46-11-316. Recorded proceedings. (1) The grand jury shall either appoint a stenographer to take in shorthand the testimony of witnesses or the testimony must be taken by a recording device, but the record so made must include the testimony of all witnesses on that particular investigation.
(2) The stenographic reporter or operator of a recording device shall, within 30 days after an indictment has been found, certify and file with the clerk of the district court the shorthand notes or the recordings made and an original transcript of the notes or recordings.
(3) An unintentional failure of any recording to reproduce all or any portion of a proceeding may not affect the validity of the prosecution.
History: En. 95-1406 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 15, Ch. 184, L. 1977; R.C.M. 1947, 95-1406(5); amd. Sec. 112, Ch. 800, L. 1991.
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