reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 6. Ensuring Availability of Material Witness Preserving Testimony › 46-11-601. Recognizance by or deposition of witness

46-11-601. Recognizance by or deposition of witness.
(1) If the defendant is held to answer after a preliminary examination, after the defendant has waived a preliminary examination, after the district court has granted leave to file an information, or after an indictment has been returned, the judge may:
(a) require any material witness for the state or defendant to enter into a written undertaking to appear at the trial; and
(b) provide for the forfeiture of a sum certain in the event the witness does not appear at the trial.
(2) Any witness who refuses to enter into a written undertaking may be remanded to custody but may not be held longer than is necessary to take the witness's deposition. After the deposition is taken, the witness must be immediately discharged.
(3) The deposition must be taken in the presence of the prosecutor and the defendant and the defendant's counsel unless either the prosecutor or the defendant and the defendant's counsel fail to attend after reasonable notice of the time and place set for taking the deposition.
History: En. 95-1204 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1204; amd. Sec. 19, Ch. 262, L. 1993.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 11. Commencement of Prosecution › Part 8. Prosecutorial Immunity (Repealed) › 46-11-801. Repealed

46-11-801. Repealed.
Sec. 3, Ch. 7, L. 2019.
History: En. Sec. 1, Ch. 401, L. 2017.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 12. Arraignment of Defendant › Part 1. General Provisions › 46-12-101. Repealed

46-12-101. Repealed.
Sec. 263, Ch. 800, L. 1991.
History: En. 95-1601 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1601.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 12. Arraignment of Defendant › Part 1. General Provisions › 46-12-102. Place of arraignment

46-12-102. Place of arraignment.
The defendant must be arraigned in the court that has trial jurisdiction of the charge.
History: En. 95-1602 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1602; amd. Sec. 130, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 12. Arraignment of Defendant › Part 1. General Provisions › 46-12-103. Repealed

46-12-103. Repealed.
Sec. 263, Ch. 800, L. 1991.
History: En. 95-1603 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1603; amd. Sec. 5, Ch. 710, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 12. Arraignment of Defendant › Part 1. General Provisions › 46-12-104. Bringing defendant into court

46-12-104. Bringing defendant into court.
The court may direct any official who has custody of the defendant to bring the defendant before the court to be arraigned.
History: En. 95-1604 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1604; amd. Sec. 1749, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 12. Arraignment of Defendant › Part 1. General Provisions › 46-12-105. Joint defendants

46-12-105. Joint defendants.
Defendants who are jointly charged may be arraigned separately or together in the discretion of the court.
History: En. 95-1605 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1605.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 12. Arraignment of Defendant › Part 2. Procedure on Arraignment › 46-12-201. Manner of conducting arraignment -- use of two-way electronic audio-video communication -- exception

46-12-201. Manner of conducting arraignment -- use of two-way electronic audio-video communication -- exception.
(1) Arraignment must be conducted in open court and must consist of reading the charge to the defendant or stating to the defendant the substance of the charge and calling on the defendant to plead to the charge. The defendant must be given a copy of the charging document before being called upon to plead. For purposes of this chapter, an arraignment that is conducted by 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 to be seen, is considered to be an arraignment in open court.
(2) The court shall inquire of the defendant or the defendant's counsel the defendant's true name, and if the defendant's true name is given as any other than that used in the charge, the court shall order the defendant's name to be substituted for the name under which the defendant is charged.
(3) The court shall determine whether the defendant is under any disability that would prevent the court, in its discretion, from proceeding with the arraignment. The arraignment may be continued until the court determines the defendant is able to proceed.
(4) Whenever the law requires that a defendant in a misdemeanor or felony case be taken before a court for an arraignment, this requirement may be satisfied by two-way electronic audio-video communication 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 so that the defendant and the judge can see each other simultaneously and converse with each other, so that the defendant and the defendant's counsel, if any, can communicate privately, and so that the defendant and the defendant's counsel are both physically present in the same place during the two-way electronic audio-video communication. The defendant may waive the requirement that the defendant's counsel be in the defendant's physical presence during the two-way electronic audio-video communication.
(5) A judge may order a defendant's physical appearance in court for arraignment. In a felony case, a judge may not accept a plea of guilty or nolo contendere from a defendant unless the defendant is physically present in the courtroom or is appearing before the court by means of two-way electronic audio-video communication.
History: En. 95-1606 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1606(a), (b), (c); amd. Sec. 6, Ch. 710, L. 1991; amd. Sec. 131, Ch. 800, L. 1991; amd. Sec. 7, Ch. 395, L. 1999; amd. Sec. 1, Ch. 222, L. 2005.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 12. Arraignment of Defendant › Part 2. Procedure on Arraignment › 46-12-203. Time allowed to answer

