reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 14. Mental Competency of Accused › Part 3. Disposition of Defendant › 46-14-304. Conditional release -- revocation

46-14-304. Conditional release -- revocation.
(1) A person who has been conditionally released remains under the supervision of the department of public health and human services until the committing court discharges the person.
(2) When the person is conditionally released, the director of the department of public health and human services shall provide written notice of the conditions of the person's release to any community facility or program that is treating the person, the county attorney of the county in which the person was committed, and the county attorney of the county in which the person is required to receive treatment.
(3) On motion of a county attorney or the department of public health and human services, the court may order revocation of a person's conditional release if the court determines after hearing evidence that:
(a) the conditions of release have not been fulfilled; and
(b) based on the violations of the conditions and the person's past mental health history, there is a substantial likelihood that the person continues to suffer from a mental disease or disorder that causes the person to present a substantial risk of:
(i) serious bodily injury or death to the person or others;
(ii) a threat of physical injury to the person or others; or
(iii) substantial property damage.
(4) If the court finds that the conditional release should be revoked, the court shall immediately order the person to be recommitted to the custody of the director of the department of public health and human services, subject to discharge or release only in accordance with the procedures provided in 46-14-302 and 46-14-303.
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(4); amd. Sec. 16, Ch. 116, L. 1979; amd. Sec. 7, Ch. 361, L. 1983; amd. Sec. 164, Ch. 800, L. 1991; amd. Sec. 5, Ch. 397, L. 1993; amd. Sec. 209, Ch. 546, L. 1995; amd. Sec. 20, Ch. 161, L. 2015; amd. Sec. 1, Ch. 639, L. 2023.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 14. Mental Competency of Accused › Part 3. Disposition of Defendant › 46-14-311. Consideration of mental disease or disorder or developmental disability in sentencing

46-14-311. Consideration of mental disease or disorder or developmental disability in sentencing.
(1) Whenever a defendant is convicted on a verdict of guilty or a plea of guilty or nolo contendere and claims at the time of the omnibus hearing held pursuant to 46-13-110 or, if no omnibus hearing is held, at the time of any change of plea by the defendant that at the time of the commission of the offense of which convicted the defendant was suffering from a mental disease or disorder or developmental disability that rendered the defendant unable to appreciate the criminality of the defendant's behavior or to conform the defendant's behavior to the requirements of law, the sentencing court shall consider any relevant evidence presented at the trial and may also consider the results of the presentence investigation requested pursuant to subsection (2).
(2) Under the circumstances referred to in subsection (1), the sentencing court may order a presentence investigation and a report on the investigation pursuant to 46-18-111. If requested, the investigation must include a mental evaluation by a person appointed by the director of the department of public health and human services or the director's designee. The evaluation must include an opinion as to whether the defendant suffered from a mental disease or disorder or developmental disability with the effect as described in subsection (1). If the opinion concludes that the defendant did suffer from a mental disease or disorder or developmental disability with the effect as described in subsection (1), the evaluation must also include a recommendation as to the care, custody, and treatment needs of the defendant.
History: En. Sec. 10, Ch. 713, L. 1979; amd. Sec. 165, Ch. 800, L. 1991; amd. Sec. 14, Ch. 395, L. 1999; amd. Sec. 5, Ch. 452, L. 2003; amd. Sec. 1, Ch. 268, L. 2009; amd. Sec. 21, Ch. 161, L. 2015; amd. Sec. 11, Ch. 456, L. 2019.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 14. Mental Competency of Accused › Part 3. Disposition of Defendant › 46-14-313. Discharge of defendant from supervision

46-14-313. Discharge of defendant from supervision.
At the expiration of the period of commitment or period of treatment specified by the court under 46-14-312, the defendant must be discharged from custody and further supervision, subject only to the law regarding the civil commitment of persons suffering from serious mental illness.
History: En. Sec. 12, Ch. 713, L. 1979; amd. Sec. 167, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 15. Production of Evidence › Part 1. Subpoenas and Witnesses › 46-15-101. Subpoenas

46-15-101. Subpoenas.
(1) After the filing of charges and upon the request of the prosecuting attorney, the defendant, or the defendant's attorney, the clerk of the court shall issue subpoenas with the name of the person to whom each subpoena is directed, commanding the person to appear and to give testimony. The court shall maintain a list of the names of the persons to whom subpoenas are issued.
(2) A subpoena must state the name of the court and the title, if any, of the proceeding and must command each person to whom it is directed to attend and give testimony at the time and place specified in the subpoena. The time and place may be modified by mutual written agreement of the parties or by an amended subpoena issued by the clerk of the court.
(3) The court, upon a timely motion, may quash or modify a subpoena if compliance would be unreasonable or oppressive.
(4) A subpoena remains in effect unless quashed or until judgment, dismissal, or other final determination of the action by the court in which the action was filed or to which the action was transferred.
History: En. 95-1801 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1801(a); amd. Sec. 180, Ch. 800, L. 1991; amd. Sec. 29, Ch. 262, L. 1993; amd. Sec. 2, Ch. 138, L. 1995.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 15. Production of Evidence › Part 1. Subpoenas and Witnesses › 46-15-105. Persons imprisoned in state prison or in another county

