2023 Montana Code Annotated › Title 46. Criminal Procedure › Chapter 15. Production of Evidence › Part 3. Discovery -- Immunity for Witnesses › 46-15-323. Disclosure by defendant

46-15-323. Disclosure by defendant.
(1) At any time after the filing in district court of an indictment or information, the defendant, in connection with the particular crime charged and upon written request of the prosecutor and approval of the court:
(a) shall appear in a lineup;
(b) shall speak for identification by witnesses;
(c) must be fingerprinted, palm printed, footprinted, or voiceprinted;
(d) shall pose for photographs not involving reenactment of an event;
(e) shall try on clothing;
(f) shall permit the taking of samples of the defendant's hair, blood, saliva, urine, or other specified materials that do not involve unreasonable bodily intrusions;
(g) shall provide handwriting samples; or
(h) shall submit to a reasonable physical or medical inspection; however, the inspection does not include psychiatric or psychological examination.
(2) Within 30 days after the arraignment or at a later time as the court may for good cause permit, the defendant shall provide the prosecutor with a written notice of the defendant's intention to introduce evidence at trial of good character or the defenses of alibi, compulsion, entrapment, justifiable use of force, or mistaken identity.
(3) Within 10 days after receiving a report of the defendant's mental condition from a psychiatrist, psychologist, or advanced practice registered nurse or at a later time as the court may for good cause permit, the defendant shall provide the prosecutor with a written notice of the defendant's intention to introduce evidence at trial of the defense that because of a mental disease or disorder, the defendant did not have a particular state of mind that is an essential element of the offense charged.
(4) The notice must specify for each defense the names and addresses of the persons, other than the defendant, whom the defendant may call as witnesses in support of the defense, together with all written reports or statements made by them, including all reports and statements concerning the results of physical examinations, scientific tests, experiments, or comparisons, except that the defendant need not include a privileged report or statement unless the defendant intends to use the privileged report or statement, or the witness who made it, at trial.
(5) Prior to trial, the defendant may, upon motion and showing of good cause, add to the list of witnesses the names of any additional witnesses and disclose their reports or statements as required by this section. After the trial commences, no witness may be called by the defendant in support of these defenses unless the name of the witness is included on the list and the witness's report or statement has been disclosed as required by this section, except for good cause shown.
(6) Within 30 days after the arraignment or at a later time as the court may for good cause permit, the defendant shall make available to the prosecutor for testing, examination, or reproduction:
(a) the names, addresses, and statements of all persons, other than the defendant, whom the defendant may call as witnesses in the defense case in chief, together with their statements;
(b) the names and addresses of experts whom the defendant may call at trial, together with the results of their physical examinations, scientific tests, experiments, or comparisons, including all written reports and statements made by these experts in connection with the particular case; and
(c) all papers, documents, photographs, and other tangible objects that the defendant may use at trial.
(7) The defendant's obligation under this section extends to material and information within the possession or control of the defendant, defense counsel, and defense counsel's staff or investigators.
(8) Upon motion of the prosecutor showing that the prosecutor has substantial need in the preparation of the case for additional material or information not otherwise provided for, that the prosecutor is unable, without undue hardship, to obtain the substantial equivalent by other means, and that disclosure of the material or information will not violate the defendant's constitutional rights, the court, in its discretion, may order any person to make the material or information available to the prosecutor. The court may, upon request of any person affected by the order, vacate or modify the order if compliance would be unreasonable or oppressive. The defense counsel may not be required to prepare or disclose summaries of witnesses' testimony.
History: En. Sec. 3, Ch. 202, L. 1985; amd. Sec. 138, Ch. 800, L. 1991; amd. Sec. 1, Ch. 182, L. 1993; amd. Sec. 34, Ch. 262, L. 1993; amd. Sec. 7, Ch. 303, L. 2001; amd. Sec. 23, Ch. 161, L. 2015.