Montana Code 46-11-332. Presenting the indictment
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46-11-332. Presenting the indictment. (1) An indictment, when found by the grand jury, must be signed by and presented by the lead juror to the district court in the presence of the grand jury and must be filed with the clerk. The district court shall then issue an arrest warrant or summons for the defendant.
Terms Used In Montana Code 46-11-332
- 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
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.
- Judge: means a person who is vested by law with the power to perform judicial functions. See Montana Code 46-1-202
- Juror: A person who is on the jury.
(2)If a complaint or information is pending against the defendant and eight jurors do not concur in finding an indictment, the lead juror shall report the decision to the district court judge.