46-15-105. Persons imprisoned in state prison or in another county.
When it is necessary to have a person imprisoned in the state prison brought before any court or a person imprisoned in a county jail brought before a court sitting in another county, an order for that purpose may be made by the court and executed by the sheriff of the county where it is made.
History: En. Sec. 2900, Pen. C. 1895; re-en. Sec. 9714, Rev. C. 1907; re-en. Sec. 12432, R.C.M. 1921; Cal. Pen. C. Sec. 1567; re-en. Sec. 12432, R.C.M. 1935; Sec. 94-701-1, R.C.M. 1947; redes. 95-1812 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-1812.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 15. Production of Evidence › Part 1. Subpoenas and Witnesses › 46-15-106. Subpoenas for production of evidence

46-15-106. Subpoenas for production of evidence.
(1) A subpoena may command the person to whom it is directed to produce the books, papers, documents, or other objects designated in the subpoena.
(2) The court may direct that the books, papers, documents, or other objects designated in the subpoena be produced before the court at a time prior to the trial or prior to the time when they are to be offered into evidence and may upon their production permit the books, papers, documents, or objects, or portions thereof, to be inspected by the parties and their attorneys.
(3) The court, upon a timely motion, may quash or modify a subpoena if compliance would be unreasonable or oppressive.
History: En. Sec. 181, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 15. Production of Evidence › Part 1. Subpoenas and Witnesses › 46-15-107. Service of subpoenas

46-15-107. Service of subpoenas.
(1) A subpoena may be served by a peace officer or by any other person who is not a party and who is not less than 18 years of age. A peace officer shall serve any subpoena delivered to the peace officer for service in the peace officer's county either on the part of the prosecution or of the defendant.
(2) Service of a subpoena must be made by delivering a copy of the subpoena to the person named and, if ordered by the court, by tendering to those residing outside the county of trial the fee for 1 day's attendance and the mileage allowed by law. The person making the service shall without delay make a written return of the service subscribed by the person, stating the time and place of service.
(3) A subpoena requiring attendance of a witness at a hearing or trial may be served anywhere within the state of Montana.
History: En. 95-1801 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1801(e), (f); amd. Sec. 182, Ch. 800, L. 1991; Sec. 46-15-102, MCA 1989; redes. 46-15-107 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 15. Production of Evidence › Part 1. Subpoenas and Witnesses › 46-15-111. Repealed

46-15-111. Repealed.
Sec. 263, Ch. 800, L. 1991.
History: En. 95-1808 by Sec. 8, Ch. 513, L. 1973; R.C.M. 1947, 95-1808.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 15. Production of Evidence › Part 1. Subpoenas and Witnesses › 46-15-112. Subpoena of witness in this state to testify in another state

46-15-112. Subpoena of witness in this state to testify in another state.
(1) If a judge of a court of record in any state, which by its laws has made provision for commanding persons within that state to attend and testify in this state, certifies under the seal of the court that there is a criminal prosecution pending in the court or that a grand jury investigation is commenced or is about to commence, that a person being within this state is a material witness in the prosecution or a grand jury investigation, and that the person's presence will be required for a specified number of days, upon presentation of the certificate to any judge of a court of record in the county in which the person is located, the judge shall fix a time and place for a hearing and shall make an order directing the witness to appear at a time and place certain for the hearing.
(2) If at a hearing the judge determines that the witness is material and necessary, that it will not cause undue hardship to the witness to be compelled to attend and testify in the prosecution or a grand jury investigation in the other state, and that the laws of the state in which the prosecution is pending or a grand jury investigation is commenced or is about to commence will give the witness protection from arrest and the service of civil and criminal process, the judge shall issue a subpoena with a copy of the certificate attached directing the witness to attend and testify in the court where the prosecution is pending or where a grand jury investigation is commenced or is about to commence at a time and place specified in the subpoena. In the hearing, the certificate is prima facie evidence of all the facts stated in the certificate.
(3) If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of the requesting state to assure the witness's attendance in the requesting state, the judge may, in lieu of notification of the hearing, direct that the witness be brought before the judge for the hearing. At the hearing, the judge may, in lieu of issuing a subpoena, order that the witness be taken into custody and delivered to an officer of the requesting state.
History: En. Sec. 2, Ch. 188, L. 1937; Sec. 94-9002, R.C.M. 1947; redes. 95-1809 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-1809; amd. Sec. 183, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 15. Production of Evidence › Part 1. Subpoenas and Witnesses › 46-15-113. Subpoena of witness in another state to testify in this state

