46-15-329. Sanctions. If at any time during the course of the proceeding it is brought to the attention of the court that a party has failed to comply with any of the provisions of this part or any order issued pursuant to this part, the court may impose any sanction that it finds just under the circumstances, including but not limited to:

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Terms Used In Montana Code 46-15-329

  • Continuance: Putting off of a hearing ot trial until a later time.
  • Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
  • 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.
  • Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
  • 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

(1)ordering disclosure of the information not previously disclosed;

(2)granting a continuance;

(3)holding a witness, party, or counsel in contempt for an intentional violation;

(4)precluding a party from calling a witness, offering evidence, or raising a defense not disclosed; or

(5)declaring a mistrial when necessary to prevent a miscarriage of justice.