46-15-329. Sanctions. If at any time during the course of the proceeding it is brought to the attention of the court that a party has failed to comply with any of the provisions of this part or any order issued pursuant to this part, the court may impose any sanction that it finds just under the circumstances, including but not limited to:
(1) ordering disclosure of the information not previously disclosed;
(2) granting a continuance;
(3) holding a witness, party, or counsel in contempt for an intentional violation;
(4) precluding a party from calling a witness, offering evidence, or raising a defense not disclosed; or
(5) declaring a mistrial when necessary to prevent a miscarriage of justice.
History: En. Sec. 9, Ch. 202, L. 1985; amd. Sec. 144, 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