§ 46-16-201 Applicability of rules of evidence and civil rules
§ 46-16-202 Evidence on trial for treason
§ 46-16-203 Renumbered 45-5-111 and 45-5-112
§ 46-16-204 Defendant presumed innocent — reasonable doubt
§ 46-16-211 Who are competent witnesses
§ 46-16-212 Competency of spouses
§ 46-16-213 Testimony of person legally accountable
§ 46-16-214 reserved
§ 46-16-215 Use of confession
§ 46-16-216 Repealed
§ 46-16-220 Child hearsay exception — criminal proceedings
§ 46-16-221 Testimony of third person in cases of abuse of individual with developmental disability
§ 46-16-222 Testimony of third person in cases of exploitation of incapacitated person or vulnerable adult
§ 46-16-226 Definitions
§ 46-16-227 Raising issue of testimony of child witness outside presence of defendant — motion by prosecution or defense
§ 46-16-228 Hearing — procedure — evidence that may be received — protection for child witness
§ 46-16-229 Order for two-way electronic audio-video communication testimony — finding by court — procedure for conducting testimony
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Terms Used In Montana Code > Title 46 > Chapter 16 > Part 2 - Rules of Evidence for Criminal Cases

  • Circumstantial evidence: All evidence except eyewitness testimony.
  • Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Defense attorney: Represent defendants in criminal matters.
  • 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.
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • 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.
  • Judge: means a person who is vested by law with the power to perform judicial functions. See Montana Code 46-1-202
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. 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
  • 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

  • Testify: Answer questions in court.
  • Testify: means every mode of oral statement under oath or affirmation. See Montana Code 1-1-202
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • 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