Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 16. TRIAL · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 46-16-110 (2026)

Right To Jury Trial -- Waiver

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 16
  4. Part 1
  5. 46-16-110 Right to jury trial -- waiver

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 16. TRIAL

Part 1. General Provisions

Right To Jury Trial -- Waiver

46-16-110. Right to jury trial -- waiver. (1) The parties in a felony case have a right to trial by a jury of 12 persons.

(2) The parties may agree in writing at any time before the verdict, with the approval of the court, that the jury shall consist of any number less than that to which they are entitled.

(3) Upon written consent of the parties, a trial by jury may be waived.

History: En. 95-1901 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 4, L. 1973; R.C.M. 1947, 95-1901(c), (d); amd. Sec. 188, Ch. 800, L. 1991; Sec. 46-16-102, MCA 1989; redes. 46-16-110 by Code Commissioner, 1991; amd. Sec. 1, Ch. 7, L. 1995.

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1993–2025 · leading case: State v. Dahlin, 1998 MT 113 (Mont. 1998).
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State v. Dahlin, 1998 MT 113 (Mont. 1998). · cites it 29× “The Legislature has clearly done so by enacting § 46-16-110, MCA. ¶19 As stated above, § 46-16-110(3), MCA, provides that “[u]pon written consent of the parties, a trial by jury may be waived.”
State v. Reim, 2014 MT 108 (Mont. 2014). · cites it 9× “Section 46-16-110(3), MCA; see Dahlin, ¶¶ 19-23.”
State Ex Rel. Nelson v. Montana Ninth Jud. Dist. Court, 863 P.2d 1027 (Mont. 1993). · cites it 20× “” 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 Ex Rel. Long v. Jus. Court, Lake Cty., 2007 MT 3 (Mont. 2007). · cites it 16× “Following the Nelson decision, the 1995 Legislature amended both § 46-16-110, MCA, the statute at issue in Nelson, and § 46-17-201, MCA, at issue herein, to allow waiver upon the “consent of the parties” instead of upon “consent of the defendant.”
City of Missoula v. S. Charlie, 2025 MT 85 (Mont. 2025). · cites it 8× “Dahlin, ¶¶ 11, 15 (citing § 46-16-110(3), MCA (a jury trial may be waived “[u]pon written consent of the parties”), and Mont.”
State v. Milinovich, 887 P.2d 214 (Mont. 1994). · cites it 2× “See § 46-16-110, MCA. The court informed Milinovich of his right to counsel and ascertained that Milinovich was satisfied with his counsel in connection with the plea negotiations.”
State v. B. Frey, 2020 MT 104N (Mont. 2020). · cites it 4× “The court reasoned that: (1) the evidence presented by Frey at most established that the record is unclear as to whether he was personally present when counsel waived his right to jury trial and later entered his guilty plea; (2) § 46-16-120, MCA, authorized misdemeanor…”
State v. R. Grana, 2022 MT 65N (Mont. 2022). · cites it 2× “¶16 Finally, Grana argues the case must be reversed because the record does not contain a written waiver of his right to a jury trial as required under § 46-16-110(3), MCA. Grana did not raise this issue in the District Court.”
State v. Wilson, 1998 MT 296N (Mont. 1998). · cites it 2× “Where the legislature includes particular language in one section of the criminal code, but excludes it in another, we will generally presume that the legislature acted intentionally and purposely to do so.”
— Mont. Code Ann. § 46-16-110(3) — 6 cases
State v. Dahlin, 1998 MT 113 (Mont. 1998). “The Legislature has clearly done so by enacting § 46-16-110, MCA. ¶19 As stated above, § 46-16-110(3), MCA, provides that “[u]pon written consent of the parties, a trial by jury may be waived.”
State v. Reim, 2014 MT 108 (Mont. 2014). “Section 46-16-110(3), MCA; see Dahlin, ¶¶ 19-23.”
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…”
State Ex Rel. Long v. Jus. Court, Lake Cty., 2007 MT 3 (Mont. 2007). “Following the Nelson decision, the 1995 Legislature amended both § 46-16-110, MCA, the statute at issue in Nelson, and § 46-17-201, MCA, at issue herein, to allow waiver upon the “consent of the parties” instead of upon “consent of the defendant.”
City of Missoula v. S. Charlie, 2025 MT 85 (Mont. 2025). “Dahlin, ¶¶ 11, 15 (citing § 46-16-110(3), MCA (a jury trial may be waived “[u]pon written consent of the parties”), and Mont.”
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