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

Montana Statutes

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

Montana § 46-13-203

Title 46CRIMINAL PROCEDURE

Ch. 13PRETRIAL MOTIONS

Part 2Specific Pretrial Motions

This text of Montana § 46-13-203 (Change Of Place Of Trial For Prejudice) 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. § 46-13-203 (2026).

Text

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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.