Montana § 46-13-203 Change Of Place Of Trial For Prejudice

Montana Statutes

§ 46-13-203 — Change Of Place Of Trial For Prejudice

Montana·Title 46 CRIMINAL PROCEDURE·Ch. 13 PRETRIAL MOTIONS·Part 2 Specific Pretrial Motions

46-13-203 . Change of place of trial for prejudice.

(1)The defendant or the prosecution may move for a change of place of trial on the ground that there exists in the county in which the charge is pending such prejudice that a fair trial cannot be had in the county.

(2)If the district court determines that there exists in the county in which the prosecution is pending such prejudice that a fair trial cannot be had, the district court shall:

(a)transfer the cause to any other county in which a fair trial may be had;

(b)direct that a jury be selected in any county where a fair trial may be had and then returned to the county where the prosecution is pending to try the case; or

(c)take any other action designed to ensure that a fair trial may be had.

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46-13-203 . Change of place of trial for prejudice. (1) The defendant or the prosecution may move for a change of place of trial on the ground that there exists in the county in which the charge is pending such prejudice that a fair trial cannot be had in the county.
(2) If the district court determines that there exists in the county in which the prosecution is pending such prejudice that a fair trial cannot be had, the district court shall:
(a) transfer the cause to any other county in which a fair trial may be had;
(b) direct that a jury be selected in any county where a fair trial may be had and then returned to the county where the prosecution is pending to try the case; or
(c) take any other action designed to ensure that a fair trial may be had.

Montana § 46-13-203 (Change Of Place Of Trial For Prejudice) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

En. 95-1710 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1710; amd. Sec. 14, Ch. 116, L. 1979; amd. Sec. 1, Ch. 556, L. 1981; amd. Sec. 174, Ch. 800, L. 1991; amd. Sec. 26, Ch. 262, L. 1993.