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

Mont. Code Ann. § 46-16-115 (2026)

Challenges For Cause

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 16
  4. Part 1
  5. 46-16-115 Challenges for cause

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 16. TRIAL

Part 1. General Provisions

Challenges For Cause

46-16-115. Challenges for cause. (1) Each party may challenge jurors for cause, and each challenge must be tried by the court.

(2) A challenge for cause may be taken for all or any of the following reasons or for any other reason that the court determines:

(a) having consanguinity or relationship to the defendant or to the person who is alleged to be injured by the offense charged or on whose complaint the prosecution was instituted;

(b) standing in the relation of guardian and ward, attorney and client, master and servant, landlord and tenant, or debtor and creditor with or being a member of the family or in the employment of the defendant or the person who is alleged to be injured by the offense charged or on whose complaint the prosecution was instituted;

(c) being a party adverse to the defendant in a civil action or having complained against or been accused by the defendant in a criminal prosecution;

(d) having served on the grand jury that found the indictment or on a coroner's jury that inquired into the death of a person whose death is the subject of the indictment or information;

(e) having served on a trial jury that tried another person for the offense charged or a related offense;

(f) having been a member of a jury formerly sworn to try the same charge, the verdict of which was set aside or which was discharged without verdict after the case was submitted to it;

(g) having served as a juror in a civil action brought against the defendant for the act charged as an offense;

(h) if the offense charged is punishable with death, having any conscientious opinions concerning the punishment as would preclude finding the defendant guilty, in which case the person must neither be permitted nor compelled to serve as a juror;

(i) having a belief that the punishment fixed by law is too severe for the offense charged; or

(j) having a state of mind in reference to the case or to either of the parties that would prevent the juror from acting with entire impartiality and without prejudice to the substantial rights of either party.

(3) An excuse from service on a jury is not a cause of challenge but the privilege of the person excused.

History: En. 95-1909 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 131, L. 1974; amd. Sec. 28, Ch. 184, L. 1977; R.C.M. 1947, 95-1909(2)(b), (4); amd. Sec. 6, Ch. 51, L. 1981; amd. Sec. 192, Ch. 800, L. 1991; Sec. 46-16-304, MCA 1989; redes. 46-16-115 by Code Commissioner, 1991.

