Montana Code Annotated

Mont. Code Ann. § 46-11-101 (2026)

Methods Of Commencing Prosecution

✓ current as of May 2026
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TITLE 46. CRIMINAL PROCEDURE

CHAPTER 11. COMMENCEMENT OF PROSECUTION

Part 1. Methods of Commencing Prosecution

Methods Of Commencing Prosecution

46-11-101. Methods of commencing prosecution. A prosecution may be commenced by:

(1) a complaint;

(2) an information following a preliminary examination or waiver of a preliminary examination;

(3) an information after leave of court has been granted; or

(4) an indictment upon a finding by a grand jury.

History: En. 95-1501 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1501; amd. Sec. 94, Ch. 800, L. 1991.

Notes of Decisions
Cited in 28 cases (17 in the last 5 years), 1981–2025 · leading case: Montgomery v. State, 2015 MT 151 (Mont. 2015).
Montgomery v. State, 2015 MT 151 (Mont. 2015). · cites it 10× “2d 780 , 783 (1975); § 46-11-101, MCA. Montgomery references late 19th century Montana case law when grand jury indictments primarily were used, but Montana courts long ago moved away from that process.”
State v. Woods, 662 P.2d 579 (Mont. 1983). · cites it 6× “The applicable statutes are sections 46-11-101, 46-11-102, and 46-11-201, MCA.”
State v. Passmore, 2010 MT 34 (Mont. 2010). · cites it 2× “Moreover, the term “preaccusation” better reflects the fact that there are several methods of commencing a prosecution, see § 46-11-101, MCA, and the fact that the right at issue here applies to the period before official accusation.”
State v. Larson, 623 P.2d 954 (Mont. 1981). · cites it 3× “The State chose to institute its prosecution against defendant by filing a complaint on April 13, 1979, charging him with felony arson and criminal mischief.”
State v. Pease, 740 P.2d 659 (Mont. 1987). · cites it 3× “Pease contends that he was denied a fair trial because the court denied his motion for a change of venue in spite of the local publicity generated by his trial.”
State v. Strobel, 885 P.2d 503 (Mont. 1994). · cites it 16× “However, here, the information was filed in the District Court only after the County Attorney obtained leave of the court to file the information, an alternative method allowed under § 46-11-101, MCA, for commencing a prosecution.”
State v. Ditton, 2009 MT 57 (Mont. 2009). · cites it 2× “¶ 27 In this connection, it is important to note the distinction between an information or indictment, either of which are required for the filing of criminal charges in district court, see §§ 46-11-101 and -102, MCA, and the Notice to Appear and Complaint which was filed…”
Obert v. State, 2024 MT 270 (Mont. 2024). · cites it 3× “, §§ 46-11-101, -110, -201(1)-(2), and -401(1)-(4), MCA (prosecutor-instituted misdemeanor complaint and felony Information charging procedure).”
State v. Brown, 1999 MT 339 (Mont. 1999). · cites it 2× “Brown also refers to the provisions of §§ 46-11-101 and -110, MCA, as to the determination of probable cause.”
State v. Hildreth, 884 P.2d 771 (Mont. 1994). “However, the information filed against him states that the offense occurred on or about November 16,1989.”
State v. Partain, 2025 MT 83 (Mont. 2025). · cites it 3× “Instead, a criminal prosecution may only be commenced by (1) a complaint; (2) an information following a preliminary examination or waiver of a preliminary examination; (3) an information after leave of court has been granted; or (4) an indictment upon a finding by a grand jury.”
State v. H. Vaska, 2025 MT 168 (Mont. 2025). · cites it 10× “”5 Sections 46-11-101, -102, MCA; see also Mont.”
— Mont. Code Ann. § 46-11-101(1) — 5 cases
Montgomery v. State, 2015 MT 151 (Mont. 2015). “2d 780 , 783 (1975); § 46-11-101, MCA. Montgomery references late 19th century Montana case law when grand jury indictments primarily were used, but Montana courts long ago moved away from that process.”
Thibert v. Bludworth (D. Mont. 2023).
State v. Jackson, 2015 MT 87N (Mont. 2015).
D. Ulrich v. Bludworth (Mont. 2023).
M. Thibert v. Bludworth (Mont. 2023).
— Mont. Code Ann. § 46-11-101(2) — 2 cases
State v. H. Vaska, 2025 MT 168 (Mont. 2025). “”5 Sections 46-11-101, -102, MCA; see also Mont.”
State v. H. Vaska, 2025 MT 168 (Mont. 2025).
— Mont. Code Ann. § 46-11-101(3) — 16 cases
Montgomery v. State, 2015 MT 151 (Mont. 2015). “2d 780 , 783 (1975); § 46-11-101, MCA. Montgomery references late 19th century Montana case law when grand jury indictments primarily were used, but Montana courts long ago moved away from that process.”
Obert v. State, 2024 MT 270 (Mont. 2024). “, §§ 46-11-101, -110, -201(1)-(2), and -401(1)-(4), MCA (prosecutor-instituted misdemeanor complaint and felony Information charging procedure).”
State v. H. Vaska, 2025 MT 168 (Mont. 2025). “”5 Sections 46-11-101, -102, MCA; see also Mont.”
Leas v. Salmonsen (Mont. 2023).
Henderson v. Salmonsen (Mont. 2023).
— Mont. Code Ann. § 46-11-101(4) — 2 cases
State v. H. Vaska, 2025 MT 168 (Mont. 2025). “”5 Sections 46-11-101, -102, MCA; see also Mont.”
State v. H. Vaska, 2025 MT 168 (Mont. 2025).
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