Terms Used In Montana Code > Title 46 > Chapter 4 - Investigative Procedures

• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
• Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
• Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
• Decedent: A deceased person.
• 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.
• Eyewitness: means a person whose identification by sight of another person may be relevant in a criminal proceeding. See Montana Code 46-4-501
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
• Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
• 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.
• Juror: A person who is on the jury.
• Knowingly: means only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See Montana Code 1-1-204
• Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
• Peace officer: means any person who by virtue of the person's office or public employment is vested by law with a duty to maintain public order and make arrests for offenses while acting within the scope of the person's authority. See Montana Code 46-1-202
• Pen register: means a device that records or decodes electronic or other impulses that identify a number dialed or otherwise transmitted on a telephone line to which the pen register is attached. See Montana Code 46-4-401
• Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
• Photographic lineup: means an array of photographs displayed to an eyewitness for the purpose of determining if the eyewitness can identify the perpetrator of a crime. See Montana Code 46-4-501
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
• 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
• Public defender: Represent defendants who can't afford an attorney in criminal matters.
• Search warrant: means an order that is:

  (a)in writing;

  (b)in the name of the state;

  (c)signed by a judge;

  (d)a particular description of the place, object, or person to be searched and the evidence, contraband, or person to be seized; and

  (e)directed to a peace officer and commands the peace officer to search for evidence, contraband, or persons. 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

• Subpoena: A command to a witness to appear and give testimony.
• Subpoena duces tecum: A command to a witness to produce documents.
• Testify: Answer questions in court.
• Testify: means every mode of oral statement under oath or affirmation. See Montana Code 1-1-202
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trap and trace device: means a device that records or decodes incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire or electronic communication was transmitted. See Montana Code 46-4-401
• Verdict: The decision of a petit jury or a judge.
• Vessel: when used in reference to shipping, includes ships of all kinds, steamboats and steamships, canal boats, and every structure adapted to be navigated from place to place. See Montana Code 1-1-207
• 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
• Writing: includes printing. See Montana Code 1-1-203