Montana Title 46. Criminal Procedure § 46-16-112. Motion to discharge jury panel

(1) Any objection to the manner in which a jury panel has been selected, drawn, notified, or summoned must be raised by a motion to discharge the jury panel.  Except for good cause shown, the motion must be made at least 5 days prior to the start of the trial for which the jury is impaneled.  To demonstrate good cause for the failure to raise a timely challenge, a party shall demonstrate that the party made a diligent and timely effort to investigate the manner in which the jury panel was selected, drawn, notified, or summoned.

(2) The motion must be in writing supported by affidavit and must state facts that show that the jury panel was improperly selected, drawn, notified, or summoned.

(3) If the motion states facts that show that the jury panel has been improperly selected, drawn, notified, or summoned, it is the duty of the court to conduct a hearing.  The burden of proof is on the movant.

(4) If the court finds that the jury panel was improperly selected, drawn, notified, or summoned, the court shall order the jury panel discharged and the selection and drawing of a new panel in the manner provided by law.

(5) A motion to discharge a jury must be founded only on a material departure from the law in respect to the selection, drawing, notification, or summoning of the jury panel.