46-11-332. Presenting the indictment. (1) An indictment, when found by the grand jury, must be signed by and presented by the lead juror to the district court in the presence of the grand jury and must be filed with the clerk. The district court shall then issue an arrest warrant or summons for the defendant.
(2) If a complaint or information is pending against the defendant and eight jurors do not concur in finding an indictment, the lead juror shall report the decision to the district court judge.
History: En. 95-1410 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 3, Ch. 3, L. 1973; R.C.M. 1947, 95-1410(b); amd. Sec. 117, Ch. 800, L. 1991; amd. Sec. 16, Ch. 262, L. 1993; amd. Sec. 1747, 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