Montana § 46-16-702 Motion For A New Trial

Montana Statutes

§ 46-16-702 — Motion For A New Trial

Montana·Title 46 CRIMINAL PROCEDURE·Ch. 16 TRIAL·Part 7 Motion for a New Trial

46-16-702 . Motion for a new trial.

(1)Following a verdict or finding of guilty, the court may grant the defendant a new trial if required in the interest of justice. A new trial may be ordered by the court without a motion or may be granted after motion and hearing.

(2)The motion for a new trial must be in writing and must specify the grounds for a new trial. The motion must be filed by the defendant within 30 days following a verdict or finding of guilty and be served upon the prosecution.

(3)On hearing the motion for a new trial, if justified by law and the weight of the evidence, the court may:

(a)deny the motion;

(b)grant a new trial; or

(c)modify or change the verdict or finding by finding the defendant guilty of a lesser included offense or finding the defendant not guilty.

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46-16-702 . Motion for a new trial. (1) Following a verdict or finding of guilty, the court may grant the defendant a new trial if required in the interest of justice. A new trial may be ordered by the court without a motion or may be granted after motion and hearing.
(2) The motion for a new trial must be in writing and must specify the grounds for a new trial. The motion must be filed by the defendant within 30 days following a verdict or finding of guilty and be served upon the prosecution.
(3) On hearing the motion for a new trial, if justified by law and the weight of the evidence, the court may:
(a) deny the motion;
(b) grant a new trial; or
(c) modify or change the verdict or finding by finding the defendant guilty of a lesser included offense or finding the defendant not guilty.

Montana § 46-16-702 (Motion For A New Trial) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

En. 95-2101 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 35, Ch. 184, L. 1977; R.C.M. 1947, 95-2101(2); amd. Sec. 19, Ch. 116, L. 1979; amd. Sec. 214, Ch. 800, L. 1991; amd. Sec. 1, Ch. 301, L. 1999.