Montana Code 46-11-601. Recognizance by or deposition of witness
46-11-601. Recognizance by or deposition of witness. (1) If the defendant is held to answer after a preliminary examination, after the defendant has waived a preliminary examination, after the district court has granted leave to file an information, or after an indictment has been returned, the judge may:
Terms Used In Montana Code 46-11-601
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- 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.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Deposition: means a written declaration under oath or affirmation, made upon notice to the adverse party for the purpose of enabling the adverse party to attend and cross-examine. See Montana Code 1-1-202
- 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
- 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
- Prosecutor: means an elected or appointed attorney who is vested by law with the power to initiate and carry out criminal proceedings on behalf of the state or a political subdivision. See Montana Code 46-1-202
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- 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
(a)require any material witness for the state or defendant to enter into a written undertaking to appear at the trial; and
(b)provide for the forfeiture of a sum certain in the event the witness does not appear at the trial.
(2)Any witness who refuses to enter into a written undertaking may be remanded to custody but may not be held longer than is necessary to take the witness’s deposition. After the deposition is taken, the witness must be immediately discharged.
(3)The deposition must be taken in the presence of the prosecutor and the defendant and the defendant’s counsel unless either the prosecutor or the defendant and the defendant’s counsel fail to attend after reasonable notice of the time and place set for taking the deposition.