Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 17. LOWER COURT PROCEEDINGS · Part 2. The Trial -- Justices' and City Courts
Montana Code Annotated

Mont. Code Ann. § 46-17-203 (2026)

Plea Of Guilty -- Use Of Two-Way Electronic Audio-Video Communication

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 17
  4. Part 2
  5. 46-17-203 Plea of guilty -- use of two-way electronic audio-video communication

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 17. LOWER COURT PROCEEDINGS

Part 2. The Trial -- Justices' and City Courts

Plea Of Guilty -- Use Of Two-Way Electronic Audio-Video Communication

46-17-203. Plea of guilty -- use of two-way electronic audio-video communication. (1) Before or during trial, a plea of guilty must be accepted, and a plea of nolo contendere may be accepted with the consent of the court and the prosecutor, when:

(a) subject to the provisions of subsection (3), the defendant enters a plea of guilty or nolo contendere in open court; and

(b) the court has informed the defendant of the consequences of the plea and of the maximum penalty provided by law that may be imposed upon acceptance of the plea.

(2) (a) Subject to subsection (2)(b), a plea of guilty or nolo contendere in a justice's court, city court, or other court of limited jurisdiction waives the right of trial de novo in district court. A defendant must be informed of the waiver before the plea is accepted, and the justice or judge shall question the defendant to ensure that the plea and waiver are entered voluntarily.

(b) A defendant who claims that a plea of guilty or nolo contendere was not entered voluntarily may move to withdraw the plea. If the motion to withdraw is denied, the defendant may, within 90 days of the denial of the motion, appeal the denial of a motion to withdraw the plea to district court. The district court may order the office of state public defender, provided for in 2-15-1029, to assign counsel pursuant to the Montana Public Defender Act, Title 47, chapter 1, hold a hearing, and enter appropriate findings of fact, conclusions of law, and a decision affirming or reversing the denial of the defendant's motion to withdraw the plea by the court of limited jurisdiction. The district court may remand the case. The defendant may not appeal the decision of the district court.

(3) For purposes of this section, in cases in which the defendant is charged with a misdemeanor offense, an entry of a plea of guilty or nolo contendere through the use of two-way electronic audio-video communication, allowing all of the participants to be observed and heard in the courtroom by all present, is considered to be an entry of a plea of guilty or nolo contendere in open court. Audio-video communication may be used if neither party objects and the court agrees to its use. The audio-video communication must operate as provided in 46-12-201.

History: En. 95-2004 by Sec. 1, Ch. 196, L. 1967; amd. Sec. 30, Ch. 184, L. 1977; R.C.M. 1947, 95-2004(2); amd. Sec. 3, Ch. 277, L. 1989; amd. Sec. 3, Ch. 163, L. 1997; amd. Sec. 17, Ch. 395, L. 1999; amd. Sec. 1, Ch. 354, L. 2003; amd. Sec. 50, Ch. 449, L. 2005; amd. Sec. 2, Ch. 144, L. 2013; amd. Sec. 17, Ch. 358, L. 2017; amd. Sec. 2, Ch. 430, L. 2019.

