumbered 46-16-606

  46-16-602. Renumbered 46-16-606. Code Commissioner, 1991.
MT Code § 46-16-603 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 6. Verdict -- Disposition of Defendant|46-16-603. Form of verdict

  46-16-603. Form of verdict. (1) The jury shall return a verdict as instructed by the court. The verdict must be unanimous in all criminal actions. The verdict must be signed by the lead juror and returned by the jury to the judge in open court.   (2) If there are two or more defendants, the jury, at any time during its deliberations, may return a verdict or verdicts with respect to a defendant or defendants as to whom it has agreed. If the jury cannot agree with respect to all, the defendant or defendants as to whom it does not agree may be tried again.   History: Ap. p. Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 131, L. 1974; amd. Sec. 28, Ch. 184, L. 1977; Sec. 95-1909, R.C.M. 1947; Ap. p. Sec. 1, Ch. 196, L. 1967; Sup. Ct. Ord. 11450-2-3-4, Oct. 10, 1968, eff. Dec. 1, 1968; amd. Sec. 2, Ch. 4, L. 1973; amd. Sec. 29, Ch. 184, L. 1977; Sec. 95-1915, R.C.M. 1947; R.C.M. 1947, 95-1909(8), 95-1915(1) thru (3); amd. Sec. 210, Ch. 800, L. 1991; amd. Sec. 1751, Ch. 56, L. 2009.
MT Code § 46-16-604 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 6. Verdict -- Disposition of Defendant|46-16-604. Poll of jury

  46-16-604. Poll of jury. When a verdict is returned, the jury shall be polled at the request of any party or upon the court's own motion. If upon the poll there is not the required concurrence, the jury may be directed to retire for further deliberations or may be discharged.   History: En. 95-1915 by Sec. 1, Ch. 196, L. 1967; Sup. Ct. Ord. 11450-2-3-4, Oct. 10, 1968, eff. Dec. 1, 1968; amd. Sec. 2, Ch. 4, L. 1973; amd. Sec. 29, Ch. 184, L. 1977; R.C.M. 1947, 95-1915(4).
MT Code § 46-16-605 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 6. Verdict -- Disposition of Defendant|46-16-605. Verdict of not guilty -- when defendant discharged

  46-16-605. Verdict of not guilty -- when defendant discharged. If a verdict of not guilty is returned and the defendant is not detained for any other legal cause, the defendant must be discharged as soon as the judgment is given.   History: En. 95-1916 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1916; amd. Sec. 211, Ch. 800, L. 1991.
MT Code § 46-16-606 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 6. Verdict -- Disposition of Defendant|46-16-606. Reasonable doubt as to which offense convicts only of least offense

  46-16-606. Reasonable doubt as to which offense convicts only of least offense. When it appears beyond a reasonable doubt that the defendant has committed an offense but there is reasonable doubt as to whether the defendant is guilty of a given offense or one or more lesser included offenses, the defendant may only be convicted of the greatest included offense about which there is no reasonable doubt.   History: En. Sec. 186, p. 245, Bannack Stat.; re-en. Sec. 307, p. 237, Cod. Stat. 1871; re-en. Sec. 308, 3d Div. Comp. Stat. 1887; en. Sec. 2073, Pen. C. 1895; re-en. Sec. 9274, Rev. C. 1907; re-en. Sec. 11972, R.C.M. 1921; Cal. Pen. C. Sec. 1097; re-en. Sec. 11972, R.C.M. 1935; Sec. 94-7204, R.C.M. 1947; redes. 95-2902 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 48, Ch. 184, L. 1977; R.C.M. 1947, 95-2902; Sec. 46-16-602, MCA 1989; redes. 46-16-606 by Code Commissioner, 1991; amd. Sec. 1752, Ch. 56, L. 2009.
MT Code § 46-16-607 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 6. Verdict -- Disposition of Defendant|46-16-607. Conviction of lesser included offense

  46-16-607. Conviction of lesser included offense. (1) The defendant may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included in the offense charged.   (2) A lesser included offense instruction must be given when there is a proper request by one of the parties and the jury, based on the evidence, could be warranted in finding the defendant guilty of a lesser included offense.   (3) When a lesser included offense instruction is given, the court shall instruct the jury that it must reach a verdict on the crime charged before it may proceed to a lesser included offense. Upon request of the defendant at the settling of instructions, the court shall instruct the jury that it may consider the lesser included offense if it is unable after reasonable effort to reach a verdict on the greater offense.   History: En. Sec. 212, Ch. 800, L. 1991.
MT Code § 46-16-701 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 7. Motion for a New Trial|46-16-701. Effect of new trial

