Terms Used In Montana Code > Title 46 > Chapter 16 > Part 7 - Motion for a New Trial

• 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.
• 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.
• Included offense: means an offense that:

  (a)is established by proof of the same or less than all the facts required to establish the commission of the offense charged;

  (b)consists of an attempt to commit the offense charged or to commit an offense otherwise included in the offense charged; or

  (c)differs from the offense charged only in the respect that a less serious injury or risk to the same person, property, or public interest or a lesser kind of culpability suffices to establish its commission. See Montana Code 46-1-202

• New trial: means a reexamination of the issue in the same court before another jury after a verdict or finding has been rendered. See Montana Code 46-1-202
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Verdict: The decision of a petit jury or a judge.
• Writing: includes printing. See Montana Code 1-1-203