46-11-301. Summoning grand jury. (1) A grand jury may only be drawn and summoned when the district judge, in the judge's discretion, considers a grand jury to be in the public interest and orders the grand jury to be drawn or summoned. The composition and drawing of a grand jury must be in accordance with the provisions of Title 3, chapter 15, part 6.
(2) The district judge may direct the selection of one or more alternate jurors, who shall sit as regular jurors before an indictment is found or a grand jury investigation is concluded. A member of the jury who becomes unable to perform the juror's duty may be replaced by an alternate.
History: En. 95-1401 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 3, L. 1973; R.C.M. 1947, 95-1401(part); amd. Sec. 101, Ch. 800, L. 1991; amd. Sec. 1743, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 11. Commencement of Prosecution
46-11-301. Summoning grand jury
46-11-302. Challenges to grand jury or grand jurors
46-11-304. Appointing special prosecutor
46-11-305. and 46-11-306 reserved
46-11-310. Duties of grand jurors
46-11-311. Charge to grand jury
46-11-313. Subpoena of witnesses
46-11-314. Reception of evidence
46-11-315. Advice and assistance to grand jury
46-11-316. Recorded proceedings
46-11-317. Secrecy of proceedings -- disclosure
46-11-318. Discharge of grand jury
46-11-319. Expenses of grand jury
46-11-320. through 46-11-330 reserved