by admin | May 13, 2021 | Criminal Procedure, Montana
The prosecutor, witnesses, interpreters, and a stenographer or operator of a recording device used for the purpose of taking the evidence may be present while the grand jury is in session. No person other than the jurors may be present while the grand jury is...
by admin | May 13, 2021 | Criminal Procedure, Montana
Subject to any right to an open hearing in contempt proceedings, the court shall order a hearing on matters affecting a grand jury proceeding to be closed. This requirement may not affect a defendant’s discovery rights after the filing of the indictment.§...
by admin | May 13, 2021 | Criminal Procedure, Montana
§ 46-11-305 through 46-11-306, MCA
by admin | May 13, 2021 | Criminal Procedure, Montana
When the county attorney or attorney general is the subject of a grand jury investigation, the district court shall appoint a special prosecutor. If a special prosecutor is appointed, the county attorney’s or attorney general’s office may not participate...
by admin | May 13, 2021 | Criminal Procedure, Montana
The district court shall appoint one of the jurors to be lead juror. The lead juror has the power to administer oaths or affirmations and shall sign all indictments. The lead juror or another juror designated by the lead juror shall keep a record of the number of...
by admin | May 13, 2021 | Criminal Procedure, Montana
(1) The prosecutor may challenge the panel of a grand jury on the ground that the grand jury was not selected, drawn, or summoned according to law and may challenge an individual juror on the ground that the juror is not legally qualified. Challenges must be made...
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