Montana Code 46-16-401. Order of trial
46-16-401. Order of trial. (1) After the jury is sworn but before the introduction of any evidence, the court may give the jury general instructions concerning the conduct of the trial. The court shall give the jury such cautionary instructions as may be required during the course of the trial.
Terms Used In Montana Code 46-16-401
- 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.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Prosecutor: means an elected or appointed attorney who is vested by law with the power to initiate and carry out criminal proceedings on behalf of the state or a political subdivision. See Montana Code 46-1-202
- Statement: means :
(a)a writing signed or otherwise adopted or approved by a person;
(b)a video or audio recording of a person's communications or a transcript of the communications; and
(c)a writing containing a summary of a person's oral communications or admissions. See Montana Code 46-1-202
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2)The prosecutor may make an opening statement and shall offer evidence in support of the prosecution. The defendant may make an opening statement prior to the prosecutor’s offer of evidence or at the close of the prosecution’s case but prior to the defendant’s offer of evidence.
(3)The prosecutor and the defendant may, respectively, offer rebutting testimony only. However, the court, for good cause, may permit either party to offer evidence upon the original case at any time before the close of evidence.
(4)Prior to final arguments, the court shall inform the parties as to the instructions that will be given and read them to the jury.
(5)A written copy of the instructions, both general and special, must be delivered to the jury for its consideration during deliberations following the final arguments.