Montana § 46-10-105 Preliminary Examination -- When Held

Montana Statutes

§ 46-10-105 — Preliminary Examination -- When Held

Montana § 46-10-105

Title 46CRIMINAL PROCEDURE

Ch. 10PRELIMINARY EXAMINATION

Part 1General Provisions

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Bluebook

Mont. Code Ann. § 46-10-105 (2026).

Text

46-10-105 . Preliminary examination -- when held. After the initial appearance, in all cases in which the charge is triable in district court, the justice's court shall, within a reasonable time, hold a preliminary examination unless:

(1)the defendant waives a preliminary examination;

(2)the district court has granted leave to file an information;

(3)an indictment has been returned; or

(4)the case is triable in justice's court.

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46-10-105 . Preliminary examination -- when held. After the initial appearance, in all cases in which the charge is triable in district court, the justice's court shall, within a reasonable time, hold a preliminary examination unless:
(1) the defendant waives a preliminary examination;
(2) the district court has granted leave to file an information;
(3) an indictment has been returned; or
(4) the case is triable in justice's court.

Legislative History

En. 95-902 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-902(part); amd. Sec. 89, Ch. 800, L. 1991; Sec. 46-7-103 , MCA 1989; redes. 46-10-105 by Code Commissioner, 1991.