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

Montana Statutes

§ 46-16-702 — Motion For A New Trial

Montana § 46-16-702

Title 46CRIMINAL PROCEDURE

Ch. 16TRIAL

Part 7Motion for a New Trial

This text of Montana § 46-16-702 (Motion For A New Trial) 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. § 46-16-702 (2026).

Text

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.

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.