46-15-113. Subpoena of witness in another state to testify in this state.
(1) Whenever a person in any state that by its laws has made provision for commanding persons within its borders to attend and testify in criminal prosecutions or grand jury investigations in this state is a material witness in a prosecution pending in a court of record in this state or in a grand jury investigation that is commenced or is about to commence, a judge of the court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. The certificate must be presented to a judge of a court of record in the county in which the witness is found.
(2) If the certificate recommends that the witness be taken into immediate custody and delivered to an officer of this state to assure the witness's attendance in this state, it is prima facie proof of the desirability of the custody and delivery, and the judge may direct that the witness be brought before the judge immediately. If the judge is satisfied as to the desirability of custody and delivery, the judge may order that the witness be immediately taken into custody and delivered to an officer of this state. The order is sufficient authority for the officer to take the witness into custody and hold the witness unless and until the witness is released by bail, recognizance, or order of the judge issuing the certificate.
(3) A witness who has appeared in accordance with the provisions of the subpoena may not be required to remain within this state for a longer period of time than the period mentioned in the certificate unless otherwise ordered by the court.
(4) If the witness fails without good cause to attend and testify as directed, the witness must be punished in the manner provided for the punishment of any witness who disobeys an order issued from a court of record in this state in accordance with Title 3, chapter 1, part 5, or in accordance with 45-7-309.
History: En. Sec. 3, Ch. 188, L. 1937; amd. Sec. 1, Ch. 117, L. 1949; Sec. 94-9003, R.C.M. 1947; redes. 95-1810 by Sec. 29, Ch. 513, L. 1973; amd. Sec. 27, Ch. 184, L. 1977; R.C.M. 1947, 95-1810; amd. Sec. 184, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 15. Production of Evidence › Part 1. Subpoenas and Witnesses › 46-15-115. Subpoena for witness when defendant unable to pay

46-15-115. Subpoena for witness when defendant unable to pay.
(1) The court shall order at any time that a subpoena be issued for service on a named witness upon the ex parte application of a defendant acting pro se and upon a satisfactory showing that the defendant is financially unable to pay the costs incurred for the witness and that the presence of the witness is necessary to an adequate defense.
(2) If a defendant is indigent but is acting pro se and is not represented by a public defender, as defined in 47-1-103, a court order must be obtained if more than six witnesses are to be subpoenaed.
(3) If the defendant is represented by a public defender, as defined in 47-1-103, witness costs must be paid by the office of state public defender as provided for in 47-1-119.
History: En. 95-1801 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1801(b); amd. Sec. 185, Ch. 800, L. 1991; Sec. 46-15-103, MCA 1989; redes. 46-15-115 by Code Commissioner, 1991; amd. Sec. 48, Ch. 449, L. 2005; amd. Sec. 16, Ch. 358, L. 2017.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 15. Production of Evidence › Part 1. Subpoenas and Witnesses › 46-15-116. Fees, costs, and expenses

46-15-116. Fees, costs, and expenses.
(1) When a person attends before a judge, grand jury, or court as a witness in a criminal case upon a subpoena, the witness must receive the witness fee prescribed by Title 26, chapter 2, part 5, except as otherwise provided in this section.
(2) The court may determine the reasonable and necessary expenses of subpoenaed witnesses for an indigent defendant not represented by a public defender, as defined in 47-1-103, and order the clerk of court to pay the expenses.
(3) When a person is subpoenaed in this state to testify in another state or is subpoenaed from another state to testify in this state, the person must be paid for lodging, mileage or travel, and per diem, the sum equal to that allowed by Title 2, chapter 18, part 5, for each day that the person is required to travel and attend as a witness. If the state where the witness is found has by statute required that the subpoenaed witness be paid an amount in excess of the amount specified in this section, the witness may be paid the amount required by that state.
(4) The witness fees, costs, and expenses must be paid as provided in 26-2-506.
History: En. 95-1801 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1801(c); amd. Sec. 15, Ch. 680, L. 1985; amd. Sec. 9, Ch. 1, Sp. L. 1985; amd. Sec. 8, Ch. 704, L. 1991; amd. Sec. 186, Ch. 800, L. 1991; Sec. 46-15-104, MCA 1989; redes. 46-15-116 by Code Commissioner, 1991; amd. Sec. 30, Ch. 262, L. 1993; amd. Sec. 4, Ch. 330, L. 1993; amd. Sec. 45, Ch. 585, L. 2001; amd. Sec. 49, Ch. 449, L. 2005; amd. Sec. 2, Ch. 205, L. 2019.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 15. Production of Evidence › Part 1. Subpoenas and Witnesses › 46-15-120. Exemption from arrest and service of process

46-15-120. Exemption from arrest and service of process.
(1) If a person comes into this state in obedience to a subpoena directing the person to attend and testify in this state, the person may not, while in this state pursuant to the subpoena or order, be subject to arrest or the service of process, civil or criminal, in connection with matters that arose before the person's entrance into this state under the subpoena.
(2) If a person passes through this state while going to another state in obedience to a subpoena or order to attend and testify in that state, the person may not, while passing through this state, be subject to arrest or the service of process, civil or criminal, in connection with matters that arose before the person's entrance into this state under the subpoena.
History: En. Sec. 4, Ch. 188, L. 1937; Sec. 94-9004, R.C.M. 1947; redes. 95-1811 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-1811; amd. Sec. 187, Ch. 800, L. 1991; Sec. 46-15-114, MCA 1989; redes. 46-15-120 by Code Commissioner, 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 15. Production of Evidence › Part 2. Depositions › 46-15-201. When depositions may be taken

