Montana Code 46-16-112. Motion to discharge jury panel
46-16-112. Motion to discharge jury panel. (1) Any objection to the manner in which a jury panel has been selected or drawn must be raised by a motion to discharge the jury panel. Except for good cause shown, the motion must be made at least 5 days prior to the term for which the jury is drawn.
Terms Used In Montana Code 46-16-112
- Court: means a place where justice is judicially administered and includes the judge of the court. 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
- Writing: includes printing. See Montana Code 1-1-203
(2)The motion must be in writing supported by affidavit and must state facts that show that the jury panel was improperly selected or drawn.
(3)If the motion states facts that show that the jury panel has been improperly selected or drawn, it is the duty of the court to conduct a hearing. The burden of proof is on the movant.
(4)If the court finds that the jury panel was improperly selected or drawn, the court shall order the jury panel discharged and the selection or drawing of a new panel in the manner provided by law.