Montana Code Annotated

Mont. Code Ann. § 46-11-201 (2026)

Leave To File Information

✓ current as of May 2026

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TITLE 46. CRIMINAL PROCEDURE

CHAPTER 11. COMMENCEMENT OF PROSECUTION

Part 2. Filing of Information

Leave To File Information

46-11-201. Leave to file information. (1) The prosecutor may apply directly to the district court for permission to file an information against a named defendant. If the defendant named is a district court judge, the prosecutor shall apply directly to the supreme court for leave to file the information.

(2) An application must be by affidavit supported by evidence that the judge or chief justice may require. If it appears that there is probable cause to believe that an offense has been committed by the defendant, the judge or chief justice shall grant leave to file the information, otherwise the application is denied.

(3) When leave to file an information has been granted, a warrant or summons may issue for the defendant's arrest or appearance.

(4) When leave is granted to file an information against a district court judge, the chief justice shall designate and direct a judge of the district court of another district to preside at the trial of the information and hear and determine all pleas and motions affecting the defendant under the information before and after judgment. All necessary records must be transferred to the clerk of the district court of the district in which the action arose.

History: En. 95-1301 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1301(a), (b); amd. Sec. 98, Ch. 800, L. 1991.

Notes of Decisions

Cited in 52 cases (20 in the last 5 years), 1979–2026 · leading case: Renenger v. State, 426 P.3d 559 (Mont. 2018).

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Renenger v. State, 426 P.3d 559 (Mont. 2018). · cites it 5× “2d 343 , 346, 347 (1993) (holding that even absent the use of a defendant's statements as evidence to support probable cause, there was sufficient evidence for a district court to grant leave to file an information pursuant to § 46-11-201, MCA ); see also State v. Hamilton , 185…”

State v. Holt, 2006 MT 151 (Mont. 2006). · cites it 8× “The issue of whether a finding of probable cause to charge an offense is reviewed for abuse of discretion, as suggested by the official comments to § 46-11-201, MCA, or de novo, as suggested by the concurring opinion, is not presented by the facts of this case.”

State v. McWilliams, 2008 MT 59 (Mont. 2008). · cites it 4× “2d 1308, 1310 (1994) (citing § 46-11-201, MCA; State v. Thompson, 243 Mont.”

State v. Hamilton, 605 P.2d 1121 (Mont. 1980). · cites it 5× “Section 46-11-201(1), MCA, provides: “The county attorney may apply directly to the district court for permission to file an information against a named defendant.”

State v. Bretz, 605 P.2d 974 (Mont. 1979). · cites it 6× “1947, now section 46-11-201 MCA, provides in pertinent part: *988 "(a) The county attorney may apply directly to the district court for permission to file an information against a named defendant.”

State v. Harlson, 2006 MT 312 (Mont. 2006). · cites it 5× “He argues that the State failed to include sufficient evidence in the amended affidavit to support a finding of probable cause as required under § 46-11-201, MCA. ¶23 Section 46-11-201, MCA, provides: (1) The prosecutor may apply directly to the district court for permission to…”

State v. Buckingham, 783 P.2d 1331 (Mont. 1989). · cites it 5× “*256 Relying on § 46-11-201, MCA, the State maintains that the information was proper and there was no abuse of discretion.”

State v. Elliott, 2002 MT 26 (Mont. 2002). · cites it 3× “¶25 Section 46-11-201, MCA, governs the filing of an information and provides in pertinent part: (1) The prosecutor may apply directly to the district court for permission to file an information against a named defendant.”

State v. Higley, 621 P.2d 1043 (Mont. 1980). · cites it 3× “) The purpose of the preliminary hearing is to determine whether there is probable cause to believe that a felony has been committed.”

State v. T. Giffin, 2021 MT 190 (Mont. 2021). · cites it 4× “¶9 Though the precise question of what standard of review should be applied was not directly before the Court in Holt, Justice Nelson's concurrence discussed the issue at length.”

State v. Woods, 662 P.2d 579 (Mont. 1983). · cites it 4× “And section 46-11-201(1), sets forth the requirements for filing an information when the State seeks leave to file an information.”

State v. Villanueva, 2005 MT 192 (Mont. 2005). · cites it 3× “¶19 Section 46-11-201, MCA, governs the filing of an Information.”

Show all 52 citing cases →

— Mont. Code Ann. § 46-11-201(1) — 8 cases

State v. Hamilton, 605 P.2d 1121 (Mont. 1980). “Section 46-11-201(1), MCA, provides: “The county attorney may apply directly to the district court for permission to file an information against a named defendant.”

State v. Woods, 662 P.2d 579 (Mont. 1983). “And section 46-11-201(1), sets forth the requirements for filing an information when the State seeks leave to file an information.”

State v. Buckingham, 783 P.2d 1331 (Mont. 1989). “*256 Relying on § 46-11-201, MCA, the State maintains that the information was proper and there was no abuse of discretion.”

State v. Ramstead, 793 P.2d 802 (Mont. 1990).

State v. Partain, 2025 MT 83 (Mont. 2025).

— Mont. Code Ann. § 46-11-201(2) — 20 cases

State v. Holt, 2006 MT 151 (Mont. 2006). “The issue of whether a finding of probable cause to charge an offense is reviewed for abuse of discretion, as suggested by the official comments to § 46-11-201, MCA, or de novo, as suggested by the concurring opinion, is not presented by the facts of this case.”

State v. Mason, 941 P.2d 437 (Mont. 1997).

State v. J. Brown, 2022 MT 176 (Mont. 2022).

State v. Partain, 2025 MT 83 (Mont. 2025).

State v. H. Vaska, 2025 MT 168 (Mont. 2025).

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