Montana § 46-7-101 Appearance Of Arrested Person -- Use Of Two-Way Electronic Audio-Video Communication

Montana Statutes

§ 46-7-101 — Appearance Of Arrested Person -- Use Of Two-Way Electronic Audio-Video Communication

Montana § 46-7-101

Title 46CRIMINAL PROCEDURE

Ch. 7INITIAL APPEARANCE OF ARRESTED PERSON

Part 1General Provisions

This text of Montana § 46-7-101 (Appearance Of Arrested Person -- Use Of Two-Way Electronic Audio-Video Communication) 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. § 46-7-101 (2026).

Text

46-7-101 . Appearance of arrested person -- use of two-way electronic audio-video communication.

(1)A person arrested, whether with or without a warrant, must be taken without unnecessary delay before the nearest and most accessible judge for an initial appearance.

(2)A defendant's initial appearance before a judge may, in the discretion of the court, be satisfied either by the defendant's physical appearance before the court or by two-way electronic audio-video communication. The audio-video communication must operate so that the defendant and the judge can see each other simultaneously and converse with each other and so that the defendant and the defendant's counsel, if any, can communicate privately. A judge may order a defendant's physical appearance in court for an initial appearan

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46-7-101 . Appearance of arrested person -- use of two-way electronic audio-video communication. (1) A person arrested, whether with or without a warrant, must be taken without unnecessary delay before the nearest and most accessible judge for an initial appearance.
(2) A defendant's initial appearance before a judge may, in the discretion of the court, be satisfied either by the defendant's physical appearance before the court or by two-way electronic audio-video communication. The audio-video communication must operate so that the defendant and the judge can see each other simultaneously and converse with each other and so that the defendant and the defendant's counsel, if any, can communicate privately. A judge may order a defendant's physical appearance in court for an initial appearance hearing.

Legislative History

En. 95-901 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-901; amd. Sec. 1, Ch. 710, L. 1991; amd. Sec. 87, Ch. 800, L. 1991; amd. Sec. 1737, Ch. 56, L. 2009.

Nearby Sections

3

§ 46-7-101

Appearance Of Arrested Person -- Use Of Two-Way Electronic Audio-Video Communication

§ 46-7-102

Duty Of Court

§ 46-7-103

Renumbered 46-10-105

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Bluebook (online)

Montana § 46-7-101, Counsel Stack Legal Research, https://law.counselstack.com/statute/mt/7/46-7-101.