Notes of Decisions
Cited in 18 cases (1 in the last 5 years), 1993–2025 · leading case: State v. Boucher, 2002 MT 114 (Mont. 2002).
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State v. Boucher, 2002 MT 114 (Mont. 2002). · cites it 62× “I write separately, however, to strongly urge the Legislature to amend §§ 46-17-203, MCA, and 46-17-311, MCA, in the manner hereafter suggested.”
State v. Feight, 2001 MT 205 (Mont. 2001). · cites it 44× “The noted exception, § 46-17-203, MCA, provides that entry of a guilty plea in justice *626 court waives a defendant's right to a trial de novo.”
State v. Kempin, 2001 MT 313 (Mont. 2001). · cites it 24× “Section 3-5-303, MCA, provides that the district court has appellate jurisdiction in cases arising in justices' courts and other courts of limited jurisdiction in their respective districts as may be prescribed by law and consistent with the constitution, except as provided in §…”
State v. Frazier, 2007 MT 40 (Mont. 2007). · cites it 6× “Did Frazier fail to preserve his claim that the plea colloquy was inadequate by not specifically raising the issue in his pro se motion to the Justice Court? ¶ 13 Section 46-17-203(2)(b), MCA, allows a defendant in justice court, who claims that his plea of guilty was not…”
Duffy v. State, 2005 MT 228 (Mont. 2005). · cites it 4× “¶ 22 Title 46, Chapter 12, Parts 1 and 2 and § 46-17-203, MCA, prescribe the manner in which persons accused of crimes are to be arraigned.”
State v. Mann, 2006 MT 33 (Mont. 2006). · cites it 3× “That in accordance with section 46-17-203 MCA, [i]f I enter a plea of “guilty” I waive the right to a trial de novo in District Court, and that if I enter a plea of “Guilt/’ I do so voluntarily, without promises or threats;.”
State v. Schulke, 2005 MT 77 (Mont. 2005). · cites it 2× “ISSUE 2 ¶20 Did the District Court err in not granting Defendant a trial de novo in District Court following Schulke’s conditional plea in Justice Court? ¶21 Schulke argues that the Justice of the Peace failed to “specifically advise the defendant that the conditional plea…”
State v. Fox, 2001 MT 209 (Mont. 2001). · cites it 18× “] *486 The noted exception, § 46-17-203, MCA, provides that entry of a guilty plea in justice court waives a defendant's right to a trial de novo.”
State v. Fyant, 2004 MT 298 (Mont. 2004). · cites it 9× “” Section 46-17-203(2)(a), MCA. ¶15 Here, Fyant pled guilty to driving without insurance--her second offense.”
State v. Caldwell, 1998 MT 261 (Mont. 1998). · cites it 2× “See also § 46-17-203(2), MCA (“A plea of guilty in a justice’s court.”
City of Three Forks v. Schillinger, 2007 MT 331 (Mont. 2007). · cites it 3× “Section 46-17-203(2), MCA. Finally, a defendant may plead guilty, but reserve the right to appeal rulings on pretrial motions.”
State v. Shook, 2002 MT 347 (Mont. 2003). · cites it 2× “Shook initially pleaded guilty in justice court and pursuant to § 46-17-203(2), MCA, she waived her right to trial on the merits in the District Court.”
Show all 18 citing cases →
Mont. Code Ann. § 46-17-203(1)(b): 1 case
State v. Boucher, 2002 MT 114 (Mont. 2002). “I write separately, however, to strongly urge the Legislature to amend §§ 46-17-203, MCA, and 46-17-311, MCA, in the manner hereafter suggested.”
Mont. Code Ann. § 46-17-203(2): 9 cases
State v. Boucher, 2002 MT 114 (Mont. 2002). “I write separately, however, to strongly urge the Legislature to amend §§ 46-17-203, MCA, and 46-17-311, MCA, in the manner hereafter suggested.”
State v. Feight, 2001 MT 205 (Mont. 2001). “The noted exception, § 46-17-203, MCA, provides that entry of a guilty plea in justice *626 court waives a defendant's right to a trial de novo.”
State v. Kempin, 2001 MT 313 (Mont. 2001). “Section 3-5-303, MCA, provides that the district court has appellate jurisdiction in cases arising in justices' courts and other courts of limited jurisdiction in their respective districts as may be prescribed by law and consistent with the constitution, except as provided in §…”
State v. Schulke, 2005 MT 77 (Mont. 2005). “ISSUE 2 ¶20 Did the District Court err in not granting Defendant a trial de novo in District Court following Schulke’s conditional plea in Justice Court? ¶21 Schulke argues that the Justice of the Peace failed to “specifically advise the defendant that the conditional plea…”
State v. Fox, 2001 MT 209 (Mont. 2001). “] *486 The noted exception, § 46-17-203, MCA, provides that entry of a guilty plea in justice court waives a defendant's right to a trial de novo.”
Mont. Code Ann. § 46-17-203(2)(a): 1 case
State v. Fyant, 2004 MT 298 (Mont. 2004). “” Section 46-17-203(2)(a), MCA. ¶15 Here, Fyant pled guilty to driving without insurance--her second offense.”
Mont. Code Ann. § 46-17-203(2)(b): 2 cases
State v. Frazier, 2007 MT 40 (Mont. 2007). “Did Frazier fail to preserve his claim that the plea colloquy was inadequate by not specifically raising the issue in his pro se motion to the Justice Court? ¶ 13 Section 46-17-203(2)(b), MCA, allows a defendant in justice court, who claims that his plea of guilty was not…”
State v. Farmer, 210 P.3d 701 (Mont. 2008).
Mont. Code Ann. § 46-17-203(3): 1 case
City of Hardin v. A. Anthony, 2025 MT 256 (Mont. 2025).
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