46-16-402. When order may be departed from. For good cause shown and in the discretion of the court, the order prescribed in 46-16-401 may be departed from.
Montana Code Annotated
Mont. Code Ann. § 46-16-402 (2026)
When Order May Be Departed From
✓ current as of May 2026
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TITLE 46. CRIMINAL PROCEDURE
CHAPTER 16. TRIAL
Part 4. Order of Trial
When Order May Be Departed From
History: En. 95-1911 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1911; amd. Sec. 202, Ch. 800, L. 1991.
Notes of Decisions
Cited in 11
cases, 1980–2016 · leading case: State v. Hocevar, 2000 MT 157 (Mont. 2000).
State v. Hocevar, 2000 MT 157 (Mont. 2000). “" ¶80 Susan contends that no good cause existed to allow the prosecution to offer evidence upon its original case pursuant to § 46-16-402, MCA. She states that Southall was not contacted by the State until approximately a week or two prior to the trial, and defense counsel was…”
State v. Grindheim, 2004 MT 311 (Mont. 2004). “” 2 According to § 46-16-402, MCA, if good cause is shown, the district court has the discretion to depart from the order of the trial as prescribed in § 46-16-402, MCA.”
State v. Grindheim, 2004 MT 311 (Mont. 2004). “2 According to § 46-16-402, MCA, if good cause is shown, the district court has the discretion to depart from the order of the trial as prescribed in § 46-16-402, MCA.”
State v. Robbins, 1998 MT 297 (Mont. 1998). “Section 46-16-402, MCA. Indeed, the District Court had already, upon its own initiative, exercised this authority to depart from the order of trial specified in § 46-16-401, MCA, so as to provide a corrective instruction on deliberate homicide.”
State v. Keefe, 759 P.2d 128 (Mont. 1988). “Section 46-16-402, MCA, states: “When the state of the pleading requires it or in any other case for good reason and in the discretion of the court, the order prescribed in 46-16-401 may be departed from.”
State v. Otto, 2014 MT 20 (Mont. 2014). “The jury found Otto guilty of criminal distribution of dangerous drugs. ¶7 Otto filed a timely appeal.”
State v. White, 605 P.2d 191 (Mont. 1980). “Section 46-16-402, MCA grants to the trial court the discretion to depart from that order of trial “for good reasons.”
State v. Young, 669 P.2d 239 (Mont. 1983). “Section 46-16-402(4)(c), MCA. Young’s counsel did not offer any further instruction to the District Court on the lesser-included offense of misdemeanor theft.”
State v. Snaric, 862 P.2d 1175 (Mont. 1993). “Section 46-16-402, MCA, allows the district court to exercise its discretion to depart from the usual order of trial for good cause.”
State v. Dobrowski, 2016 MT 261 (Mont. 2016). “¶35 Section 46-16-402, MCA, allows a court to deviate from the order of trial “[f]or good cause shown and in the discretion of the court.”
State v. Hocevar, 2000 MT 157 (Mont. 2000). “" ś 80 Susan contends that no good cause existed to allow the prosecution to offer evidence upon its original case pursuant to § 46-16-402, MCA. She states that Southall was not contacted by the State until approximately a week or two prior to the trial, and defense counsel was…”
— Mont. Code Ann. § 46-16-402(4)(c) — 1 case
State v. Young, 669 P.2d 239 (Mont. 1983). “Section 46-16-402(4)(c), MCA. Young’s counsel did not offer any further instruction to the District Court on the lesser-included offense of misdemeanor theft.”
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