46-15-325. Failure to call a witness or raise a defense. The fact that a witness's name is on a list furnished pursuant to this part but the witness does not testify or that a matter contained in a pretrial notice is not raised may not be commented upon at trial unless the court, on motion of a party, allows comment after finding that the inclusion of the witness's name or the pretrial notice constituted an abuse of the applicable disclosure requirement or that other good cause is shown.
History: En. Sec. 5, Ch. 202, L. 1985; amd. Sec. 140, Ch. 800, L. 1991.
Structure Montana Code Annotated
Chapter 15. Production of Evidence
Part 3. Discovery -- Immunity for Witnesses
46-15-304. through 46-15-310 reserved
46-15-311. Renumbered 46-15-331
46-15-312. Renumbered 46-15-332
46-15-313. through 46-15-319 reserved
46-15-320. Interview of child under age 16
46-15-322. Disclosure by prosecution
46-15-323. Disclosure by defendant
46-15-324. Materials not subject to disclosure
46-15-325. Failure to call a witness or raise a defense
46-15-327. Continuing duty to disclose
46-15-328. Excision and protective orders
46-15-330. Investigation not to be impeded
46-15-331. Compelling testimony or production of evidence -- immunity