46-13-201. Renumbered 46-13-401. Code Commissioner, 1991.
Montana Code Annotated
Mont. Code Ann. § 46-13-201 (2026)
Renumbered 46-13-401
✓ current as of May 2026
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TITLE 46. CRIMINAL PROCEDURE
CHAPTER 13. PRETRIAL MOTIONS
Part 2. Specific Pretrial Motions
Renumbered 46-13-401
Notes of Decisions
Cited in 17
cases, 1983–2017 · leading case: State v. Knox, 675 P.2d 950 (Mont. 1984).
State v. Knox, 675 P.2d 950 (Mont. 1984). “The appellant's constitutional right to a speedy trial is guaranteed by the Fourteenth Amendment of the United States Constitution, and by Article II, Section 24 of the Constitution of Montana; furthermore that right is implemented by Section 46-13-201(2), MCA. While Article II,…”
State v. Crane, 784 P.2d 901 (Mont. 1989). “It is the appellant’s position that under the terms of § 46-13-201(2), MCA, his right to a speedy trial would have expired on July 17, 1988, but for appellant’s counsel’s June 22, 1988 motion for continuance because of conflicting trial date.”
State v. Sunford, 796 P.2d 1084 (Mont. 1990). “Section 46-13-201(2), MCA, provides: “The court, unless good cause to the contrary is shown, must order the prosecution to be dismissed if a defendant whose trial has not been postponed upon his application is not brought to trial within 6 months after entry of plea upon a…”
State v. Speith, 797 P.2d 221 (Mont. 1990). “Speith contends that this Court should construe § 46-13-201(2), MCA “as placing a statutory period on the city in which to move to have the appeal dismissed.”
State v. Ronningen, 691 P.2d 1348 (Mont. 1984). “Section 46-13-201(2), MCA, provides: “The court, unless good cause to the contrary is shown, must order the prosecution to be dismissed if a defendant whose trial has not been postponed upon his application is not brought to trial within 6 months after entry of plea upon a…”
State v. Schwictenberg, 772 P.2d 853 (Mont. 1989). “Section 46-13-201(1), MCA, provides that: “The court may, either on its own motion or upon the application of the attorney prosecuting and in furtherance of justice, order a complaint, information, or indictment to be dismissed; however, the court may not order a dismissal of a…”
State v. Mantz, 887 P.2d 251 (Mont. 1994). “2d 1084 , we stated: The six month rule contained in § 46-13-201(2), MCA (1989) [now renumbered as § 46-13-401(2), MCA (1991)] does not apply in circumstances where the defendant is tried in justice court and judgment is appealed for trial de novo in district court.”
State v. Belgarde, 798 P.2d 539 (Mont. 1990). “Section 46-13-201(2), MCA, provides: “The court, unless good cause to the contrary is shown, must order the prosecution to be dismissed if a defendant whose trial has not been postponed upon his application is not brought to trial within 6 months after entry of plea upon a…”
Folk v. State, 576 So. 2d 1243 (Miss. 1991). “277, §§ 72-73 (1980) (6 months after indictment); Mont. Code Ann. §§ 46-13-201 , 202 (1989) (6 months from complaint, information or indictment if misdemeanor); Neb.”
Kinzey v. State, 498 So. 2d 814 (Miss. 1986). “277, § 72-73 (1972) (6 months after indictment); Mont. Code Ann. § 46-13-201 , 202 (1985) (6 months from complaint, information or indictment if misdemeanor); Neb.”
State v. Roll, 670 P.2d 566 (Mont. 1983). “Defendant contends that these considerations require reversal of his conviction and dismissal of the charges.”
State v. Spieth, 797 P.2d 221 (Mont. 1990). “Speith *223 contends that this Court should construe § 46-13-201(2), MCA "as placing a statutory period on the city in which to move to have the appeal dismissed.”
— Mont. Code Ann. § 46-13-201(1) — 1 case
State v. Schwictenberg, 772 P.2d 853 (Mont. 1989). “Section 46-13-201(1), MCA, provides that: “The court may, either on its own motion or upon the application of the attorney prosecuting and in furtherance of justice, order a complaint, information, or indictment to be dismissed; however, the court may not order a dismissal of a…”
— Mont. Code Ann. § 46-13-201(2) — 12 cases
State v. Knox, 675 P.2d 950 (Mont. 1984). “The appellant's constitutional right to a speedy trial is guaranteed by the Fourteenth Amendment of the United States Constitution, and by Article II, Section 24 of the Constitution of Montana; furthermore that right is implemented by Section 46-13-201(2), MCA. While Article II,…”
State v. Crane, 784 P.2d 901 (Mont. 1989). “It is the appellant’s position that under the terms of § 46-13-201(2), MCA, his right to a speedy trial would have expired on July 17, 1988, but for appellant’s counsel’s June 22, 1988 motion for continuance because of conflicting trial date.”
State v. Sunford, 796 P.2d 1084 (Mont. 1990). “Section 46-13-201(2), MCA, provides: “The court, unless good cause to the contrary is shown, must order the prosecution to be dismissed if a defendant whose trial has not been postponed upon his application is not brought to trial within 6 months after entry of plea upon a…”
State v. Speith, 797 P.2d 221 (Mont. 1990). “Speith contends that this Court should construe § 46-13-201(2), MCA “as placing a statutory period on the city in which to move to have the appeal dismissed.”
State v. Ronningen, 691 P.2d 1348 (Mont. 1984). “Section 46-13-201(2), MCA, provides: “The court, unless good cause to the contrary is shown, must order the prosecution to be dismissed if a defendant whose trial has not been postponed upon his application is not brought to trial within 6 months after entry of plea upon a…”
— Mont. Code Ann. § 46-13-201(3) — 1 case
State v. Onstad, 764 P.2d 473 (Mont. 1988).
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