46-12-203. Time allowed to answer.
If on the arraignment the defendant requires it, the defendant must be allowed a reasonable time, not less than 1 day, to answer or otherwise plead to the indictment, information, or complaint. The answer may include appropriate pretrial motions.
History: En. 95-1607 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1607; amd. Sec. 1750, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 12. Arraignment of Defendant › Part 2. Procedure on Arraignment › 46-12-204. Plea alternatives

46-12-204. Plea alternatives.
(1) A defendant may plead guilty, not guilty, or, with the consent of the court and the prosecutor, nolo contendere. If a defendant refuses to plead or if a defendant corporation fails to appear, the court shall enter a plea of not guilty.
(2) The court may not accept a plea of guilty or nolo contendere without first determining that the plea is voluntary and not the result of force or threats or of promises apart from the plea agreement. The court shall also inquire as to whether the defendant's willingness to plead guilty or nolo contendere results from prior discussions between the prosecutor and the defendant or the defendant's attorney.
(3) With the approval of the court and the consent of the prosecutor, a defendant may enter a plea of guilty or nolo contendere, reserving the right, on appeal from the judgment, to review the adverse determination of any specified pretrial motion. If the defendant prevails on appeal, the defendant must be allowed to withdraw the plea.
(4) The court may not accept a plea of nolo contendere in a case involving a sexual offense, as defined in 46-23-502, except an offense under 45-5-301 through 45-5-303.
History: En. 95-1606 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1606(part); amd. Sec. 2, Ch. 606, L. 1985; amd. Sec. 132, Ch. 800, L. 1991; amd. Sec. 8, Ch. 395, L. 1999; amd. Sec. 1, Ch. 22, Sp. L. August 2002.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 12. Arraignment of Defendant › Part 2. Procedure on Arraignment › 46-12-205. Record of arraignment

46-12-205. Record of arraignment.
The court must prepare and keep a written record of all arraignment proceedings. In district courts a verbatim record of all arraignment proceedings must be made, preserved, and filed with the court.
History: En. 95-1606 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1606(f).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 12. Arraignment of Defendant › Part 2. Procedure on Arraignment › 46-12-210. Advice to defendant

46-12-210. Advice to defendant.
(1) Before accepting a plea of guilty or nolo contendere, the court shall determine that the defendant understands the following:
(a) (i) the nature of the charge for which the plea is offered;
(ii) the mandatory minimum penalty provided by law, if any;
(iii) the maximum penalty provided by law, including the effect of any penalty enhancement provision or special parole restriction; and
(iv) when applicable, the requirement that the court may also order the defendant to make restitution of the costs and assessments provided by law;
(b) if the defendant is not represented by an attorney, the fact that the defendant has the right to be represented by an attorney at every stage of the proceeding and that, if necessary, an attorney will be assigned pursuant to the Montana Public Defender Act, Title 47, chapter 1, to represent the defendant;
(c) that the defendant has the right:
(i) to plead not guilty or to persist in that plea if it has already been made;
(ii) to be tried by a jury and at the trial has the right to the assistance of counsel;
(iii) to confront and cross-examine witnesses against the defendant; and
(iv) not to be compelled to reveal personally incriminating information;
(d) that if the defendant pleads guilty or nolo contendere in fulfillment of a plea agreement, the court is not required to accept the terms of the agreement and that the defendant may not be entitled to withdraw the plea if the agreement is not accepted pursuant to 46-12-211;
(e) that if the defendant's plea of guilty or nolo contendere is accepted by the courts, there will not be a further trial of any kind, so that by pleading guilty or nolo contendere the defendant waives the right to a trial; and
(f) that if the defendant is not a United States citizen, a guilty or nolo contendere plea might result in deportation from or exclusion from admission to the United States or denial of naturalization under federal law.
(2) The requirements of subsection (1) may be accomplished by the defendant filing a written acknowledgment of the information contained in subsection (1).
History: En. 95-1606 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1606(part); amd. Sec. 1, Ch. 606, L. 1985; amd. Sec. 1, Ch. 73, L. 1991; amd. Sec. 133, Ch. 800, L. 1991; Sec. 46-12-202, MCA 1989; redes. 46-12-210 by Code Commissioner, 1991; amd. Sec. 21, Ch. 262, L. 1993; amd. Sec. 9, Ch. 395, L. 1999; amd. Sec. 45, Ch. 449, L. 2005.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 12. Arraignment of Defendant › Part 2. Procedure on Arraignment › 46-12-211. Plea agreement procedure -- use of two-way electronic audio-video communication

