Terms Used In Montana Code > Title 46 > Chapter 10 > Part 2 - Procedure at Preliminary Examination

• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Charge: means a written statement that accuses a person of the commission of an offense, that is presented to a court, and that is contained in a complaint, information, or indictment. See Montana Code 46-1-202
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• 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.
• Judge: means a person who is vested by law with the power to perform judicial functions. See Montana Code 46-1-202
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Preliminary examination: means a hearing before a judge for the purpose of determining if there is probable cause to believe a felony has been committed by the defendant. See Montana Code 46-1-202
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• 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
• 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.
• Witness: means a person whose testimony is desired in a proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding. See Montana Code 46-1-202