Montana Statutes
§ 46-16-110 — Right To Jury Trial -- Waiver
46-16-110 . Right to jury trial -- waiver.
(1)The parties in a felony case have a right to trial by a jury of 12 persons.
(2)The parties may agree in writing at any time before the verdict, with the approval of the court, that the jury shall consist of any number less than that to which they are entitled.
(3)Upon written consent of the parties, a trial by jury may be waived.
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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(c), (d); amd. Sec. 188, Ch. 800, L. 1991; Sec. 46-16-102 , MCA 1989; redes. 46-16-110 by Code Commissioner, 1991; amd. Sec. 1, Ch. 7, L. 1995.
Nearby Sections
15
§ 46-16-101
Who Given Precedence On Calendar§ 46-16-102
Renumbered 46-16-110§ 46-16-103
Who Decides Questions Of Law And Fact§ 46-16-104
Plea Of Not Guilty§ 46-16-106
Time To Prepare For Trial§ 46-16-107
Repealed§ 46-16-108
Repealed§ 46-16-109
Reserved§ 46-16-110
Right To Jury Trial -- Waiver§ 46-16-111
Formation Of Trial Jury§ 46-16-112
Motion To Discharge Jury Panel§ 46-16-113
Reserved§ 46-16-114
Examination Of Prospective Jurors§ 46-16-115
Challenges For Cause