46-12-211. Plea agreement procedure -- use of two-way electronic audio-video communication.
(1) The prosecutor and the attorney for the defendant, or the defendant when acting pro se, may engage in discussions with a view toward reaching an agreement that, upon the entering of a plea of guilty or nolo contendere to a charged offense or to a lesser or related offense, the prosecutor will do any of the following:
(a) move for dismissal of other charges;
(b) agree that a specific sentence is the appropriate disposition of the case; or
(c) make a recommendation, or agree not to oppose the defendant's request, for a particular sentence, with the understanding that the recommendation or request may not be binding upon the court.
(2) Subject to the provisions of subsection (5), if a plea agreement has been reached by the parties, the court shall, on the record, require a disclosure of the agreement in open court or, on a showing of good cause in camera, at the time that the plea is offered. If the agreement is of the type specified in subsection (1)(a) or (1)(b), the court may accept or reject the agreement or may defer its decision as to the acceptance or rejection until there has been an opportunity to consider a presentence report, if requested by the court pursuant to 46-18-111. If the agreement is of the type specified in subsection (1)(c), the court shall advise the defendant that, if the court does not accept the recommendation or request, the defendant nevertheless has no right to withdraw the plea.
(3) If the court accepts a plea agreement, the court shall inform the defendant that it will embody in the judgment and sentence the disposition provided for in the plea agreement.
(4) If the court rejects a plea agreement of the type specified in subsection (1)(a) or (1)(b), the court shall, on the record, inform the parties of this fact and advise the defendant that the court is not bound by the plea agreement, afford the defendant an opportunity to withdraw the plea, and advise the defendant that if the defendant persists in the guilty or nolo contendere plea, the disposition of the case may be less favorable to the defendant than that contemplated by the plea agreement.
(5) For purposes of this section, a disclosure of the agreement 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 a disclosure 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. Sec. 134, Ch. 800, L. 1991; amd. Sec. 22, Ch. 262, L. 1993; amd. Sec. 1, Ch. 163, L. 1997; amd. Sec. 10, Ch. 395, L. 1999; amd. Sec. 2, Ch. 222, L. 2005; amd. Sec. 10, Ch. 456, L. 2019.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 12. Arraignment of Defendant › Part 2. Procedure on Arraignment › 46-12-212. Determining accuracy of plea

46-12-212. Determining accuracy of plea.
(1) The court may not accept a guilty plea without determining that there is a factual basis for the plea in charges of felonies or misdemeanors resulting in incarceration.
(2) A defendant who is unwilling to admit to any element of the offense that would provide a factual basis for a plea of guilty may, with the consent of the court, enter a plea of guilty or may, with the consent of the court and the prosecutor, enter a plea of nolo contendere to the offense if the defendant considers the plea to be in the defendant's best interest and the court determines that there is a factual basis for the plea.
History: En. Sec. 135, Ch. 800, L. 1991; amd. Sec. 11, Ch. 395, L. 1999.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 12. Arraignment of Defendant › Part 2. Procedure on Arraignment › 46-12-213. Harmless error

46-12-213. Harmless error.
Any variance from the procedure required by 46-12-211 that does not affect the substantial rights of the defendant must be disregarded.
History: En. 95-1608 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1608; amd. Sec. 136, Ch. 800, L. 1991; Sec. 46-12-206, MCA 1989; redes. 46-12-213 by Code Commissioner, 1991.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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 or a persistent felony offender under supervision, 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; amd. Sec. 2, Ch. 649, L. 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 14. Mental Competency of Accused › Part 2. Procedure When Mental Disease or Disorder an Issue › 46-14-206. Report of examination

