Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 3. VENUE · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 46-3-111 (2026)

Place Of Trial

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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 3
  4. Part 1
  5. 46-3-111 Place of trial

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 3. VENUE

Part 1. General Provisions

Place Of Trial

46-3-111. Place of trial. (1) The place of trial must be in the county where the charge is filed unless otherwise provided by law.

(2) All objections that a charge is filed in the improper county are waived by a defendant unless made before the first witness is sworn at the time of trial. If an objection is made, a hearing must be held and the proper county in which to file the charge must be established before further proceedings may take place.

History: En. 95-401 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-401; amd. Sec. 4, Ch. 800, L. 1991; Sec. 46-3-101, MCA 1989; redes. 46-3-111 by Code Commissioner, 1991.

Notes of Decisions
Cited in 8 cases, 1993–2018 · leading case: City of Helena v. Frankforter, 2018 MT 193, 423 P.3d 581.
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City of Helena v. Frankforter, 2018 MT 193, 423 P.3d 581. · cites it 39× “" Section 46-3-111, MCA, comm. cmt. (1967) (stating, further, that the proposed amendments would bring "[t]he concept of venue in a criminal case .”
State v. Kaarma, 2017 MT 24, 390 P.3d 609. · cites it 3× “Section 46-3-111(1), MCA; State v. Adams, 190 Mont.”
State v. Cooney, 894 P.2d 303 (Mont. 1995). · cites it 10× “Section 46-3-111, MCA, establishes that trial generally must be held in the county where the charge is filed.”
State v. Cybulski, 2009 MT 70, 204 P.3d 7. · cites it 2× “¶48 Furthermore, § 46-3-111(2), MCA, provides that “[a]ll objections *440 that a charge is filed in the improper county are waived by a defendant unless made before the first witness is sworn at the time of trial.”
State v. Johnson, 848 P.2d 496 (Mont. 1993). · cites it 2× “Unlike a claim that venue is improper, which must be raised before trial according to § 46-3-111, MCA, the issue of whether the State has satisfied its burden, may be raised for the first time on appeal.”
State v. Diesen, 2000 MT 1, 992 P.2d 1287. · cites it 4× “At the conclusion of the hearing, the court concluded that § 46-3-114(2), MCA, was applicable and denied Diesen's motion to dismiss as follows: I find that based on the evidence presented here today, that it is rational to conclude that the offense charged here is an offense…”
City of Three Forks v. Schillinger, 2007 MT 331, 173 P.3d 681. · cites it 6× “” Section 46-3-111(1), MCA, similarly provides that the “place of trial must be in the county where the charge is filed unless otherwise provided by law.”
State v. Thompson, 981 P.2d 778 (Mont. 1997). · cites it 3× “Section 46-3-111(2), MCA, provides that “[a]ll objections that a charge is filed in the improper county are waived by a defendant unless made before the first witness is sworn at the time of trial.”
Mont. Code Ann. § 46-3-111(1): 3 cases
State v. Kaarma, 2017 MT 24, 390 P.3d 609. “Section 46-3-111(1), MCA; State v. Adams, 190 Mont.”
City of Three Forks v. Schillinger, 2007 MT 331, 173 P.3d 681. “” Section 46-3-111(1), MCA, similarly provides that the “place of trial must be in the county where the charge is filed unless otherwise provided by law.”
City of Helena v. Frankforter, 2018 MT 193, 423 P.3d 581. “" Section 46-3-111, MCA, comm. cmt. (1967) (stating, further, that the proposed amendments would bring "[t]he concept of venue in a criminal case .”
Mont. Code Ann. § 46-3-111(2): 3 cases
City of Helena v. Frankforter, 2018 MT 193, 423 P.3d 581. “" Section 46-3-111, MCA, comm. cmt. (1967) (stating, further, that the proposed amendments would bring "[t]he concept of venue in a criminal case .”
State v. Cybulski, 2009 MT 70, 204 P.3d 7. “¶48 Furthermore, § 46-3-111(2), MCA, provides that “[a]ll objections *440 that a charge is filed in the improper county are waived by a defendant unless made before the first witness is sworn at the time of trial.”
State v. Thompson, 981 P.2d 778 (Mont. 1997). “Section 46-3-111(2), MCA, provides that “[a]ll objections that a charge is filed in the improper county are waived by a defendant unless made before the first witness is sworn at the time of trial.”
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