by admin | May 13, 2021 | Criminal Procedure, Montana
(1) A grand jury may only be drawn and summoned when the district judge, in the judge’s discretion, considers a grand jury to be in the public interest and orders the grand jury to be drawn or summoned. The composition and drawing of a grand jury must be in...
by admin | May 13, 2021 | Criminal Procedure, Montana
(1) The court may allow an information to be amended in matters of substance at any time, but not less than 5 days before trial, provided that a motion is filed in a timely manner, states the nature of the proposed amendment, and is accompanied by an affidavit stating...
by admin | May 13, 2021 | Criminal Procedure, Montana
§ 46-11-204, MCASec. 263, Ch. 800, L. 1991. En. 95-1303 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1303.
by admin | May 13, 2021 | Criminal Procedure, Montana
(1) After a finding of probable cause following a preliminary examination or waiver of a preliminary examination or after leave of court has been granted, the prosecutor shall file within 30 days in the proper district court an information charging the defendant with...
by admin | May 13, 2021 | Criminal Procedure, Montana
§ 46-11-202, MCASec. 263, Ch. 800, L. 1991. En. 95-1301 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1301(c).
by admin | May 13, 2021 | Criminal Procedure, Montana
(1) The prosecutor may apply directly to the district court for permission to file an information against a named defendant. If the defendant named is a district court judge, the prosecutor shall apply directly to the supreme court for leave to file the...
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