46-14-206. Report of examination.
(1) A report of the examination must include the following:
(a) a description of the nature of the examination;
(b) a diagnosis of the mental condition of the defendant, including an opinion as to whether the defendant suffers from a mental disorder, as defined in 53-21-102, and may require commitment or is seriously developmentally disabled, as defined in 53-20-102;
(c) if the defendant suffers from a mental disease or disorder or developmental disability, an opinion as to the defendant's capacity to understand the proceedings against the defendant and to assist in the defendant's own defense;
(d) when directed by the court, an opinion as to the capacity of the defendant to have a particular state of mind that is an element of the offense charged; and
(e) when directed by the court, an opinion as to the capacity of the defendant, because of a mental disease or disorder or developmental disability, to appreciate the criminality of the defendant's behavior or to conform the defendant's behavior to the requirement of the law.
(2) If the examination cannot be conducted by reason of the unwillingness of the defendant to participate in the examination, the report must state that fact and must include, if possible, an opinion as to whether the unwillingness of the defendant was the result of the mental disease or disorder or developmental disability.
History: En. 95-505 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 88, Ch. 120, L. 1974; R.C.M. 1947, 95-505(3) thru (5); amd. Sec. 4, Ch. 713, L. 1979; amd. Sec. 155, Ch. 800, L. 1991; Sec. 46-14-203, MCA 1989; redes. 46-14-206 by Code Commissioner, 1991; amd. Sec. 1, Ch. 397, L. 1993; amd. Sec. 12, Ch. 490, L. 1997; amd. Sec. 3, Ch. 452, L. 2003; amd. Sec. 15, Ch. 161, L. 2015.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 14. Mental Competency of Accused › Part 2. Procedure When Mental Disease or Disorder an Issue › 46-14-211. Repealed

46-14-211. Repealed.
Sec. 15, Ch. 713, L. 1979.
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(1).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 14. Mental Competency of Accused › Part 2. Procedure When Mental Disease or Disorder an Issue › 46-14-213. Psychiatric or psychological testimony upon trial

46-14-213. Psychiatric or psychological testimony upon trial.
(1) Upon trial, any psychiatrist, licensed clinical psychologist, or advanced practice registered nurse who reported under 46-14-202 or 46-14-206 may be called as a witness by the prosecutor or by the defense. Both the prosecution and the defense may summon any other qualified psychiatrist, licensed clinical psychologist, or advanced practice registered nurse to testify, but only a person who has examined the defendant is competent to testify to an expert opinion with respect to the mental condition of the defendant, as distinguished from the validity of the procedure followed by or the general scientific propositions stated by another witness.
(2) When a psychiatrist, licensed clinical psychologist, or advanced practice registered nurse who has examined the defendant testifies concerning the defendant's mental condition, the psychiatrist, licensed clinical psychologist, or advanced practice registered nurse may make a statement as to the nature of the examination and the medical or psychological diagnosis of the mental condition of the defendant. The expert may make any explanation reasonably serving to clarify the expert's examination and diagnosis, and the expert may be cross-examined as to any matter bearing on the expert's competency or credibility or the validity of the expert's examination or medical or psychological diagnosis. A psychiatrist, licensed clinical psychologist, or advanced practice registered nurse may not offer an opinion to the jury on the ultimate issue of whether the defendant did or did not have a particular state of mind that is an element of the offense charged.
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(3), (4); amd. Sec. 6, Ch. 713, L. 1979; amd. Sec. 3, Ch. 361, L. 1983; amd. Sec. 3, Ch. 127, L. 1987; amd. Sec. 156, Ch. 800, L. 1991; amd. Sec. 5, Ch. 303, L. 2001.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 14. Mental Competency of Accused › Part 2. Procedure When Mental Disease or Disorder an Issue › 46-14-214. Form of verdict and judgment -- determination of maximum period of confinement -- victim findings