46-15-201. When depositions may be taken.
(1) In district or municipal court cases, a deposition may be taken if it appears that a prospective witness:
(a) is likely to be either unable to attend or otherwise prevented from attending a trial or hearing;
(b) is likely to be absent from the state at the time of the trial or hearing; or
(c) is unwilling to provide relevant information to a requesting party and the witness's testimony is material and necessary in order to prevent a failure of justice. The court shall, upon motion of any party and proper notice, order that the testimony of the witness be taken by deposition and that any designated books, papers, documents, or tangible objects, not privileged, be introduced at the time the deposition is taken.
(2) The witness whose deposition is to be taken may be required by subpoena to attend at any place designated by the court, taking into account the convenience of the parties and of the witness.
(3) If the defendant is charged with a felony and it appears upon the affidavit of counsel for a party that good cause exists to believe that a witness will not respond to a subpoena and the administration of justice requires, any district judge may issue an arrest warrant commanding the arrest of a material witness. The arrest warrant must further order a deposition to be taken without unnecessary delay. A person may not be imprisoned for the purpose of securing testimony in any criminal proceeding longer than is necessary to take the person's deposition.
History: En. 95-1802 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1802(a); amd. Sec. 146, Ch. 800, L. 1991; amd. Sec. 31, Ch. 262, L. 1993.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 15. Production of Evidence › Part 2. Depositions › 46-15-202. Procedure for taking depositions

46-15-202. Procedure for taking depositions.
(1) The party at whose instance a deposition is to be taken shall give to every other party reasonable written notice of the time and place for taking the deposition. The notice must state the name and address of each person to be examined. On motion of the party upon whom the notice is served, the municipal or district court for cause shown may extend or shorten the time or change the place for taking the deposition.
(2) A deposition must be taken in the manner provided in civil actions. The court, upon request, may direct that a deposition be taken on written interrogatories in the manner provided in civil actions. However, a deposition may not be taken of a party defendant without the defendant's consent, and the scope and manner of examination and cross-examination must be restricted as would be allowed in the trial itself.
(3) The deposition must be filed with the court making the order and held until the trial. Either party shall make available to the other party or the other party's counsel for examination and use at the taking of the deposition any relevant, nonprivileged statement of the witness being deposed that is in the possession of either party.
(4) Objections to deposition testimony or evidence or parts of the testimony or evidence may be reserved for subsequent determination by the court.
(5) Unless a defendant in custody has waived, in writing, the right to be present at the taking of a deposition, the officer having custody of the defendant must be notified of the time and place set for the deposition. The officer having custody shall produce the defendant and keep the defendant in the presence of a witness during the deposition.
(6) A defendant not in custody who fails to appear, without good cause, at the taking of a deposition after being notified of the time and place set for the deposition will be considered to have waived the right to be present as provided in 46-16-122. The waiver includes a waiver of any objection to the taking and use of the deposition based upon that right.
(7) Whenever a deposition is taken at the instance of the prosecution or whenever a deposition is taken at the instance of a defendant who is unable to bear the expense of taking a deposition, the court shall direct that the expense of travel and subsistence of the defendant and the defendant's counsel for attendance at the examination and the cost of the transcript of the deposition be paid by the city for a municipal court proceeding or by the state for a district court proceeding.
History: En. 95-1802 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1802(b) thru (d); amd. Sec. 147, Ch. 800, L. 1991; amd. Sec. 32, Ch. 262, L. 1993.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 15. Production of Evidence › Part 2. Depositions › 46-15-203. Repealed

46-15-203. Repealed.
Sec. 263, Ch. 800, L. 1991.
History: En. 95-1802 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1802(g).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 15. Production of Evidence › Part 2. Depositions › 46-15-204. Use of depositions at trial

46-15-204. Use of depositions at trial.
Any deposition may be used by any party for any purpose allowed by the Montana Rules of Evidence.
History: En. 95-1802 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1802(e), (f); amd. Sec. 148, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 15. Production of Evidence › Part 3. Discovery -- Immunity for Witnesses › 46-15-301. Repealed

46-15-301. Repealed.
Sec. 11, Ch. 202, L. 1985.
History: En. 95-1803 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 26, Ch. 184, L. 1977; R.C.M. 1947, 95-1803(1), (3); amd. Sec. 14, Ch. 713, L. 1979; amd. Sec. 1, Ch. 557, L. 1981.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 15. Production of Evidence › Part 3. Discovery -- Immunity for Witnesses › 46-15-302. Repealed

