53-21-125. Request for jury trial. At any time prior to the date set for hearing, the respondent, through counsel, may request a jury trial, and upon the request, the time set for hearing must be vacated and the matter set on the court‘s jury calendar at the earliest date possible, the matter taking precedence over all other matters. If there is not a jury in attendance, a jury must be selected in the manner provided in 3-15-506 and a date must be set for trial by a jury within 7 days, exclusive of Saturdays, Sundays, and holidays.

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Terms Used In Montana Code 53-21-125

  • Court: means any district court of the state of Montana. See Montana Code 53-21-102
  • Respondent: means a person alleged in a petition filed pursuant to this part to be suffering from a mental disorder and requiring commitment. See Montana Code 53-21-102
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.