Terms Used In Montana Code > Title 46 > Chapter 11 > Part 4 - The Charge

• Charge: means a written statement that accuses a person of the commission of an offense, that is presented to a court, and that is contained in a complaint, information, or indictment. See Montana Code 46-1-202
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
• Customary: means according to usage. See Montana Code 1-1-206
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Juror: A person who is on the jury.
• Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
• Peace officer: means any person who by virtue of the person's office or public employment is vested by law with a duty to maintain public order and make arrests for offenses while acting within the scope of the person's authority. See Montana Code 46-1-202
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Prosecutor: means an elected or appointed attorney who is vested by law with the power to initiate and carry out criminal proceedings on behalf of the state or a political subdivision. See Montana Code 46-1-202
• Same transaction: means conduct consisting of a series of acts or omissions that are motivated by:

  (a)a purpose to accomplish a criminal objective and that are necessary or incidental to the accomplishment of that objective; or

  (b)a common purpose or plan that results in the repeated commission of the same offense or effect upon the same person or the property of the same person. See Montana Code 46-1-202

• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
• Statement: means :

  (a)a writing signed or otherwise adopted or approved by a person;

  (b)a video or audio recording of a person's communications or a transcript of the communications; and

  (c)a writing containing a summary of a person's oral communications or admissions. See Montana Code 46-1-202

• Statute: A law passed by a legislature.
• Verdict: The decision of a petit jury or a judge.
• Witness: means a person whose testimony is desired in a proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding. See Montana Code 46-1-202
• Writing: includes printing. See Montana Code 1-1-203