46-15-325. Failure to call a witness or raise a defense. The fact that a witness’s name is on a list furnished pursuant to this part but the witness does not testify or that a matter contained in a pretrial notice is not raised may not be commented upon at trial unless the court, on motion of a party, allows comment after finding that the inclusion of the witness’s name or the pretrial notice constituted an abuse of the applicable disclosure requirement or that other good cause is shown.

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Terms Used In Montana Code 46-15-325

  • Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
  • 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