by admin | May 13, 2021 | Criminal Procedure, Montana
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...
by admin | May 13, 2021 | Criminal Procedure, Montana
(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...
by admin | May 13, 2021 | Criminal Procedure, Montana
(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...
by admin | May 13, 2021 | Criminal Procedure, Montana
§ 46-13-201, MCA46-13-401, Code Commissioner, 1991.
by admin | May 13, 2021 | Criminal Procedure, Montana
(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...
by admin | May 13, 2021 | Criminal Procedure, Montana
§ 46-13-109, MCA Sec. 2, Ch. 130, L. 2011. En. Sec. 47, Ch. 262, L. 1993; amd. Sec. 13, Ch. 395, L. 1999.
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