Montana Code 46-10-105. Preliminary examination — when held
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46-10-105. Preliminary examination — when held. After the initial appearance, in all cases in which the charge is triable in district court, the justice’s court shall, within a reasonable time, hold a preliminary examination unless:
Terms Used In Montana Code 46-10-105
- 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
- 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.
- 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.
- Preliminary examination: means a hearing before a judge for the purpose of determining if there is probable cause to believe a felony has been committed by the defendant. See Montana Code 46-1-202
(1)the defendant waives a preliminary examination;
(2)the district court has granted leave to file an information;
(3)an indictment has been returned; or
(4)the case is triable in justice’s court.