46-15-302. Repealed.
Sec. 11, Ch. 202, L. 1985.
History: (1), (2)En. 95-1801 by Sec. 1, Ch. 196, L. 1967; Sec. 95-1801, R.C.M. 1947; (3)En. 95-1803 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 26, Ch. 184, L. 1977; Sec. 95-1803, R.C.M. 1947; R.C.M. 1947, 95-1801(d), 95-1803(2); amd. Sec. 1, Ch. 496, L. 1979.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 15. Production of Evidence › Part 3. Discovery -- Immunity for Witnesses › 46-15-303. Repealed

46-15-303. Repealed.
Sec. 11, Ch. 202, L. 1985.
History: En. 95-1804 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1804.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 15. Production of Evidence › Part 3. Discovery -- Immunity for Witnesses › 46-15-320. Interview of child under age 16

46-15-320. Interview of child under age 16.
(1) A defendant may not interview a child under the age of 16 who alleges to be the victim of sexual abuse as provided in 45-5-502, 45-5-503, 45-5-504, 45-5-507, 45-5-508, or 45-5-625, or an immediate family member of the child who is also under the age of 16, except by an order of the court upon a motion showing that the defendant has exceptional circumstances that necessitate interviewing the child victim.
(2) Upon a motion under subsection (1), the court may, in its discretion, order an interview. If the court orders an interview, the court shall list the reasons for and scope of the interview and, if requested, provide any reasonable accommodations for the child victim for the interview.
History: En. Sec. 1, Ch. 387, L. 2019.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 15. Production of Evidence › Part 3. Discovery -- Immunity for Witnesses › 46-15-324. Materials not subject to disclosure

46-15-324. Materials not subject to disclosure.
(1) Except as provided in this section, disclosure is not required for the superseded notes or work product of the prosecuting or defense attorney.
(2) If exculpatory information is contained in the superseded notes or work product of the prosecution, that information must be disclosed.
(3) Disclosure of the existence of an informant or the identity of an informant who will not be called to testify is not required if:
(a) disclosure would result in substantial risk to the informant or to the informant's operational effectiveness; and
(b) the failure to disclose will not infringe the constitutional rights of the accused.
History: En. Sec. 4, Ch. 202, L. 1985; amd. Sec. 139, Ch. 800, L. 1991; amd. Sec. 35, Ch. 262, L. 1993.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 15. Production of Evidence › Part 3. Discovery -- Immunity for Witnesses › 46-15-325. Failure to call a witness or raise a defense

46-15-325. Failure to call a witness or raise a defense.
The fact that a witness's name is on a list furnished pursuant to this part but the witness does not testify or that a matter contained in a pretrial notice is not raised may not be commented upon at trial unless the court, on motion of a party, allows comment after finding that the inclusion of the witness's name or the pretrial notice constituted an abuse of the applicable disclosure requirement or that other good cause is shown.
History: En. Sec. 5, Ch. 202, L. 1985; amd. Sec. 140, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 15. Production of Evidence › Part 3. Discovery -- Immunity for Witnesses › 46-15-326. Use of materials

46-15-326. Use of materials.
Except as provided in 46-11-401, any materials, including witness lists, furnished to an attorney pursuant to 46-15-322 through 46-15-329 may not be disclosed to the public but may be disclosed to others only to the extent necessary for the proper conduct of the case.
History: En. Sec. 6, Ch. 202, L. 1985; amd. Sec. 261, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 15. Production of Evidence › Part 3. Discovery -- Immunity for Witnesses › 46-15-327. Continuing duty to disclose

46-15-327. Continuing duty to disclose.
If at any time after a disclosure has been made any party discovers additional information or material that would be subject to disclosure had it been known at the time of disclosure, the party shall promptly notify all other parties of the existence of the additional information or material and make an appropriate disclosure.
History: En. Sec. 7, Ch. 202, L. 1985; amd. Sec. 141, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 15. Production of Evidence › Part 3. Discovery -- Immunity for Witnesses › 46-15-328. Excision and protective orders

46-15-328. Excision and protective orders.
(1) Upon a motion of any party showing good cause, the court may at any time order that any disclosure be deferred or regulated when it finds:
(a) that the disclosure would result in a risk or harm outweighing any usefulness of the unrestricted disclosure to any party; and
(b) that the risk cannot be eliminated by a less substantial restriction of discovery rights.
(2) Whenever the court finds, on motion of any party, that only a portion of a document or other material is discoverable, it may authorize the party disclosing it to excise that portion of the material that is nondiscoverable and disclose the remainder.
(3) On motion of the party seeking a protective or excision order or in submitting for the court's determination the discoverability of any material or information, the court may permit that party to present the material or information for the inspection of the judge alone. Counsel for all other parties are entitled to be present when the presentation is made.
(4) If the court enters an order that any material or any portion of the material is not discoverable, the entire text of the material must be sealed and preserved in the record in the event of an appeal.
History: En. Sec. 8, Ch. 202, L. 1985; amd. Sec. 143, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 15. Production of Evidence › Part 3. Discovery -- Immunity for Witnesses › 46-15-329. Sanctions