Notes of Decisions
Cited in 65 cases (7 in the last 5 years), 1993–2026 · leading case: State v. Heath, 2004 MT 58 (Mont. 2004).
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State v. Heath, 2004 MT 58 (Mont. 2004). · cites it 36× “Did the District Court abuse its discretion in denying Heath's challenges to two prospective jurors for cause? ¶10 The bases for challenging potential jurors for cause in Montana are set forth in § 46-16-115(2), MCA. One specified basis is that a juror has "a state of mind in…”
State v. Golie, 2006 MT 91 (Mont. 2006). · cites it 27× “DISCUSSION ¶7 Did the District Court abuse its discretion in denying Golie’s challenge to a prospective juror for cause ? ¶8 Section 46-16-115(2), MCA, sets forth the bases for challenging potential jurors for cause in Montana criminal cases.”
State v. Good, 2002 MT 59 (Mont. 2002). · cites it 18× “Section 46-16-115, MCA, sets forth the reasons a juror may be excused for cause.”
State v. Richeson, 2004 MT 113 (Mont. 2004). · cites it 28× “Richeson appeals this denial and also argues that he was given ineffective assistance of counsel because his trial counsel failed to advance the statutory criteria of a guardian-and-ward relationship, § 46-16-115(2)(b), MCA (1999), to remove the juror for cause.”
State v. Herrman, 2003 MT 149 (Mont. 2003). · cites it 14× “Section 46-16-115, MCA, sets forth the reasons a juror may be excused for cause.”
Whitlow v. State, 2008 MT 140 (Mont. 2008). · cites it 7× “Most relevant to this appeal, § 46-16-115(2)(j), MCA, provides that: *104 A challenge for cause may be taken for all or any of the following reasons or for any other reason that the court determines: .”
State v. Falls Down, 2003 MT 300 (Mont. 2003). · cites it 18× “Section 46-16-115(2), MCA. ¶ 59 Turning first to jury panelist A.”
State v. Kebble, 2015 MT 195 (Mont. 2015). · cites it 105× “¶23 Kebble’s counsel did not reference § 46-16-115, MCA, at any time during his requests to the justice court for Matteson’s removal.”
State v. Deschon, 2004 MT 32 (Mont. 2004). · cites it 21× “Section 46-16-115(2)(e), MCA, states: 46-16-115. Challenges for cause.”
State v. Rogers, 2007 MT 227 (Mont. 2007). · cites it 20× “In determining whether to dismiss a juror for cause, district courts are guided by § 46-16-115(2), MCA. One specified basis for dismissal occurs where a juror has "a state of mind in reference to the case or to either of the parties that would prevent the juror from acting with…”
State v. Freshment, 2002 MT 61 (Mont. 2002). · cites it 10× “To determine whether to dismiss a juror for cause, trial courts are guided in part by § 46-16-115(2)(j), MCA, which provides: A challenge for cause may be taken for all or any of the following reasons or for any other reason that the court determines: .”
State v. Chastain, 947 P.2d 57 (Mont. 1997). · cites it 18× “It is clear that the record as it exists in this case would not—on a stand-alone basis, without more—have supported a successful challenge for cause of either of these two potential jurors.”
Show all 65 citing cases →
— Mont. Code Ann. § 46-16-115(1) — 11 cases
State v. Chastain, 947 P.2d 57 (Mont. 1997). “It is clear that the record as it exists in this case would not—on a stand-alone basis, without more—have supported a successful challenge for cause of either of these two potential jurors.”
State v. James Cudd, 2014 MT 140 (Mont. 2014).
State v. Bearchild, 2004 MT 355 (Mont. 2004).
State v. Jeremiah Johnson, 2014 MT 11 (Mont. 2014).
State v. Kebble, 2015 MT 195 (Mont. 2015). “¶23 Kebble’s counsel did not reference § 46-16-115, MCA, at any time during his requests to the justice court for Matteson’s removal.”
— Mont. Code Ann. § 46-16-115(2) — 12 cases
State v. Falls Down, 2003 MT 300 (Mont. 2003). “Section 46-16-115(2), MCA. ¶ 59 Turning first to jury panelist A.”
State v. Richard Crosley, 2009 MT 126 (Mont. 2009).
State v. Heath, 2004 MT 58 (Mont. 2004). “Did the District Court abuse its discretion in denying Heath's challenges to two prospective jurors for cause? ¶10 The bases for challenging potential jurors for cause in Montana are set forth in § 46-16-115(2), MCA. One specified basis is that a juror has "a state of mind in…”
State v. Golie, 2006 MT 91 (Mont. 2006). “DISCUSSION ¶7 Did the District Court abuse its discretion in denying Golie’s challenge to a prospective juror for cause ? ¶8 Section 46-16-115(2), MCA, sets forth the bases for challenging potential jurors for cause in Montana criminal cases.”
State v. Hausauer, 2006 MT 336 (Mont. 2006).
— Mont. Code Ann. § 46-16-115(2)(a) — 4 cases
State v. Polak, 422 P.3d 112 (Mont. 2018).
State v. Johnson, 437 P.3d 147 (Mont. 2019).
State v. Kebble, 2015 MT 195 (Mont. 2015). “¶23 Kebble’s counsel did not reference § 46-16-115, MCA, at any time during his requests to the justice court for Matteson’s removal.”
State v. A. Soapes, 2025 MT 296 (Mont. 2025).
— Mont. Code Ann. § 46-16-115(2)(b) — 4 cases
State v. Richeson, 2004 MT 113 (Mont. 2004). “Richeson appeals this denial and also argues that he was given ineffective assistance of counsel because his trial counsel failed to advance the statutory criteria of a guardian-and-ward relationship, § 46-16-115(2)(b), MCA (1999), to remove the juror for cause.”
State v. Kebble, 2015 MT 195 (Mont. 2015). “¶23 Kebble’s counsel did not reference § 46-16-115, MCA, at any time during his requests to the justice court for Matteson’s removal.”
State v. Joshua Dewitz, 2009 MT 202 (Mont. 2009).
Bockman-Fryberger v. State, 424 P.3d 600 (Mont. 2018).
— Mont. Code Ann. § 46-16-115(2)(e) — 2 cases
State v. Deschon, 2004 MT 32 (Mont. 2004). “Section 46-16-115(2)(e), MCA, states: 46-16-115. Challenges for cause.”
State v. Kebble, 2015 MT 195 (Mont. 2015). “¶23 Kebble’s counsel did not reference § 46-16-115, MCA, at any time during his requests to the justice court for Matteson’s removal.”
— Mont. Code Ann. § 46-16-115(2)(h) — 2 cases
State v. Gollehon, 864 P.2d 249 (Mont. 1993).
State v. Gollehon, 864 P.2d 249 (Mont. 1993).
— Mont. Code Ann. § 46-16-115(2)(i) — 1 case
State v. Kebble, 2015 MT 195 (Mont. 2015). “¶23 Kebble’s counsel did not reference § 46-16-115, MCA, at any time during his requests to the justice court for Matteson’s removal.”
— Mont. Code Ann. § 46-16-115(2)(j) — 51 cases
State v. Heath, 2004 MT 58 (Mont. 2004). “Did the District Court abuse its discretion in denying Heath's challenges to two prospective jurors for cause? ¶10 The bases for challenging potential jurors for cause in Montana are set forth in § 46-16-115(2), MCA. One specified basis is that a juror has "a state of mind in…”
State v. Golie, 2006 MT 91 (Mont. 2006). “DISCUSSION ¶7 Did the District Court abuse its discretion in denying Golie’s challenge to a prospective juror for cause ? ¶8 Section 46-16-115(2), MCA, sets forth the bases for challenging potential jurors for cause in Montana criminal cases.”
State v. Good, 2002 MT 59 (Mont. 2002). “Section 46-16-115, MCA, sets forth the reasons a juror may be excused for cause.”
State v. Freshment, 2002 MT 61 (Mont. 2002). “To determine whether to dismiss a juror for cause, trial courts are guided in part by § 46-16-115(2)(j), MCA, which provides: A challenge for cause may be taken for all or any of the following reasons or for any other reason that the court determines: .”
State v. Rogers, 2007 MT 227 (Mont. 2007). “In determining whether to dismiss a juror for cause, district courts are guided by § 46-16-115(2), MCA. One specified basis for dismissal occurs where a juror has "a state of mind in reference to the case or to either of the parties that would prevent the juror from acting with…”
— Mont. Code Ann. § 46-16-115(j) — 1 case
State v. Jay, 2013 MT 79 (Mont. 2013).
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