46-16-604. Poll of jury. When a verdict is returned, the jury shall be polled at the request of any party or upon the court's own motion. If upon the poll there is not the required concurrence, the jury may be directed to retire for further deliberations or may be discharged.
Montana Code Annotated
Mont. Code Ann. § 46-16-604 (2026)
Poll Of Jury
✓ current as of May 2026
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TITLE 46. CRIMINAL PROCEDURE
CHAPTER 16. TRIAL
Part 6. Verdict -- Disposition of Defendant
Poll Of Jury
History: En. 95-1915 by Sec. 1, Ch. 196, L. 1967; Sup. Ct. Ord. 11450-2-3-4, Oct. 10, 1968, eff. Dec. 1, 1968; amd. Sec. 2, Ch. 4, L. 1973; amd. Sec. 29, Ch. 184, L. 1977; R.C.M. 1947, 95-1915(4).
Notes of Decisions
Cited in 3
cases, 2000–2001 · leading case: State v. Tapson, 2001 MT 292 (Mont. 2001).
State v. Tapson, 2001 MT 292 (Mont. 2001). “See § 46-16-604, MCA. ¶ 21 In addition to a criminal defendant's fundamental right to be present at all critical stages of trial, a criminal defendant has the fundamental right to a public trial.”
State v. Pyatt, 2000 MT 136 (Mont. 2000). “Section 46-16-604, MCA. “If upon the poll there is not the required concurrence, the jury may be directed to retire for further deliberations or may be discharged.”
State v. Marker, 2000 MT 303 (Mont. 2000). “We do know that the jury was not polled pursuant to § 46-16-604, MCA, which allows for polling of the jury at the request of either party or upon the court's own motion.”
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