Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 13. PRETRIAL MOTIONS · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 46-13-109 (2026)

Repealed

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 13
  4. Part 1
  5. 46-13-109 Repealed

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 13. PRETRIAL MOTIONS

Part 1. General Provisions

Repealed

46-13-109. Repealed. Sec. 2, Ch. 130, L. 2011.

History: En. Sec. 47, Ch. 262, L. 1993; amd. Sec. 13, Ch. 395, L. 1999.

Notes of Decisions
Cited in 17 cases (1 in the last 5 years), 1996–2024 · leading case: State v. Dist. Court of the Eighteenth Jud. Dist. of Montana, 2010 MT 263 (Mont. 2010).
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State v. Dist. Court of the Eighteenth Jud. Dist. of Montana, 2010 MT 263 (Mont. 2010). · cites it 16× “Section 46-13-109, MCA, provides that, except for good cause shown, notice of other crimes, wrongs, or acts must be given at or before the omnibus hearing, which in the present case was held May 11, 2009.”
State v. Stout, 2010 MT 137 (Mont. 2010). · cites it 16× “advance notice, as required by statute ( see § 46-13-109, MCA); 2. compliance with Rule 404(b): the evidence must be offered for a purpose *62 other than to show action in conformity with character; 3.”
State v. Lacey, 2010 MT 6 (Mont. 2010). · cites it 10× “404, and § 46-13-109, MCA, the State did not intend to introduce evidence of other crimes, wrongs, or acts as part of their case against Lacey.”
State v. Derbyshire, 2009 MT 27 (Mont. 2009). · cites it 4× “Section 26-1-103, MCA ¶25 Instead, as discussed above, the State invoked the transaction rule as grounds for allowing its witnesses to identify themselves as "probation" officers conducting a "probation" search of the home and vehicle of a "probationer.”
State v. Clyde Hayden Sr., 2008 MT 274 (Mont. 2008). · cites it 5× “¶20 Hayden argues whether he used methamphetamine after the charges were filed in this case was evidence of another crime, wrong or act which related to his character, and, therefore, was not admissible.”
State v. Berosik, 2009 MT 260 (Mont. 2009). · cites it 4× “Likewise, such evidence is not subject to the notice and other requirements of § 46-13-109, MCA, because the acts are considered to be part of the transaction and not wholly independent of the alleged offense.”
State v. Long, 2005 MT 130 (Mont. 2005). · cites it 4× “Under these facts, allowing the State to reopen its re-direct examination *294 was within the discretion of the District Court, and no abuse of that discretion is shown.”
State v. Crider, 2014 MT 139 (Mont. 2014). · cites it 4× “404(b) states: “Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show action in conformity therewith.”
State v. Ford, 926 P.2d 245 (Mont. 1996). · cites it 4× “2d 957 , and the notice requirements of § 46-13-109, MCA. The State sought to present evidence of a 1991 conviction in California for felony child molestation for which Ford was sentenced to prison for three years.”
State v. Campa, 2009 MT 251 (Mont. 2009). · cites it 19× “Before the trial, pursuant to §46-13-109, MCA, the State filed a notice of its intent to introduce evidence of other crimes, wrongs or acts consisting of felony convictions for possession of dangerous drugs from 1997 and 2002 in Montana, and a 2002 conviction in Nevada for the…”
State v. Gerstner, 2009 MT 303 (Mont. 2009). · cites it 4× “¶ 47 On appeal, Gerstner argues the District Court abused its discretion when it denied his motion for a mistrial.”
State v. Grixti, 2005 MT 296 (Mont. 2005). · cites it 2× “See §§ 46-13-110(3)©, (3)(h), MCA; § 46-13-109, MCA; § 46-15-323, MCA. Grixti did not intend to raise a justifiable use of force defense, or any affirmative defense and, thus, the notice requirements do not apply.”
Show all 17 citing cases →
Mont. Code Ann. § 46-13-109(1): 1 case
State v. Dist. Court of the Eighteenth Jud. Dist. of Montana, 2010 MT 263 (Mont. 2010). “Section 46-13-109, MCA, provides that, except for good cause shown, notice of other crimes, wrongs, or acts must be given at or before the omnibus hearing, which in the present case was held May 11, 2009.”
Mont. Code Ann. § 46-13-109(2): 1 case
State v. Campa, 2009 MT 251 (Mont. 2009). “Before the trial, pursuant to §46-13-109, MCA, the State filed a notice of its intent to introduce evidence of other crimes, wrongs or acts consisting of felony convictions for possession of dangerous drugs from 1997 and 2002 in Montana, and a 2002 conviction in Nevada for the…”
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