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

Mont. Code Ann. § 46-15-327 (2026)

Continuing Duty To Disclose

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 15
  4. Part 3
  5. 46-15-327 Continuing duty to disclose

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 15. PRODUCTION OF EVIDENCE

Part 3. Discovery -- Immunity for Witnesses

Continuing Duty To Disclose

46-15-327. Continuing duty to disclose. If at any time after a disclosure has been made any party discovers additional information or material that would be subject to disclosure had it been known at the time of disclosure, the party shall promptly notify all other parties of the existence of the additional information or material and make an appropriate disclosure.

History: En. Sec. 7, Ch. 202, L. 1985; amd. Sec. 141, Ch. 800, L. 1991.

Notes of Decisions
Cited in 22 cases (1 in the last 5 years), 1987–2024 · leading case: State v. Jackson, 2009 MT 427 (Mont. 2009).
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State v. Jackson, 2009 MT 427 (Mont. 2009). · cites it 6× “Section 46-15-327, MCA. The State's failure to properly disclose exculpatory, material evidence to a defendant is a violation of the defendant's Fourteenth Amendment guarantee of due process, regardless of the prosecutor's good faith.”
State v. Stewart, 2000 MT 379 (Mont. 2000). · cites it 10× “Section 46-15-327, MCA. ¶ 23 Unlike Brady , Montana's statutory requirements do not hinge on whether the evidence is exculpatory or inculpatory.”
State v. Knowles, 2010 MT 186 (Mont. 2010). · cites it 4× “¶50 In the present case, Knowles’ complaint with the District Court’s handling of the CFSD investigative file focuses on the absence of notes from Abrahamson’s April 30, 2008 phone conversation with Knowles. Knowles claims that Abrahamson bolstered his own credibility by…”
State v. Byers, 861 P.2d 860 (Mont. 1993). · cites it 4× “Stratford's diagnosis as required under § 46-15-327, MCA: Continuing duty to disclose.”
State v. Ellison, 2012 MT 50 (Mont. 2012). · cites it 2× “The prosecutor also has a continuing duty to promptly disclose any additional, discoverable evidence pursuant to §46-15-327, MCA. The *281 State’s failure to properly release exculpatory, material evidence to a defendant is a violation of the defendant’s Fourteenth Amendment…”
Garding v. State, 2020 MT 163 (Mont. 2020). · cites it 2× “” Jackson, ¶ 52 (citing § 46-15-327, MCA). A failure to disclose exculpatory evidence violates the 12 defendant’s Fourteenth Amendment guarantee of due process.”
State v. D. Strang, 2017 MT 217 (Mont. 2017). · cites it 9× “¶33 Montana law requires the prosecution, upon request, to make available to the defendant certain “material and information within the prosecutor’s possession or control,” including documents it plans to introduce and information about witnesses it plans to call at trial.…”
State v. Williams, 423 P.3d 596 (Mont. 2018). · cites it 3× “Section 46-15-327, MCA, mandates a continuing duty of disclosure on the State as it obtains additional information.”
State v. Pope, 2017 MT 12 (Mont. 2017). · cites it 6× “Section 46-15-327, MCA. A “statement” is defined as “(a) a writing signed or otherwise adopted or approved by a person; (b) a video or audio recording of a person’s communications or a transcript of the communications; and (c) a writing containing a summary of a person’s oral…”
State v. West, 826 P.2d 940 (Mont. 1992). · cites it 3× “Section 46-15-322(l)(a), MCA (1989), requires that the State disclose “a list of the names and addresses of all persons whom the prosecutor intends to call as witnesses in the case-in-chief, together with their relevant written or recorded statements.” There is a continuing duty…”
State v. Shaver, 760 P.2d 1230 (Mont. 1988). · cites it 3× “Although it is undisputed *447 that Section 46-15-322, and Section 46-15-327, MCA, require the State to disclose all pertinent information it may gather and the duty to disclose is continuing, the statutes have no effect until the State actually develops the knowledge of a…”
State v. K. Severson, 2024 MT 76 (Mont. 2024). · cites it 3× “Section 46-15-327, MCA. ¶16 To succeed on a Brady claim, a party must show that (1) the State possessed evidence favorable to the defense, (2) the State suppressed the evidence, and (3) had the State disclosed the evidence, there is a reasonable probability that the result would…”
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