Montana Code Annotated

Mont. Code Ann. § 46-16-102 (2026)

Renumbered 46-16-110

✓ current as of May 2026
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TITLE 46. CRIMINAL PROCEDURE

CHAPTER 16. TRIAL

Part 1. General Provisions

Renumbered 46-16-110

46-16-102. Renumbered 46-16-110. Code Commissioner, 1991.

Notes of Decisions
Cited in 3 cases, 1979–1993 · leading case: State v. Duncan, 593 P.2d 1026 (Mont. 1979).
State v. Duncan, 593 P.2d 1026 (Mont. 1979). · cites it 6× “1947, now section 46-16-102 MCA. This statute was followed.”
State Ex Rel. Nelson v. Montana Ninth Jud. Dist. Court, 863 P.2d 1027 (Mont. 1993). · cites it 5× “” In 1991, § 46-16-102, MCA, was renumbered as § 46-16-110, MCA, by the Code Commissioner and the Legislature amended that section in the manner in which the State contends now gives rise to a conflict between Article II, Section 26, and the statutory provision for waiver of…”
State v. Bender, 756 P.2d 1157 (Mont. 1988). · cites it 3× “As counsel for respondent, the Attorney General of the State of Montana notes that appellant made a timely request for a jury trial in the District Court and recommends that this case be remanded to the District Court with instructions to afford the appellant a trial by jury…”
— Mont. Code Ann. § 46-16-102(2) — 1 case
State Ex Rel. Nelson v. Montana Ninth Jud. Dist. Court, 863 P.2d 1027 (Mont. 1993). “” In 1991, § 46-16-102, MCA, was renumbered as § 46-16-110, MCA, by the Code Commissioner and the Legislature amended that section in the manner in which the State contends now gives rise to a conflict between Article II, Section 26, and the statutory provision for waiver of…”
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