Montana § 46-16-116 Peremptory Challenges

Montana Statutes

§ 46-16-116 — Peremptory Challenges

Montana § 46-16-116

Title 46CRIMINAL PROCEDURE

Ch. 16TRIAL

Part 1General Provisions

This text of Montana § 46-16-116 (Peremptory Challenges) 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. § 46-16-116 (2026).

Text

46-16-116 . Peremptory challenges.

(1)Each defendant is allowed eight peremptory challenges in capital cases and six in all other cases tried in the district court before a 12-person jury. There may not be additional challenges for separate counts charged in the indictment or information.

(2)If the indictment or information charges a capital offense as well as lesser offenses in separate counts, the maximum number of challenges is eight.

(3)The state is allowed the same number of peremptory challenges as all of the defendants.

(4)In a criminal case tried before a six-person jury, the prosecution and all the defendants are allowed three peremptory challenges each.

(5)When the parties in a criminal case in the district court agree upon a jury consisting of a number of persons other than

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46-16-116 . Peremptory challenges. (1) Each defendant is allowed eight peremptory challenges in capital cases and six in all other cases tried in the district court before a 12-person jury. There may not be additional challenges for separate counts charged in the indictment or information.
(2) If the indictment or information charges a capital offense as well as lesser offenses in separate counts, the maximum number of challenges is eight.
(3) The state is allowed the same number of peremptory challenges as all of the defendants.
(4) In a criminal case tried before a six-person jury, the prosecution and all the defendants are allowed three peremptory challenges each.
(5) When the parties in a criminal case in the district court agree upon a jury consisting of a number of persons other than 6 or 12, they shall also agree in writing upon the number of peremptory challenges to be allowed.

Legislative History

En. 95-1909 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 131, L. 1974; amd. Sec. 28, Ch. 184, L. 1977; R.C.M. 1947, 95-1909(6); amd. Sec. 193, Ch. 800, L. 1991; Sec. 46-16-305 , MCA 1989; redes. 46-16-116 by Code Commissioner, 1991; amd. Sec. 36, Ch. 262, L. 1993.