46-15-329. Sanctions.
If at any time during the course of the proceeding it is brought to the attention of the court that a party has failed to comply with any of the provisions of this part or any order issued pursuant to this part, the court may impose any sanction that it finds just under the circumstances, including but not limited to:
(1) ordering disclosure of the information not previously disclosed;
(2) granting a continuance;
(3) holding a witness, party, or counsel in contempt for an intentional violation;
(4) precluding a party from calling a witness, offering evidence, or raising a defense not disclosed; or
(5) declaring a mistrial when necessary to prevent a miscarriage of justice.
History: En. Sec. 9, Ch. 202, L. 1985; amd. Sec. 144, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 15. Production of Evidence › Part 3. Discovery -- Immunity for Witnesses › 46-15-330. Investigation not to be impeded

46-15-330. Investigation not to be impeded.
Except as to matters to which discovery is restricted and except as to the defendant's counsel advising the defendant, a party or agent of a party may not discourage or obstruct communication between any person and any party or otherwise obstruct a party's investigation of the case.
History: En. Sec. 142, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 15. Production of Evidence › Part 3. Discovery -- Immunity for Witnesses › 46-15-331. Compelling testimony or production of evidence -- immunity

46-15-331. Compelling testimony or production of evidence -- immunity.
(1) Before or during trial in any judicial proceeding, a judge of the district or municipal court, upon request by the prosecutor or defense counsel, may require a person to answer any question or produce any evidence, even though personally incriminating, following a grant of immunity.
(2) If a person is required to give testimony or produce evidence in accordance with this section in any investigation or proceeding, compelled testimony or evidence and any information directly or indirectly derived from such testimony or evidence may not be used against the witness in any criminal prosecution.
(3) Nothing in this section prohibits a prosecutor from granting immunity from prosecution for or on account of any transaction, matter, or thing concerning which a witness is compelled to testify if in the prosecutor's sole discretion it is determined that the ends of justice would be served.
(4) Immunity may not extend to prosecution or punishment for false statements given in any testimony required under this section.
History: En. 95-1807 by Sec. 7, Ch. 513, L. 1973; R.C.M. 1947, 95-1807; amd. Sec. 4, Ch. 577, L. 1983; Sec. 46-15-311, MCA 1983; redes. 46-15-331 by Code Commissioner, 1985; amd. Sec. 145, Ch. 800, L. 1991.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 15. Production of Evidence › Part 3. Discovery -- Immunity for Witnesses › 46-15-332. Privileged matters

46-15-332. Privileged matters.
All matters which are privileged upon the trial are privileged against disclosure through any discovery procedure.
History: En. 95-1803 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 26, Ch. 184, L. 1977; R.C.M. 1947, 95-1803(4); Sec. 46-15-312, MCA 1983; redes. 46-15-332 by Code Commissioner, 1985.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 15. Production of Evidence › Part 4. Evidence in Cases Involving Sexual Offenses › 46-15-401. Repealed

46-15-401. Repealed.
Sec. 263, Ch. 800, L. 1991.
History: En. 95-1814 by Sec. 1, Ch. 384, L. 1977; R.C.M. 1947, 95-1814; amd. Sec. 1, Ch. 151, L. 1979; amd. Sec. 1, Ch. 8, L. 1983; amd. Sec. 1, Ch. 85, L. 1989.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 15. Production of Evidence › Part 4. Evidence in Cases Involving Sexual Offenses › 46-15-402. Procedure at videotaping

46-15-402. Procedure at videotaping.
(1) The procedural and evidentiary rules of the state of Montana which are applicable to criminal trials within the state of Montana shall apply to the videotape proceedings authorized by this part.
(2) The district court judge, the prosecuting attorney, the victim, the defendant, the defendant's attorney, and such persons as are deemed necessary by the court to make the recordings authorized under this part shall be allowed to attend the videotape proceedings.
History: En. 95-1815 by Sec. 2, Ch. 384, L. 1977; R.C.M. 1947, 95-1815.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 15. Production of Evidence › Part 4. Evidence in Cases Involving Sexual Offenses › 46-15-403. Court order to protect privacy of victim

46-15-403. Court order to protect privacy of victim.
Videotapes which are part of the court record are subject to a protective order of the court for the purpose of protecting the privacy of the victim.
History: En. 95-1816 by Sec. 3, Ch. 384, L. 1977; R.C.M. 1947, 95-1816.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 15. Production of Evidence › Part 4. Evidence in Cases Involving Sexual Offenses › 46-15-405. Statewide sexual assault evidence kit tracking system -- rulemaking

