Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 11. COMMENCEMENT OF PROSECUTION · Part 4. The Charge
Montana Code Annotated

Mont. Code Ann. § 46-11-401 (2026)

Form Of Charge

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 11
  4. Part 4
  5. 46-11-401 Form of charge

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 11. COMMENCEMENT OF PROSECUTION

Part 4. The Charge

Form Of Charge

46-11-401. Form of charge. (1) The charge must be in writing and in the name of the state or the appropriate county or municipality and must specify the court in which the charge is filed. The charge must be a plain, concise, and definite statement of the offense charged, including the name of the offense, whether the offense is a misdemeanor or felony, the name of the person charged, and the time and place of the offense as definitely as can be determined. The charge must state for each count the official or customary citation of the statute, rule, regulation, or other provision of law that the defendant is alleged to have violated.

(2) If the charge is by information or indictment, it must include endorsed on the information or indictment the names of the witnesses for the prosecution, if known.

(3) If the charge is by complaint, it must be signed by a sworn peace officer, under oath by a person having knowledge of the facts, or by the prosecutor.

(4) If the charge is by information, it must be signed by the prosecutor. If the charge is by indictment, it must be signed by the lead juror of the grand jury.

(5) The court, on motion of the defendant, may strike surplusage from an indictment or information.

(6) A charge may not be dismissed because of a formal defect that does not tend to prejudice a substantial right of the defendant.

History: En. 95-1503 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1503(a) thru (e); amd. Sec. 118, Ch. 800, L. 1991; amd. Sec. 17, Ch. 262, L. 1993; amd. Sec. 1, Ch. 389, L. 2001; amd. Sec. 1748, Ch. 56, L. 2009.

