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Montana Title 46. Criminal Procedure § 46-13-203. Change of place of trial for prejudice

Current as of January 01, 2024 | Updated by Findlaw Staff

(1) The defendant or the prosecution may move for a change of place of trial on the ground that there exists in the county in which the charge is pending such prejudice that a fair trial cannot be had in the county.

(2) If the district court determines that there exists in the county in which the prosecution is pending such prejudice that a fair trial cannot be had, the district court shall:

(a) transfer the cause to any other county in which a fair trial may be had;

(b) direct that a jury be selected in any county where a fair trial may be had and then returned to the county where the prosecution is pending to try the case; or

(c) take any other action designed to ensure that a fair trial may be had.

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Cite this article: FindLaw.com - Montana Title 46. Criminal Procedure § 46-13-203. Change of place of trial for prejudice - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-46-criminal-procedure/mt-st-46-13-203/

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