Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 16. TRIAL · Part 7. Motion for a New Trial
Montana Code Annotated

Mont. Code Ann. § 46-16-701 (2026)

Effect Of New Trial

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 16
  4. Part 7
  5. 46-16-701 Effect of new trial

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 16. TRIAL

Part 7. Motion for a New Trial

Effect Of New Trial

46-16-701. Effect of new trial. The granting of a new trial places the parties in the same position as if there had been no trial.

History: En. 95-2101 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 35, Ch. 184, L. 1977; R.C.M. 1947, 95-2101(1); amd. Sec. 213, Ch. 800, L. 1991.

Notes of Decisions
Cited in 11 cases, 1982–2017 · leading case: State Ex Rel. Mazurek v. Dist. Court of the Twentieth Jud. Dist., 2000 MT 266, 22 P.3d 166.
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State Ex Rel. Mazurek v. Dist. Court of the Twentieth Jud. Dist., 2000 MT 266, 22 P.3d 166. · cites it 80× “He based his motion on § 46-16-701, MCA, and his right not to be compelled to testify against himself as guaranteed by the United States and Montana Constitutions.”
State v. Hall, 761 P.2d 1283 (Mont. 1988). · cites it 20× “Section 46-16-701, MCA, reads: A "new trial" is a reexamination of the issue in the same court before another jury after a verdict or finding has been rendered.”
Marble v. State, 2015 MT 242, 355 P.3d 742. · cites it 6× “¶27 Section 46-16-701, MCA, provides that “[t]he granting of a new trial places the parties in the same position as if there had been no trial.”
State v. Morse, 2015 MT 51, 343 P.3d 1196. · cites it 6× “Section 46-16-701, MCA. 2 ¶4 On September 17, 2012, H.”
State v. Maestas, 2002 UT 123, 63 P.3d 621. · cites it 2× “¶ 97 On appeal, the State argued that a review of the historical changes in the statute "reveal[ed] that the Montana Legislature did not intend for the current version of [the statute] to preclude the use of prior testimony in a new trial.”
State v. Van Dyken, 791 P.2d 1350 (Mont. 1990). · cites it 3× “Section 46-16-701, MCA; Waite v. Waite (1964), 143 Mont.”
State v. J. Franks, 2017 MT 225, 402 P.3d 1190. · cites it 9× “The district court granted defendant’s motion in limine to exclude admission of his testimony from the first trial. This Court granted the State’s motion to exercise supervisory control over the district court.”
State v. Sor-Lokken, 803 P.2d 638 (Mont. 1991). “V Did the District Court err in denying defendant’s motion for a new trial? Defendant maintains that he was entitled to a new trial pursuant to §§ 46-16-701 and 46-16-702, MCA. The State filed an answer stating that defendant failed to file a supporting brief pursuant to Uniform…”
City of Billings Ex Rel. Friedt v. Billings Mun. Court, 2008 MT 174, 184 P.3d 1032. · cites it 6× “” Section 46-16-701, MCA. Here, no trial occurred.”
State v. Musgrove, 655 P.2d 982 (Mont. 1982). · cites it 3× “The granting of a new trial places the parties in the same position as if there had been no trial.”
State v. Davis, 1999 MT 72N. · cites it 2× “Since Davis failed to make such an objection and since none of the statutory exceptions listed in § 46-20-701(2), MCA, has been met, we are precluded from considering the alleged error.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.