46-15-405. Statewide sexual assault evidence kit tracking system -- rulemaking.
(1) The sexual assault response network program within the department of justice shall operate and maintain a statewide sexual assault evidence kit tracking system. The tracking system must:
(a) track the status of a sexual assault evidence kit from the collection site through the criminal justice process, including the initial collection at a health care facility, inventory and storage by law enforcement agencies, analysis at a crime laboratory, and storage or destruction after completion of analysis;
(b) allow law enforcement agencies, health care facilities, a crime laboratory, and other entities that receive, maintain, store, or preserve sexual assault evidence kits to update the status and location of the kits; and
(c) allow an individual to anonymously access the tracking system to track the location and status of the individual's sexual assault evidence kit.
(2) The department of justice shall adopt rules for developing and using the sexual assault evidence kit tracking system. Law enforcement agencies, health care facilities, and crime laboratories shall use the tracking system as provided in the rules.
(3) Information contained in the sexual assault evidence kit tracking system is confidential and not subject to public disclosure.
History: En. Sec. 2, Ch. 138, L. 2019; amd. Sec. 9, Ch. 165, L. 2023.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 15. Production of Evidence › Part 4. Evidence in Cases Involving Sexual Offenses › 46-15-406. Notice of rights for victims of sexual assault

46-15-406. Notice of rights for victims of sexual assault.
The department of justice shall prepare a model form for use by health care facilities and law enforcement agencies that details the statutory rights of victims of sexual assault. These rights include the following:
(1) a victim may receive a sexual assault medical forensic examination and have evidence collected using a sexual assault evidence kit even if the victim does not want to participate in a criminal investigation;
(2) a victim may not be billed for the cost of administering the sexual assault medical forensic examination or collecting evidence for the sexual assault evidence kit;
(3) on request by a sexual assault victim to the investigating law enforcement agency, the victim may receive the following information:
(a) contact information for the officer investigating the case;
(b) the current status of the case;
(c) the current status of the sexual assault evidence kit;
(d) whether the case has been submitted to the office of the prosecuting attorney for review;
(e) whether the case has been closed and the documented reason for closure;
(f) if available, contact information for a local community-based victim services program;
(g) notifications of the victim's legal rights, including the right to file a petition requesting an order of protection; and
(h) the notices required by 46-24-203, 46-24-204, and 46-24-206.
History: En. Sec. 3, Ch. 138, L. 2019; amd. Sec. 1, Ch. 196, L. 2021.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 15. Production of Evidence › Part 4. Evidence in Cases Involving Sexual Offenses › 46-15-411. Payment for medical evidence -- alleged sexual offenses

46-15-411. Payment for medical evidence -- alleged sexual offenses.
(1) The local law enforcement agency within whose jurisdiction an alleged incident of sexual intercourse without consent, sexual assault, or incest occurs shall pay for the sexual assault medical forensic examination of a victim of the alleged offense when the examination is directed by the agency or when evidence obtained by the examination is used for the investigation, prosecution, or resolution of an offense.
(2) (a) The department of justice shall, as long as funds are available from an appropriation made for this purpose, pay for the sexual assault medical forensic examination of a victim of an alleged incident of sexual intercourse without consent, sexual assault, or incest if the cost is not the responsibility of a local law enforcement agency under subsection (1).
(b) In administering the provisions of subsection (2)(a), the department shall:
(i) identify priorities for funding services, activities, and criteria for the receipt of program funds;
(ii) monitor the expenditure of funds by organizations receiving funds under this section;
(iii) evaluate the effectiveness of services and activities under this section; and
(iv) adopt rules necessary to implement this subsection (2).
(3) This section does not require a law enforcement agency or the state to pay any costs of treatment for injuries resulting from the alleged offense.
History: En. 95-1813 by Sec. 1, Ch. 128, L. 1977; R.C.M. 1947, 95-1813; amd. Sec. 4, Ch. 186, L. 1997; amd. Sec. 3, Ch. 504, L. 2005; amd. Sec. 3, Ch. 237, L. 2013; amd. Sec. 5, Ch. 138, L. 2019.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 15. Production of Evidence › Part 4. Evidence in Cases Involving Sexual Offenses › 46-15-412. Testing of sexual assault evidence kits

46-15-412. Testing of sexual assault evidence kits.
Except for a sexual assault evidence kit that is submitted to the department of justice as provided in 46-15-411(2)(a), a local law enforcement agency shall submit all other kits to the division of forensic science within 30 days after the local law enforcement agency receives the kit.
History: En. Sec. 4, Ch. 138, L. 2019.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 15. Production of Evidence › Part 4. Evidence in Cases Involving Sexual Offenses › 46-15-413. Retention and disposal of sexual assault evidence kits -- victim notification

46-15-413. Retention and disposal of sexual assault evidence kits -- victim notification.
(1) Sexual assault evidence kits reported to law enforcement pursuant to 46-15-404, anonymous sexual assault evidence kits collected as provided in 46-15-411, and the related contents of reported or anonymous sexual assault evidence kits must be stored in a secure and reasonable manner that preserves evidence for 75 years from the date of collection.
(2) A victim may request notification before the victim's sexual assault evidence kit and related contents are destroyed.
(3) If requested by the victim, the agency with custody of the victim's sexual assault evidence kit and its contents shall provide written notice to the victim 120 days before the intended destruction or disposal of the sexual assault evidence kit or its contents. The notification must include:
(a) a description of the biological evidence;
(b) a statement of the intended destruction or disposal of the biological evidence in 120 days;
(c) the name, mailing address, and other contact information of the agency with custody of the evidence; and
(d) any other information the agency considers pertinent.
(4) If any party to the offense objects to the destruction or disposal of the biological evidence, the agency has the burden of proving by a preponderance of the evidence that the destruction or disposal of the biological evidence must take place.
History: En. Sec. 1, Ch. 292, L. 2023.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 16. Trial › Part 1. General Provisions › 46-16-101. Who given precedence on calendar

