Montana Code Annotated

Mont. Code Ann. § 3-15-405 (2026)

Notice To Jurors

✓ current as of May 2026
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TITLE 3. JUDICIARY, COURTS

CHAPTER 15. JURIES AND JURORS

Part 4. Jury Lists

Notice To Jurors

3-15-405. Notice to jurors. The clerk of court shall serve notice by mail on the persons drawn as jurors. The clerk of court may attach to the notice a jury questionnaire and a form for an affidavit claiming an excuse from service provided for in 3-15-313.

History: En. Sec. 1, Ch. 241, L. 1999; amd. Sec. 1, Ch. 428, L. 2025.

Notes of Decisions
Cited in 13 cases (11 in the last 5 years), 2000–2026 · leading case: State v. B. Hillious, 2025 MT 53, 565 P.3d 1218.
State v. B. Hillious, 2025 MT 53, 565 P.3d 1218. · cites it 67× “During the pendency of this appeal and more than a year and a half after his conviction, Hillious filed a motion for new trial arguing that the clerk failed to comply with § 3-15-405, MCA, in assembling the jury panel for his case.”
State v. LaMere, 2000 MT 45, 2 P.3d 204. · cites it 4× “telephone service in Cascade County: ABOVE POVERTY BELOW POVERTY With Without With Without Phone Phone Phone Phone Anglo American 24,090 660 3,108 719 Native American 388 58 255 203 Asian American 154 6 21 0 African American 264 7 60 6 Other Races 94 10 23 7 [2] In 1999 the…”
State v. J. Kalina, 2025 MT 70, 567 P.3d 270. · cites it 16× “¶20 On March 6, 2024, while this appeal was pending and almost a year and a half after his conviction, Kalina moved a second time for a new trial arguing that the clerk failed to comply with § 3-15-405, MCA, in assembling the jury panel for his case.”
Suzor v. Int'l Paper Co., 2016 MT 344, 386 P.3d 584. · cites it 6× “¶33 Section 3-15-405, MCA, allows a clerk of court to attach questionnaires to the notices sent to all jurors drawn from the jury pool.”
State v. R. Donahue, 2025 MT 144. · cites it 6× “Montana’s jury selection statutes contemplate a jury drawn from a fair cross-section of the community. Hillious, ¶ 15.”
State v. J. Kerr, 2025 MT 73N, 566 P.3d 1106. · cites it 19× “¶4 Kerr asserted that the clerk of court had violated § 3-15-405, MCA. It provides that after the clerk sends notice to the persons drawn as jurors, the clerk must certify a list of nonresponders to the sheriff, “who shall serve the notice personally on the person and make…”
State v. B. Bagnell, 2025 MT 81N, 566 P.3d 1108. · cites it 15× “In his motion, Bagnell argued that that the Clerk of the District Court had failed to comply with § 3-15-405, MCA, in selecting the jury panel for his case.”
State v. Burchill, 2025 MT 82N, 566 P.3d 1107. · cites it 13× “Because the briefing in this case had already been fully submitted by the time of his filing, Burchill’s additional arguments are untimely, so we do not consider them.”
State v. R. French, 2025 MT 280. · cites it 13× “1 ¶14 Nearly a year and half later, French filed a motion for new trial, claiming that the District Court had not followed the jury selection process required under § 3-15-405, MCA (2023), and, in the interest of justice, a new trial was necessary.”
State v. Craft, 2025 MT 75N, 566 P.3d 1106. · cites it 9× “Thus, the requirements of § 3-15-405, MCA, were not properly followed.”
State v. B. Henderson, 2026 MT 17. · cites it 4× “Zeman and Henderson resided together at Paul’s home until Henderson’s 1 Additionally, Henderson argued in her opening brief that the District Court abused its discretion in denying her motion for new trial which had been based on Cascade County’s failure to substantially comply…”
Hedrick v. 11th Jud. Dist. (Mont. 2023). · cites it 2× “Hedrick alleges that structural error occurred in the jury selection process because the Flathead County Clerk of Court did not substantially comply with § 3-15-405, MCA, by not "following up" with prospective jurors who failed to respond to the Jury Notice and that the District…”
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.