46-14-214. Form of verdict and judgment -- determination of maximum period of confinement -- victim findings.
(1) When the defendant is found not guilty of the charged offense or offenses or any lesser included offense for the reason that due to a mental disease or disorder the defendant did not have a particular state of mind that is an essential element of the offense charged, the verdict and the judgment must state that reason.
(2) The court shall determine on the record the charged offense or offenses or any lesser included offense for which the person otherwise may have been convicted and the maximum sentence that the defendant may have received. If there is more than one offense charged, the maximum sentence is limited to the longest single sentence from all charged offenses.
(3) The court shall make specific findings regarding whether there is a victim of the crime for which the defendant is found not guilty and, if so, whether the victim wishes to be notified of any conditional release, discharge, or escape of the defendant.
History: En. 95-503 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-503; amd. Sec. 2, Ch. 713, L. 1979; amd. Sec. 1, Ch. 593, L. 1981; amd. Sec. 157, Ch. 800, L. 1991; Sec. 46-14-201, MCA 1989; redes. 46-14-214 by Code Commissioner, 1991; amd. Sec. 1, Ch. 164, L. 2003; amd. Sec. 16, Ch. 161, L. 2015.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 14. Mental Competency of Accused › Part 2. Procedure When Mental Disease or Disorder an Issue › 46-14-217. Admissibility of statements made during examination or treatment

46-14-217. Admissibility of statements made during examination or treatment.
A statement made for the purposes of psychiatric or psychological examination or treatment provided for in this section by a person subjected to examination or treatment is not admissible in evidence against the person at trial on any issue other than that of the person's mental condition. It is admissible on the issue of the person's mental condition, whether or not it would otherwise be considered a privileged communication, only when and after the defendant presents evidence that due to a mental disease or disorder the defendant did not have a particular state of mind that is an element of the offense charged.
History: En. 95-509 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 5, Ch. 184, L. 1977; R.C.M. 1947, 95-509; amd. Sec. 13, Ch. 713, L. 1979; amd. Sec. 158, Ch. 800, L. 1991; Sec. 46-14-401, MCA 1989; redes. 46-14-217 by Code Commissioner, 1991; amd. Sec. 17, Ch. 161, L. 2015.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 14. Mental Competency of Accused › Part 2. Procedure When Mental Disease or Disorder an Issue › 46-14-222. Proceedings if fitness regained

46-14-222. Proceedings if fitness regained.
When the court, on its own motion or upon the application of the director of the department of public health and human services, the prosecution, or the defendant or the defendant's legal representative, determines, after a hearing if a hearing is requested, that the defendant has regained fitness to proceed, the proceeding must be resumed. If, however, the court is of the view that so much time has elapsed since the commitment of the defendant that it would be unjust to resume the criminal proceedings, the court may dismiss the charge and may order the defendant to be discharged or, subject to the law governing the civil commitment of persons suffering from serious mental illness, order the defendant committed to an appropriate facility of the department of public health and human services.
History: En. 95-506 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 3, Ch. 513, L. 1973; amd. Sec. 89, Ch. 120, L. 1974; amd. Sec. 6, Ch. 568, L. 1977; R.C.M. 1947, 95-506(part); amd. Sec. 8, Ch. 713, L. 1979; amd. Sec. 1, Ch. 262, L. 1991; amd. Sec. 160, Ch. 800, L. 1991; amd. Sec. 205, Ch. 546, L. 1995; amd. Sec. 59, Ch. 130, L. 2005.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 14. Mental Competency of Accused › Part 3. Disposition of Defendant › 46-14-303. Application for discharge or release by committed person

46-14-303. Application for discharge or release by committed person.
A committed person may make application for discharge or release to the district court by which the person was committed unless that court transfers jurisdiction to the court in the district in which the person has been placed, and the procedure to be followed upon the application is the same as that prescribed in 46-14-302 in the case of an application by the director of the department of public health and human services. However, an application by a committed person need not be considered until the person has been confined for a period of not less than 6 months from the date of the order of commitment, and if the determination of the court is adverse to the application, the person may not be permitted to file a further application until 1 year has elapsed from the date of any preceding hearing on an application for the person's release or discharge.
History: En. 95-508 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 210, L. 1973; amd. Sec. 91, Ch. 120, L. 1974; R.C.M. 1947, 95-508(5); amd. Sec. 6, Ch. 361, L. 1983; amd. Sec. 163, Ch. 800, L. 1991; amd. Sec. 4, Ch. 397, L. 1993; amd. Sec. 208, Ch. 546, L. 1995.