Montana Code 46-16-116. Peremptory challenges
46-16-116. Peremptory challenges. (1) Each defendant is allowed eight peremptory challenges in capital cases and six in all other cases tried in the district court before a 12-person jury. There may not be additional challenges for separate counts charged in the indictment or information.
Terms Used In Montana Code 46-16-116
- Capital offense: A crime punishable by death.
- 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.
- 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.
- 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)If the indictment or information charges a capital offense as well as lesser offenses in separate counts, the maximum number of challenges is eight.
(3)The state is allowed the same number of peremptory challenges as all of the defendants.
(4)In a criminal case tried before a six-person jury, the prosecution and all the defendants are allowed three peremptory challenges each.
(5)When the parties in a criminal case in the district court agree upon a jury consisting of a number of persons other than 6 or 12, they shall also agree in writing upon the number of peremptory challenges to be allowed.