Montana Code 46-16-123. Absence of defendant on receiving verdict or at sentencing
46-16-123. Absence of defendant on receiving verdict or at sentencing. (1) In all misdemeanor cases, the verdict may be returned and the sentence imposed without the defendant being present.
Terms Used In Montana Code 46-16-123
- 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.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Sentence: means the judicial disposition of a criminal proceeding upon a plea of guilty or nolo contendere or upon a verdict or finding of guilty. See Montana Code 46-1-202
- Verdict: The decision of a petit jury or a judge.
(2)(a) In all felony cases, the defendant shall appear in person when the verdict is returned or the sentence is imposed unless, after the exercise of due diligence to procure the defendant’s presence, the court finds that it is in the interest of justice that the verdict be returned and the sentence be pronounced in the defendant’s absence.
(b)For purposes of subsection (2)(a), the defendant’s appearance may be through 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 speaking to be seen. Audio-video communication may be used 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 as provided in 46-12-201.