  46-16-701. Effect of new trial. The granting of a new trial places the parties in the same position as if there had been no trial.   History: En. 95-2101 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 35, Ch. 184, L. 1977; R.C.M. 1947, 95-2101(1); amd. Sec. 213, Ch. 800, L. 1991.
MT Code § 46-16-702 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 16. Trial|Part 7. Motion for a New Trial|46-16-702. Motion for a new trial

  46-16-702. Motion for a new trial. (1) Following a verdict or finding of guilty, the court may grant the defendant a new trial if required in the interest of justice. A new trial may be ordered by the court without a motion or may be granted after motion and hearing.   (2) The motion for a new trial must be in writing and must specify the grounds for a new trial. The motion must be filed by the defendant within 30 days following a verdict or finding of guilty and be served upon the prosecution.   (3) On hearing the motion for a new trial, if justified by law and the weight of the evidence, the court may:   (a) deny the motion;   (b) grant a new trial; or   (c) modify or change the verdict or finding by finding the defendant guilty of a lesser included offense or finding the defendant not guilty.   History: En. 95-2101 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 35, Ch. 184, L. 1977; R.C.M. 1947, 95-2101(2); amd. Sec. 19, Ch. 116, L. 1979; amd. Sec. 214, Ch. 800, L. 1991; amd. Sec. 1, Ch. 301, L. 1999.
MT Code § 46-17-101 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 17. Lower Court Proceedings|Part 1. Preliminary Matters -- Justices' and City Courts|46-17-101. Repealed

  46-17-101. Repealed. Sec. 49, Ch. 262, L. 1993.   History: En. 95-2001 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2001; amd. Sec. 2, Ch. 62, L. 1981.
MT Code § 46-17-102 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 17. Lower Court Proceedings|Part 1. Preliminary Matters -- Justices' and City Courts|46-17-102. Record of proceedings

  46-17-102. Record of proceedings. A docket must be kept by the justice of the peace or city judge, in which must be entered each action and the proceedings of the court therein.   History: En. 95-2002 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-2002.
MT Code § 46-17-103 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 17. Lower Court Proceedings|Part 1. Preliminary Matters -- Justices' and City Courts|46-17-103. Repealed

  46-17-103. Repealed. Sec. 49, Ch. 262, L. 1993.   History: En. 95-2003 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 19, Ch. 420, L. 1975; R.C.M. 1947, 95-2003.
MT Code § 46-17-201 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 17. Lower Court Proceedings|Part 2. The Trial -- Justices' and City Courts|46-17-201. Juries in misdemeanor cases

  46-17-201. Juries in misdemeanor cases. (1) The parties in a misdemeanor case are entitled to a jury of six qualified persons but may agree to a number less than six at any time before the verdict.   (2) Upon consent of the parties, a trial by jury may be waived.   History: En. 95-2004 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 30, Ch. 184, L. 1977; R.C.M. 1947, 95-2004(1); amd. Sec. 215, Ch. 800, L. 1991; amd. Sec. 2, Ch. 7, L. 1995; amd. Sec. 2, Ch. 129, L. 1997; amd. Sec. 2, Ch. 346, L. 1999.
MT Code § 46-17-202 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 17. Lower Court Proceedings|Part 2. The Trial -- Justices' and City Courts|46-17-202. Formation of trial jury for justices', municipal, and city courts