Notes of Decisions
Cited in 37 cases (7 in the last 5 years), 1979–2026 · leading case: State v. Allum, 2005 MT 150 (Mont. 2005).
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State v. Allum, 2005 MT 150 (Mont. 2005). · cites it 26× “] Moreover, § 46-11-401, MCA, provides in pertinent part: Form of charge.”
State v. Sharp, 702 P.2d 959 (Mont. 1985). · cites it 9× “Under § 46-11-401, MCA, all charges against a defendant in a criminal prosecution must be in writing and charge the offense by stating the name of the offense, the statute involved, and the facts constituting the offense in the ordinary concise language.”
State v. Tower, 881 P.2d 1317 (Mont. 1994). · cites it 15× “Therefore, by the plain language of § 46-11-401, MCA, the defendant in this case was entitled to notice of the combination of statutes which form the basis of the State's accusations against him.”
State v. Rose, 2009 MT 4 (Mont. 2009). · cites it 6× “Section 46-11-401(2), MCA, requires the prosecution to "include endorsed on the information or indictment the names of the witnesses for the prosecution, if known.”
State v. Vern Kills on Top, 793 P.2d 1273 (Mont. 1990). · cites it 6× “Section 46-11-401(1)(c), MCA, states: Form of Charge.”
State v. Goodenough, 2010 MT 247 (Mont. 2010). · cites it 6× “¶ 20 We first note that Goodenough did not challenge the Information charging him with the crimes on the ground that it failed to provide adequate notice of the charges against him.”
State v. Sanderson, 692 P.2d 479 (Mont. 1985). · cites it 9× “He relies on section 46-11-401(1)(c)(iv), MCA, which reads: "Form of charge.”
State v. Riley, 649 P.2d 1273 (Mont. 1982). · cites it 3× “Section 46-11-401(1)(c), MCA, controls here and states the legal standards of specificity.”
State v. Black, 891 P.2d 1162 (Mont. 1995). · cites it 6× “Section 46-11-401, MCA, sets forth the requirements which must be contained in the charging document.”
State v. Matson, 736 P.2d 971 (Mont. 1987). · cites it 3× “762 , 766; Section 46-11-401(l)(c), MCA. The original information fulfilled its primary purpose of notifying the defendant of the charges by capitalizing the words “aggravated assault” and specifically citing Section 45-5-202, MCA.”
State v. Davison, 614 P.2d 489 (Mont. 1980). · cites it 3× “Section 46-18-221, MCA, imposes an additional mandatory sentence upon a defendant found guilty of an offense while knowingly using a dangerous weapon. (In this case, the defendant used a knife.”
State v. Norman, 2010 MT 253 (Mont. 2010). · cites it 2× “Here, we have deduced from the specific allegations under Counts 1, 2, and 3 of the Information that the prosecutor intended to charge violations of § 87-3-111(1), MCA (2005), and § 87-3-118(2), MCA (2003). But the point is that such specificity should be provided by the…”
Show all 37 citing cases →
Mont. Code Ann. § 46-11-401(1): 13 cases
State v. Tower, 881 P.2d 1317 (Mont. 1994). “Therefore, by the plain language of § 46-11-401, MCA, the defendant in this case was entitled to notice of the combination of statutes which form the basis of the State's accusations against him.”
State v. Norman, 2010 MT 253 (Mont. 2010). “Here, we have deduced from the specific allegations under Counts 1, 2, and 3 of the Information that the prosecutor intended to charge violations of § 87-3-111(1), MCA (2005), and § 87-3-118(2), MCA (2003). But the point is that such specificity should be provided by the…”
State Ex Rel. Keyes v. Montana Thirteenth Jud. Dist. Court, 1998 MT 34 (Mont. 1998).
State v. Abe, 1998 MT 206 (Mont. 1998).
State v. Holmes, 674 P.2d 1071 (Mont. 1983).
Mont. Code Ann. § 46-11-401(1)(c): 2 cases
State v. Riley, 649 P.2d 1273 (Mont. 1982). “Section 46-11-401(1)(c), MCA, controls here and states the legal standards of specificity.”
State v. Vern Kills on Top, 793 P.2d 1273 (Mont. 1990). “Section 46-11-401(1)(c), MCA, states: Form of Charge.”
Mont. Code Ann. § 46-11-401(1)(c)(iv): 3 cases
State v. Sanderson, 692 P.2d 479 (Mont. 1985). “He relies on section 46-11-401(1)(c)(iv), MCA, which reads: "Form of charge.”
State v. Little, 861 P.2d 154 (Mont. 1993).
State v. DBS, 700 P.2d 630 (Mont. 1985).
Mont. Code Ann. § 46-11-401(1)(iv): 1 case
State v. Clark, 682 P.2d 1339 (Mont. 1984).
Mont. Code Ann. § 46-11-401(2): 2 cases
State v. Rose, 2009 MT 4 (Mont. 2009). “Section 46-11-401(2), MCA, requires the prosecution to "include endorsed on the information or indictment the names of the witnesses for the prosecution, if known.”
State v. R. Grana, 2022 MT 65N (Mont. 2022).
Mont. Code Ann. § 46-11-401(3): 1 case
State v. Allum, 2005 MT 150 (Mont. 2005). “] Moreover, § 46-11-401, MCA, provides in pertinent part: Form of charge.”
Mont. Code Ann. § 46-11-401(l)(c): 2 cases
State v. Vern Kills on Top, 793 P.2d 1273 (Mont. 1990). “Section 46-11-401(1)(c), MCA, states: Form of Charge.”
State v. Matson, 736 P.2d 971 (Mont. 1987). “762 , 766; Section 46-11-401(l)(c), MCA. The original information fulfilled its primary purpose of notifying the defendant of the charges by capitalizing the words “aggravated assault” and specifically citing Section 45-5-202, MCA.”
Mont. Code Ann. § 46-11-401(l)(c)(iv): 1 case
State v. Sanderson, 692 P.2d 479 (Mont. 1985). “He relies on section 46-11-401(1)(c)(iv), MCA, which reads: "Form of charge.”
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