Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 7. INITIAL APPEARANCE OF ARRESTED PERSON · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 46-7-102 (2026)

Duty Of Court

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 7
  4. Part 1
  5. 46-7-102 Duty of court

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 7. INITIAL APPEARANCE OF ARRESTED PERSON

Part 1. General Provisions

Duty Of Court

46-7-102. Duty of court. (1) The judge shall inform the defendant:

(a) of the charge or charges against the defendant;

(b) of the defendant's right to counsel;

(c) of the defendant's right to have counsel assigned by a court of record in accordance with the provisions of 46-8-101;

(d) of the general circumstances under which the defendant may obtain pretrial release;

(e) of the defendant's right to refuse to make a statement and the fact that any statement made by the defendant may be offered in evidence at the defendant's trial;

(f) that conviction may result in the loss of various rights regarding firearms under state and federal law; and

(g) of the defendant's right to a judicial determination of whether probable cause exists if the charge is made by a complaint alleging the commission of a felony.

(2) The judge shall admit the defendant to bail as provided by law.

History: En. 95-902 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-902(part); amd. Sec. 88, Ch. 800, L. 1991; amd. Sec. 1, Ch. 129, L. 1997; amd. Sec. 1, Ch. 346, L. 1999; amd. Sec. 2, Ch. 309, L. 2003.

Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 1998–2023 · leading case: State v. Gatlin, 2009 MT 348 (Mont. 2009).
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State v. Gatlin, 2009 MT 348 (Mont. 2009). · cites it 38× “¶ 11 The Missoula County Justice Court informed Gatlin of the Missoula County charges against him, the possible penalties for the offense, and informed him of his other rights pursuant to § 46-7-102, MCA. About two weeks later, the State filed the Information in Missoula County,…”
State v. Strong, 2010 MT 163 (Mont. 2010). · cites it 18× “Section 46-7-102, MCA. The rights listed in this statute, such as the right to counsel and the privilege against self-incrimination, have constitutional underpinnings.”
State v. Mark White, 2014 MT 335 (Mont. 2014). · cites it 63× “Section 46-7-102, MCA. ¶29 Here, an initial appearance was conducted and White was present with his attorney.”
State v. Godfrey, 2004 MT 197 (Mont. 2004). · cites it 8× “The State maintains that, while a trial judge is required under § 46-7-102, MCA, to advise a defendant of his Constitutional rights, this written warning's purpose is to fulfill the § 46-7-102, MCA, requirements, and does not serve the same purpose as a Miranda warning.”
State v. Favel, 2015 MT 336 (Mont. 2015). · cites it 4× “3d 1243 (stating that “[w]e decline to exercise plain error review,” after reviewing the proceedings and concluding that “it was an error to fail to comply with § 46-7-102, MCA”); State v. Norquay, 2011 MT 34 , 359 Mont.”
State v. Haller, 2013 MT 199 (Mont. 2013). · cites it 4× “At the initial appearance, as required by §46-7-102, MCA, the Justice Court informed Haller of the charges against him as well as his various rights, including the right to counsel and the right to bail.”
Woirhaye v. Montana Fourth Jud. Districtcourt, 1998 MT 320 (Mont. 1998). · cites it 2× “The other provisions of the Act, codified at §§ 46-7-102(l)(g) and 46-17-311(1), MCA, require the justice of the peace to inform misdemeanor criminal defendants of their “right to elect one jury trial,” and reiterate that jury trial on appeal to district court is available only…”
State v. Norvell, 440 P.3d 634 (Mont. 2019). · cites it 3× “Closely associated with the requirement of a prompt initial appearance is the requirement that a defendant be informed without unnecessary delay of the important rights set out in § 46-7-102, MCA.”
McGillivray v. State, 1999 MT 3 (Mont. 1999). · cites it 3× “¶ 1 In these consolidated appeals, the Plaintiffs and Appellants petitioned the Fourth Judicial District Court, Missoula County, and the Eighteenth Judicial District Court, Gallatin County, for declaratory judgment that §§ 46-7-102, 46-17-201(3), and 46-17-311(1), MCA, as…”
State v. Chaussee, 2011 MT 203 (Mont. 2011). “Montana’s rules of criminal procedure (Title 46, chapters 7 and 12, MCA) in general, and §46-7-102 and 46-12-210, MCA, in particular, specify the information that is to be given to accused persons at the initial appearance and at arraignment.”
State v. Mark White, 2014 MT 335 (Mont. 2014). · cites it 31× “Section 46-7-102, MCA. ¶29 Here, an initial appearance was conducted and White was present with his attorney.”
State v. McDaniel, 2008 MT 432N (Mont. 2008). · cites it 2× “Importantly, McDaniel does not claim that either Veis or Judge Brown failed to meet the statutory obligations for an initial appearance under § 46-7-102, MCA. Therefore, we conclude that the District Court did not err by denying McDaniel’s motions to suppress and to dismiss.”
Show all 15 citing cases →
Mont. Code Ann. § 46-7-102(1)(b): 2 cases
State v. Gatlin, 2009 MT 348 (Mont. 2009). “¶ 11 The Missoula County Justice Court informed Gatlin of the Missoula County charges against him, the possible penalties for the offense, and informed him of his other rights pursuant to § 46-7-102, MCA. About two weeks later, the State filed the Information in Missoula County,…”
State v. Norvell, 440 P.3d 634 (Mont. 2019). “Closely associated with the requirement of a prompt initial appearance is the requirement that a defendant be informed without unnecessary delay of the important rights set out in § 46-7-102, MCA.”
Mont. Code Ann. § 46-7-102(1)(d): 1 case
State v. Nelson, 2000 MT 7N (Mont. 2000).
Mont. Code Ann. § 46-7-102(a): 1 case
State v. Gatlin, 2009 MT 348 (Mont. 2009). “¶ 11 The Missoula County Justice Court informed Gatlin of the Missoula County charges against him, the possible penalties for the offense, and informed him of his other rights pursuant to § 46-7-102, MCA. About two weeks later, the State filed the Information in Missoula County,…”
Mont. Code Ann. § 46-7-102(b): 1 case
State v. Gatlin, 2009 MT 348 (Mont. 2009). “¶ 11 The Missoula County Justice Court informed Gatlin of the Missoula County charges against him, the possible penalties for the offense, and informed him of his other rights pursuant to § 46-7-102, MCA. About two weeks later, the State filed the Information in Missoula County,…”
Mont. Code Ann. § 46-7-102(l)(b): 1 case
State v. Gatlin, 2009 MT 348 (Mont. 2009). “¶ 11 The Missoula County Justice Court informed Gatlin of the Missoula County charges against him, the possible penalties for the offense, and informed him of his other rights pursuant to § 46-7-102, MCA. About two weeks later, the State filed the Information in Missoula County,…”
Mont. Code Ann. § 46-7-102(l)(g): 1 case
Woirhaye v. Montana Fourth Jud. Districtcourt, 1998 MT 320 (Mont. 1998). “The other provisions of the Act, codified at §§ 46-7-102(l)(g) and 46-17-311(1), MCA, require the justice of the peace to inform misdemeanor criminal defendants of their “right to elect one jury trial,” and reiterate that jury trial on appeal to district court is available only…”
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