46-16-112. Motion to discharge jury panel. (1) Any objection to the manner in which a jury panel has been selected or drawn must be raised by a motion to discharge the jury panel. Except for good cause shown, the motion must be made at least 5 days prior to the term for which the jury is drawn.
(2) The motion must be in writing supported by affidavit and must state facts that show that the jury panel was improperly selected or drawn.
(3) If the motion states facts that show that the jury panel has been improperly selected or drawn, it is the duty of the court to conduct a hearing. The burden of proof is on the movant.
(4) If the court finds that the jury panel was improperly selected or drawn, the court shall order the jury panel discharged and the selection or drawing of a new panel in the manner provided by law.
History: En. 95-1908 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1908; amd. Sec. 190, Ch. 800, L. 1991; Sec. 46-16-302, MCA 1989; redes. 46-16-112 by Code Commissioner, 1991.
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