Terms Used In Montana Code > Title 46 > Chapter 9 > Part 2 - Bail -- General Procedural Provisions

• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bail: means the security given for the primary purpose of ensuring the presence of the defendant in a pending criminal proceeding. See Montana Code 46-1-202
• 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.
• 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.
• Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.