Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 16. TRIAL · Part 2. Rules of Evidence for Criminal Cases
Montana Code Annotated

Mont. Code Ann. § 46-16-227 (2026)

Raising Issue Of Testimony Of Child Witness Outside Presence Of Defendant -- Motion By Prosecution Or Defense

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 16
  4. Part 2
  5. 46-16-227 Raising issue of testimony of child witness outside presence of defendant -- motion by prosecution or defense

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 16. TRIAL

Part 2. Rules of Evidence for Criminal Cases

Raising Issue Of Testimony Of Child Witness Outside Presence Of Defendant -- Motion By Prosecution Or Defense

46-16-227. Raising issue of testimony of child witness outside presence of defendant -- motion by prosecution or defense. Upon a motion by the prosecution or defense if the defense intends to call a child witness other than the victim in its case in chief, a court shall conduct a hearing to consider whether the testimony of a child witness may be taken outside the presence of the defendant and communicated to the courtroom by two-way electronic audio-video communication.

History: En. Sec. 2, Ch. 488, L. 2007.

Notes of Decisions
Cited in 2 cases, 2011–2014 · leading case: State v. Stock, 2011 MT 131 (Mont. 2011).
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State v. Stock, 2011 MT 131 (Mont. 2011). · cites it 5× “Section 46-16-227, MCA, provides that: [u]pon motion by the prosecution or defense if the defense intends to call a child witness other than the victim in its case in chief, a court shall conduct a hearing to consider whether the testimony of a child witness may be taken outside…”
State v. Pound, 2014 MT 143 (Mont. 2014). · cites it 8× “¶6 Prior to trial the State moved pursuant to § 46-16-227, MCA, that the victim, who was then age 5, be allowed to testify outside the presence of Pound.”
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