46-16-110. Right to jury trial -- waiver. (1) The parties in a felony case have a right to trial by a jury of 12 persons.
(2) The parties may agree in writing at any time before the verdict, with the approval of the court, that the jury shall consist of any number less than that to which they are entitled.
(3) Upon written consent of the parties, a trial by jury may be waived.
History: En. 95-1901 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 4, L. 1973; R.C.M. 1947, 95-1901(c), (d); amd. Sec. 188, Ch. 800, L. 1991; Sec. 46-16-102, MCA 1989; redes. 46-16-110 by Code Commissioner, 1991; amd. Sec. 1, Ch. 7, L. 1995.
Structure Montana Code Annotated
46-16-101. Who given precedence on calendar
46-16-102. Renumbered 46-16-110
46-16-103. Who decides questions of law and fact
46-16-105. Plea of guilty -- use of two-way electronic audio-video communication
46-16-106. Time to prepare for trial
46-16-110. Right to jury trial -- waiver
46-16-111. Formation of trial jury
46-16-112. Motion to discharge jury panel
46-16-114. Examination of prospective jurors
46-16-115. Challenges for cause
46-16-116. Peremptory challenges
46-16-117. Time for challenges
46-16-120. Misdemeanor offenses
46-16-122. Absence of defendant from trial
46-16-123. Absence of defendant on receiving verdict or at sentencing
46-16-124. through 46-16-128 reserved
46-16-129. Pretrial diversion program state special revenue account