46-16-101. Who given precedence on calendar.
Prosecutions against defendants held in custody must be disposed of in advance of prosecutions against defendants on bail unless for good cause the court shall direct an action to be tried out of its order.
History: En. 95-1906 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1906.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 16. Trial › Part 1. General Provisions › 46-16-103. Who decides questions of law and fact

46-16-103. Who decides questions of law and fact.
(1) All prosecutions deciding issues of fact must be tried by the court and jury, except on a plea of guilty or nolo contendere.
(2) Questions of law must be decided by the court and questions of fact by the jury, except that on a trial for criminal defamation, the jury shall determine both questions of law and of fact. Questions of law and fact must be decided by the court when a trial by jury is waived under 46-16-110(3).
History: En. 95-1901 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 4, L. 1973; R.C.M. 1947, 95-1901(a), (b); amd. Sec. 17, Ch. 116, L. 1979; amd. Sec. 262, Ch. 800, L. 1991; amd. Sec. 15, Ch. 395, L. 1999.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 16. Trial › Part 1. General Provisions › 46-16-104. Plea of not guilty

46-16-104. Plea of not guilty.
The plea of not guilty puts in issue every material allegation of the indictment, information, or complaint.
History: En. 95-1901 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 4, L. 1973; R.C.M. 1947, 95-1901(e).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 16. Trial › Part 1. General Provisions › 46-16-105. Plea of guilty -- use of two-way electronic audio-video communication

46-16-105. Plea of guilty -- use of two-way electronic audio-video communication.
(1) Before or during trial, a plea of guilty must be accepted, and a plea of nolo contendere may be accepted with the consent of the court and the prosecutor, when:
(a) subject to the provisions of subsection (3), the defendant enters a plea of guilty or nolo contendere in open court; and
(b) the court has informed the defendant of the consequences of the plea and of the maximum penalty provided by law that may be imposed upon acceptance of the plea.
(2) At any time before judgment or, except when a claim of innocence is supported by evidence of a fundamental miscarriage of justice, within 1 year after judgment becomes final, the court may, for good cause shown, permit the plea of guilty or nolo contendere to be withdrawn and a plea of not guilty substituted. A judgment becomes final for purposes of this subsection (2):
(a) when the time for appeal to the Montana supreme court expires;
(b) if an appeal is taken to the Montana supreme court, when the time for petitioning the United States supreme court for review expires; or
(c) if review is sought in the United States supreme court, on the date that that court issues its final order in the case.
(3) For purposes of this section, an entry of a plea of guilty or nolo contendere through the use of two-way electronic audio-video communication, allowing all of the participants to be heard in the courtroom by all present and allowing the party speaking to be seen, is considered to be an entry of a plea of guilty or nolo contendere in open court. Audio-video communication may be used if neither party objects and the court agrees to its use and has informed the defendant that the defendant has the right to object to its use. The audio-video communication must operate as provided in 46-12-201.
History: En. 95-1902 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1902; amd. Sec. 2, Ch. 163, L. 1997; amd. Sec. 16, Ch. 395, L. 1999; amd. Sec. 1, Ch. 96, L. 2003; amd. Sec. 1, Ch. 346, L. 2003; amd. Sec. 3, Ch. 222, L. 2005; amd. Sec. 1, Ch. 144, L. 2013.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 16. Trial › Part 1. General Provisions › 46-16-106. Time to prepare for trial

46-16-106. Time to prepare for trial.
After plea, the defendant shall be entitled to a reasonable time to prepare for trial.
History: En. 95-1907 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1907.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 16. Trial › Part 1. General Provisions › 46-16-107. Repealed

46-16-107. Repealed.
Sec. 49, Ch. 262, L. 1993.
History: En. 95-1903 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1903.
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 16. Trial › Part 1. General Provisions › 46-16-108. Repealed

46-16-108. Repealed.
Sec. 263, Ch. 800, L. 1991.
History: En. 95-1904 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1904(part).
2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 16. Trial › Part 1. General Provisions › 46-16-110. Right to jury trial -- waiver

46-16-110. Right to jury trial -- waiver.
(1) The parties in a felony case have a right to trial by a jury of 12 persons.
(2) The parties may agree in writing at any time before the verdict, with the approval of the court, that the jury shall consist of any number less than that to which they are entitled.
(3) Upon written consent of the parties, a trial by jury may be waived.
History: En. 95-1901 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 4, L. 1973; R.C.M. 1947, 95-1901(c), (d); amd. Sec. 188, Ch. 800, L. 1991; Sec. 46-16-102, MCA 1989; redes. 46-16-110 by Code Commissioner, 1991; amd. Sec. 1, Ch. 7, L. 1995.