  46-17-202. Formation of trial jury for justices', municipal, and city courts. (1) At the time of preparing the district court jury list under 3-15-404(6), the clerk of the district court shall prepare a jury list for each justice's, municipal, and city court within the county. Each list must consist of residents of the appropriate county, city, or town. The lists must be selected in any reasonable manner that ensures fairness, and each list must include a number of names sufficient to meet the annual jury requirements of the respective court. Additional lists may be prepared if required. The lists must be filed in the office of the clerk of the district court as provided in 3-15-403. The appropriate list must be posted in a public place in each county, city, or town, and the list must comprise the trial jury list for the ensuing year for the county, city, or town.   (2) Trial jurors must be summoned from the jury list by notifying each one orally that the person is summoned and of the time and place at which attendance is required.   History: En. 95-2005 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. 420, L. 1975; amd. Sec. 31, Ch. 184, L. 1977; R.C.M. 1947, 95-2005; amd. Sec. 18, Ch. 379, L. 1983; amd. Sec. 216, Ch. 800, L. 1991; amd. Sec. 7, Ch. 441, L. 2003; amd. Sec. 4, Ch. 133, L. 2007.
MT Code § 46-17-203 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 17. Lower Court Proceedings|Part 2. The Trial -- Justices' and City Courts|46-17-203. Plea of guilty -- use of two-way electronic audio-video communication

  46-17-203. 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) (a) Subject to subsection (2)(b), a plea of guilty or nolo contendere in a justice's court, city court, or other court of limited jurisdiction waives the right of trial de novo in district court. A defendant must be informed of the waiver before the plea is accepted, and the justice or judge shall question the defendant to ensure that the plea and waiver are entered voluntarily.   (b) A defendant who claims that a plea of guilty or nolo contendere was not entered voluntarily may move to withdraw the plea. If the motion to withdraw is denied, the defendant may, within 90 days of the denial of the motion, appeal the denial of a motion to withdraw the plea to district court. The district court may order the office of state public defender, provided for in 2-15-1029, to assign counsel pursuant to the Montana Public Defender Act, Title 47, chapter 1, hold a hearing, and enter appropriate findings of fact, conclusions of law, and a decision affirming or reversing the denial of the defendant's motion to withdraw the plea by the court of limited jurisdiction. The district court may remand the case. The defendant may not appeal the decision of the district court.   (3) For purposes of this section, in cases in which the defendant is charged with a misdemeanor offense, 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 observed and heard in the courtroom by all present, 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. The audio-video communication must operate as provided in 46-12-201.   History: En. 95-2004 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 30, Ch. 184, L. 1977; R.C.M. 1947, 95-2004(2); amd. Sec. 3, Ch. 277, L. 1989; amd. Sec. 3, Ch. 163, L. 1997; amd. Sec. 17, Ch. 395, L. 1999; amd. Sec. 1, Ch. 354, L. 2003; amd. Sec. 50, Ch. 449, L. 2005; amd. Sec. 2, Ch. 144, L. 2013; amd. Sec. 17, Ch. 358, L. 2017; amd. Sec. 2, Ch. 430, L. 2019.
MT Code § 46-17-204 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 17. Lower Court Proceedings|Part 2. The Trial -- Justices' and City Courts|46-17-204. Repealed

  46-17-204. Repealed. Sec. 49, Ch. 262, L. 1993.   History: En. 95-2004 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 30, Ch. 184, L. 1977; R.C.M. 1947, 95-2004(4).
MT Code § 46-17-205 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 17. Lower Court Proceedings|Part 2. The Trial -- Justices' and City Courts|46-17-205. Repealed

  46-17-205. Repealed. Sec. 49, Ch. 262, L. 1993.   History: En. 95-2004 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 30, Ch. 184, L. 1977; R.C.M. 1947, 95-2004(3).
MT Code § 46-17-206 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 17. Lower Court Proceedings|Part 2. The Trial -- Justices' and City Courts|46-17-206. through 46-17-210 reserved

  46-17-206 through 46-17-210 reserved.
MT Code § 46-17-211 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 17. Lower Court Proceedings|Part 2. The Trial -- Justices' and City Courts|46-17-211. Repealed

  46-17-211. Repealed. Sec. 49, Ch. 262, L. 1993.   History: En. 95-2006 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 3, Ch. 4, L. 1973; rep. and re-en. 95-2006 by Sec. 30, Ch. 513, L. 1973; amd. Sec. 32, Ch. 184, L. 1977; R.C.M. 1947, 95-2006.
MT Code § 46-17-301 (2021)
2021 Montana Code Annotated|Title 46. Criminal Procedure|Chapter 17. Lower Court Proceedings|Part 3. Procedure After Trial -- Justices' and City Courts|46-17-301. Repealed

  46-17-301. Repealed. Sec. 49, Ch. 262, L. 1993.   History: En. 95-2007 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 348, L. 1973; amd. Sec. 33, Ch. 184, L. 1977; R.C.M. 1947, 95-2007.