Montana § 46-16-103 Who Decides Questions Of Law And Fact

Montana Statutes

§ 46-16-103 — Who Decides Questions Of Law And Fact

Montana § 46-16-103

Title 46CRIMINAL PROCEDURE

Ch. 16TRIAL

Part 1General Provisions

This text of Montana § 46-16-103 (Who Decides Questions Of Law And Fact) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 46-16-103 (2026).

Text

46-16-103 . Who decides questions of law and fact.

(1)All prosecutions deciding issues of fact must be tried by the court and jury, except on a plea of guilty or nolo contendere.

(2)Questions of law must be decided by the court and questions of fact by the jury, except that on a trial for criminal defamation, the jury shall determine both questions of law and of fact. Questions of law and fact must be decided by the court when a trial by jury is waived under 46-16-110 (3).

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46-16-103 . Who decides questions of law and fact. (1) All prosecutions deciding issues of fact must be tried by the court and jury, except on a plea of guilty or nolo contendere.
(2) Questions of law must be decided by the court and questions of fact by the jury, except that on a trial for criminal defamation, the jury shall determine both questions of law and of fact. Questions of law and fact must be decided by the court when a trial by jury is waived under 46-16-110 (3).

Legislative History

En. 95-1901 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 4, L. 1973; R.C.M. 1947, 95-1901(a), (b); amd. Sec. 17, Ch. 116, L. 1979; amd. Sec. 262, Ch. 800, L. 1991; amd. Sec. 15, Ch. 395, L. 1999.