Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 16. TRIAL · Part 4. Order of Trial
Montana Code Annotated

Mont. Code Ann. § 46-16-403 (2026)

Evidence Insufficient To Go To Jury

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 16
  4. Part 4
  5. 46-16-403 Evidence insufficient to go to jury

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 16. TRIAL

Part 4. Order of Trial

Evidence Insufficient To Go To Jury

46-16-403. Evidence insufficient to go to jury. When, at the close of the prosecution's evidence or at the close of all the evidence, the evidence is insufficient to support a finding or verdict of guilty, the court may, on its own motion or on the motion of the defendant, dismiss the action and discharge the defendant. However, prior to dismissal, the court may allow the case to be reopened for good cause shown.

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(9); amd. Sec. 203, Ch. 800, L. 1991.

Notes of Decisions
Cited in 118 cases (17 in the last 5 years), 1979–2026 · leading case: State v. Rosling, 2008 MT 62 (Mont. 2008).
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State v. Rosling, 2008 MT 62 (Mont. 2008). · cites it 14× “Did the District Court err in denying Rosling's motion to dismiss all of the charges for insufficient evidence? Standard of Review ¶33 Rosling and the State dispute the appropriate standard of review of a district court's denial of a motion to dismiss for insufficient evidence…”
State v. McWilliams, 2008 MT 59 (Mont. 2008). · cites it 10× “" Section 46-16-403, MCA, provides: Evidence insufficient to go to jury.”
State v. McCaslin, 2004 MT 212 (Mont. 2004). · cites it 8× “ISSUE FOUR ¶40 Whether sufficient evidence supported McCaslin's convictions of Count I, Aggravated Assault, and Count III, Assault with a Weapon? ¶41 At the close of the State's case and again at the close of all evidence, McCaslin made a motion pursuant to § 46-16-403, MCA, for…”
State v. Just, 602 P.2d 957 (Mont. 1979). · cites it 6× “Section 46-16-403 MCA provides: "When, at the close of the state's evidence or at the close of all the evidence, the evidence is insufficient to support a finding or verdict of guilty, the court may, on its own motion or on the motion of the defendant, dismiss the action and…”
State v. Good, 2002 MT 59 (Mont. 2002). · cites it 6× “On the one hand, Section 46-16-403, MCA, authorizes a district court, upon either its own initiative or a motion by the defendant, to dismiss the case against a defendant before the matter reaches a jury based on its determination that the factual evidence is insufficient to…”
State v. Ellerbee, 434 P.3d 910 (Mont. 2019). · cites it 10× “Section 45-9-102, MCA. "Possession" is the knowing control of anything for a sufficient time to be able to terminate control.”
State v. Hocevar, 2000 MT 157 (Mont. 2000). · cites it 8× “Whether Susan's motion to dismiss counts III, IV, and V for insufficiency of the evidence should have been granted, barring further prosecution pursuant to § 46-16-403, MCA. b. Whether further prosecution of counts IV and V is barred by the hung jury on Count III.”
State v. Ditton, 2006 MT 235 (Mont. 2006). · cites it 6× “Section 46-16-403, MCA; Clausell , ¶ 28. ISSUE EIGHT ¶ 56 Did the District Court err in affirming the Municipal Court's rulings on jury instructions? ¶ 57 Ditton also argues that the Municipal Court erred in refusing to instruct the jury concerning the effect of the ADA.”
State v. MacKrill, 2008 MT 297 (Mont. 2008). · cites it 5× “Likewise, we have clarified that a “motion for a directed verdict” is properly referred to as a “motion to dismiss for insufficient evidence” under § 46-16-403, MCA. See McWilliams, ¶ 36; State v.”
State v. McCarthy, 1999 MT 99 (Mont. 1999). · cites it 14× “DISCUSSION ¶ 12 Did the District Court err in denying Roman's motion to dismiss on the grounds that "repeatedly," as that term is used in § 45-5-220, MCA, means more than twice? ¶ 13 The trial court in a criminal case may dismiss the action and discharge the defendant where…”
State v. Hall, 1999 MT 297 (Mont. 1999). · cites it 6× “¶ 21 Section 46-16-403, MCA, provides: When, at the close of the prosecution's evidence or at the close of all the evidence, the evidence is insufficient to support a finding or verdict of guilty, the court may, on its own motion or on the motion of the defendant, dismiss the…”
State v. Cheryl & Edwin Criswell, 2013 MT 177 (Mont. 2013). · cites it 5× “¶12 On one hand, the Criswells contend that the State’s evidence was insufficient to send the case to the jury and, thus, the District Court should have granted their mid-trial motion to dismiss.”
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