25-7-222. Challenges to the array or panel. (1) A challenge to the array or panel may be made and the whole array or panel set aside by the court when the jury was not selected, drawn, summoned, or notified as prescribed by law. It is not a valid objection to a jury that it contains none of the jurors originally returned to the court or is only partially composed of such jurors.
(2) There can be only one challenge on a side to the array or panel, which may be made by one or more of the parties.
History: Ap. p. Sec. 1058, C. Civ. Proc. 1895; re-en. Sec. 6739, Rev. C. 1907; re-en. Sec. 9342, R.C.M. 1921; re-en. Sec. 9342, R.C.M. 1935; Sec. 93-5009, R.C.M. 1947; Ap. p. Sec. 133, p. 69, Bannack Stat.; re-en. Sec. 161, p. 164, L. 1867; amd. Sec. 197, p. 66, Cod. Stat. 1871; amd. Sec. 248, p. 100, L. 1877; amd. Sec. 248, 1st Div. Rev. Stat. 1879; re-en. Sec. 257, 1st Div. Comp. Stat. 1887; re-en. Sec. 1059, C. Civ. Proc. 1895; re-en. Sec. 6740, Rev. C. 1907; re-en. Sec. 9343, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 301; re-en. Sec. 9343, R.C.M. 1935; amd. Sec. 1, Ch. 300, L. 1971; Sec. 93-5010, R.C.M. 1947; R.C.M. 1947, 93-5009, 93-5010(part).
Structure Montana Code Annotated
25-7-201. When a jury is to be selected
25-7-202. Judge or jury commissioner to draw ballots
25-7-203. Drawing a new jury when another is impaneled
25-7-204. Mode of drawing ballots
25-7-205. Persons drawn and approved to form jury
25-7-206. Procedure when insufficient number attend
25-7-208. Ballots of jurors who have been sworn
25-7-209. Ballots of jurors not sworn
25-7-211. through 25-7-220 reserved
25-7-221. Challenges to jurors and the jury
25-7-222. Challenges to the array or panel