46-16-110. Right to jury trial — waiver. (1) The parties in a felony case have a right to trial by a jury of 12 persons.

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Terms Used In Montana Code 46-16-110

  • 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.
  • Verdict: The decision of a petit jury or a judge.
  • Writing: includes printing. See Montana Code 1-1-203

(2)The parties may agree in writing at any time before the verdict, with the approval of the court, that the jury shall consist of any number less than that to which they are entitled.

(3)Upon written consent of the parties, a trial by jury may be waived.