Montana Code 46-12-201. Manner of conducting arraignment — use of two-way electronic audio-video communication — exception
46-12-201. Manner of conducting arraignment — use of two-way electronic audio-video communication — exception. (1) Arraignment must be conducted in open court and must consist of reading the charge to the defendant or stating to the defendant the substance of the charge and calling on the defendant to plead to the charge. The defendant must be given a copy of the charging document before being called upon to plead. For purposes of this chapter, an arraignment that is conducted by the use of two-way electronic audio-video communication, allowing all of the participants to be heard in the courtroom by all present and allowing the party to be seen, is considered to be an arraignment in open court.
Terms Used In Montana Code 46-12-201
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Arraignment: means the formal act of calling the defendant into open court to enter a plea answering a charge. See Montana Code 46-1-202
- 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.
- Judge: means a person who is vested by law with the power to perform judicial functions. See Montana Code 46-1-202
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
(2)The court shall inquire of the defendant or the defendant’s counsel the defendant’s true name, and if the defendant’s true name is given as any other than that used in the charge, the court shall order the defendant’s name to be substituted for the name under which the defendant is charged.
(3)The court shall determine whether the defendant is under any disability that would prevent the court, in its discretion, from proceeding with the arraignment. The arraignment may be continued until the court determines the defendant is able to proceed.
(4)Whenever the law requires that a defendant in a misdemeanor or felony case be taken before a court for an arraignment, this requirement may be satisfied by two-way electronic audio-video communication if neither party objects and the court agrees to its use and has informed the defendant that the defendant has the right to object to its use. The audio-video communication must operate so that the defendant and the judge can see each other simultaneously and converse with each other, so that the defendant and the defendant’s counsel, if any, can communicate privately, and so that the defendant and the defendant’s counsel are both physically present in the same place during the two-way electronic audio-video communication. The defendant may waive the requirement that the defendant’s counsel be in the defendant’s physical presence during the two-way electronic audio-video communication.
(5)A judge may order a defendant’s physical appearance in court for arraignment. In a felony case, a judge may not accept a plea of guilty or nolo contendere from a defendant unless the defendant is physically present in the courtroom or is appearing before the court by means of two-way electronic audio-video communication.