Mont. Code Ann. » TITLE 25. CIVIL PROCEDURE · CHAPTER 7. TRIALS · Part 4. Conduct of Jury
Montana Code Annotated

Mont. Code Ann. § 25-7-405 (2026)

Jury's Request For Further Information

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 25
  3. CHAPTER 7
  4. Part 4
  5. 25-7-405 Jury's request for further information

TITLE 25. CIVIL PROCEDURE

CHAPTER 7. TRIALS

Part 4. Conduct of Jury

Jury's Request For Further Information

25-7-405. Jury's request for further information. After the jury has retired for deliberation, if there be a disagreement among the jurors as to any part of the testimony or if they desire to be informed of any point of law arising in the cause, they may require the officer to conduct them into court. Upon their being brought into court, the information required must be given in the presence of or after notice to the parties or counsel. Such information must be given in writing or taken down by the stenographer.

History: En. Sec. 140, p. 71, Bannack Stat.; amd. Sec. 168, p. 166, L. 1867; re-en. Sec. 208, p. 68, Cod. Stat. 1871; re-en. Sec. 258, p. 103, L. 1877; re-en. Sec. 258, 1st Div. Rev. Stat. 1879; re-en. Sec. 267, 1st Div. Comp. Stat. 1887; amd. Sec. 1085, C. Civ. Proc. 1895; re-en. Sec. 6751, Rev. C. 1907; re-en. Sec. 9354, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 614; re-en. Sec. 9354, R.C.M. 1935; R.C.M. 1947, 93-5106.

Notes of Decisions
Cited in 4 cases, 1982–2006 · leading case: Stockman Bank of Montana v. Potts, 2006 MT 64 (Mont. 2006).
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Stockman Bank of Montana v. Potts, 2006 MT 64 (Mont. 2006). · cites it 14× “Potts argues that the District Court violated § 25-7-405, MCA, when it refused such jury request.”
Henrichs v. Todd, 800 P.2d 710 (Mont. 1990). · cites it 10× “The conduct of the bailiff in this case is governed by § 25-7-403 and § 25-7-405, MCA. These statutes require that the bailiff is not to have any communication with the jury except by order of the court; and that if the jury has a question on testimony or on a point of law, it…”
Semenza v. Leitzke, 754 P.2d 509 (Mont. 1988). · cites it 3× “Section 25-7-405, MCA, provides the proper procedure to be followed when a jury submits a question to the court after it has begun deliberating: “After the jury has retired for deliberations, if there be a disagreement among the jurors as to any part of the testimony or if they…”
Fordyce v. Hansen, 646 P.2d 519 (Mont. 1982). · cites it 3× “” Of course the better practice, to avoid error, would have been to conduct the jury into court for the desired information, pursuant to section 25-7-405, MCA. However, because of the innocuous nature of the communication to the jury here, we find no prejudicial error.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.