Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 15. PRODUCTION OF EVIDENCE · Part 3. Discovery -- Immunity for Witnesses
Montana Code Annotated

Mont. Code Ann. § 46-15-324 (2026)

Materials Not Subject To Disclosure

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 15
  4. Part 3
  5. 46-15-324 Materials not subject to disclosure

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 15. PRODUCTION OF EVIDENCE

Part 3. Discovery -- Immunity for Witnesses

Materials Not Subject To Disclosure

46-15-324. Materials not subject to disclosure. (1) Except as provided in this section, disclosure is not required for the superseded notes or work product of the prosecuting or defense attorney.

(2) If exculpatory information is contained in the superseded notes or work product of the prosecution, that information must be disclosed.

(3) Disclosure of the existence of an informant or the identity of an informant who will not be called to testify is not required if:

(a) disclosure would result in substantial risk to the informant or to the informant's operational effectiveness; and

(b) the failure to disclose will not infringe the constitutional rights of the accused.

History: En. Sec. 4, Ch. 202, L. 1985; amd. Sec. 139, Ch. 800, L. 1991; amd. Sec. 35, Ch. 262, L. 1993.

Notes of Decisions
Cited in 15 cases (2 in the last 5 years), 1987–2024 · leading case: State v. Crowder, 810 P.2d 299 (Mont. 1991).
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State v. Crowder, 810 P.2d 299 (Mont. 1991). · cites it 6× “" Section 46-15-324(3), MCA. The defendant must show the need for revealing the informant's identity.”
State v. DuBray, 2003 MT 255, 77 P.3d 247. · cites it 3× “Section 46-15-324(3), MCA, states: Disclosure of the existence of an informant or the identity of an informant who will not be called to testify is not required if: (a) disclosure would result in substantial risk to the informant or to the informant’s operational effectiveness;…”
State v. Babella, 772 P.2d 875 (Mont. 1989). · cites it 15× “" In 1985, the Montana Legislature enacted § 46-15-324(3), MCA, which also addresses this privilege.”
State v. Sarbaum, 890 P.2d 1284 (Mont. 1995). · cites it 13× “Although subsection (3) of the statute was in effect prior to 1991, the Legislature amended § 46-15-324, MCA, by deleting subsection (3) during the 1991 session.”
State v. Miller, 757 P.2d 1275 (Mont. 1988). · cites it 3× “Miller contends the investigator’s report was attorney work product within the meaning of Section 46-15-324, MCA, and therefore not subject to disclosure.”
State Ex Rel. Carkulis v. Dist. Court of the Thirteenth Jud. Dist., 746 P.2d 604 (Mont. 1987). · cites it 3× “…(§ 46-15-322); requirements for disclosure by the accused (§ 46-15-323); materials not subject to disclosure (§ 46-15-324); a continuing duty to disclose (§ 46-15-327); a provision for excision or protective orders (§ 46-15-328); and provisions for sanctions in the…”
State v. Pope, 2017 MT 12, 387 P.3d 870. · cites it 4× “The Legislature chose to narrow the definition of “work product” in the criminal code to: “legal research, records, correspondence, reports, and memoranda, both written and oral, to the extent that they contain the opinions, theories, and conclusions of the prosecutor, defense…”
State v. Campbell, 838 P.2d 427 (Mont. 1992). · cites it 4× “, and § 46-15-324(3), MCA. Rule 502, M.R.Evid., provides that: Rule 502.”
State v. McLeod, 740 P.2d 672 (Mont. 1987). · cites it 3× “” Section 46-15-324(3), MCA, provides: *487 “(3) Disclosure of the existence of an informant or of the identity of an informant who will not be called to testify is not required if: “(a) disclosure would result in substantial risk to the informant or to his operational…”
State v. Race, 946 P.2d 641 (Mont. 1997). · cites it 2× “Race also cites § 46-15-324, MCA, which provides that with the exception of exculpatory information in the possession of a prosecutor, superseded notes or work product of a defense or prosecuting attorney are not subject to disclosure.”
State v. M. Soto, 2020 MT 265, 474 P.3d 815. · cites it 7× “Under Rule 502(a), the State may “refuse to disclose the identity of a person who has furnished information relating to or assisting in an investigation of a possible violation of a law.” When the State invokes the confidential informant privilege and “it appears in the case…”
State v. S. Walston, 2020 MT 200, 469 P.3d 716. · cites it 11× “¶17 The Montana Legislature provided further guidance about when the State can withhold the identity of an informer with its 1985 enactment of § 46-15-324(3), MCA. That statute provides the State is not required to disclose the identity of an informant the State is not calling…”
Show all 15 citing cases →
Mont. Code Ann. § 46-15-324(3): 9 cases
State v. Crowder, 810 P.2d 299 (Mont. 1991). “" Section 46-15-324(3), MCA. The defendant must show the need for revealing the informant's identity.”
State v. DuBray, 2003 MT 255, 77 P.3d 247. “Section 46-15-324(3), MCA, states: Disclosure of the existence of an informant or the identity of an informant who will not be called to testify is not required if: (a) disclosure would result in substantial risk to the informant or to the informant’s operational effectiveness;…”
State v. Babella, 772 P.2d 875 (Mont. 1989). “" In 1985, the Montana Legislature enacted § 46-15-324(3), MCA, which also addresses this privilege.”
State v. Sarbaum, 890 P.2d 1284 (Mont. 1995). “Although subsection (3) of the statute was in effect prior to 1991, the Legislature amended § 46-15-324, MCA, by deleting subsection (3) during the 1991 session.”
State v. Campbell, 838 P.2d 427 (Mont. 1992). “, and § 46-15-324(3), MCA. Rule 502, M.R.Evid., provides that: Rule 502.”
Mont. Code Ann. § 46-15-324(3)(a): 2 cases
State v. Babella, 772 P.2d 875 (Mont. 1989). “" In 1985, the Montana Legislature enacted § 46-15-324(3), MCA, which also addresses this privilege.”
State v. Coates, 759 P.2d 999 (Mont. 1988).
Mont. Code Ann. § 46-15-324(3)(b): 1 case
State v. Babella, 772 P.2d 875 (Mont. 1989). “" In 1985, the Montana Legislature enacted § 46-15-324(3), MCA, which also addresses this privilege.”
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