Table of Contents TITLE 25. CIVIL PROCEDURE CHAPTER 7. TRIALS Part 2. Selection of Jury
Edition 2001 Other editions
Current Version 2025 2023 2021 2019 2017 2015 2013 2011 2009 2007 2005 2003 2001 1999 1997 1995 1978 Scanned 1979 Scanned 1981 Scanned 1983 Scanned 1985 Scanned 1986 Scanned 1987 Scanned 1989 Scanned
1995 forward is searchable text. Earlier volumes are page scans.
Prev Next
25-7-201 25-7-202 25-7-203 25-7-204 25-7-205 25-7-206 25-7-207 25-7-208 25-7-209 25-7-221 1 25-7-222 5 25-7-223 25-7-224

Mont. Code Ann. § 25-7-223

(2001)

Challenges to jurors for cause

Challenges for cause may be taken on one or more of the following grounds:

(1) a want of any of the qualifications prescribed by this code to render a person competent as a juror;

(2) being the spouse of or related to a party by consanguinity or affinity within the sixth degree;

(3) standing in the relation of guardian and ward, debtor and creditor, employer and employee, or principal and agent to either party or being a partner in business with either party or surety on any bond or obligation for either party. However, a challenge for cause may not be taken because of debtor and creditor relation when the same arises solely:

(a) by reason of current bills of gas, water, electricity, or telephone; or

(b) because a prospective juror is a depositor of funds with a bank, savings and loan institution, credit union, or similar financial institution.

(4) having served as a juror or been a witness on a previous trial between the same parties for the same cause of action;

(5) interest on the part of the juror in the event of the action or in the main question involved in the action, except his interest as a member or citizen of a municipal corporation;

(6) having an unqualified opinion or belief as to the merits of the action;

(7) the existence of a state of mind in the juror evincing enmity against or bias in favor of either party.

Opinions construing this section

5 opinions
2022 MT 219N Nov 1, 2022 Affirmed
Reisbeck v. Farmers Insurance Exc
Majority by Beth Baker · 5 to 0
the District Court in denying Reisbeck’s motion to excuse the juror. ¶18 Montana law lists seven grounds on which a party may challenge a juror for cause. Section 25-7-223, MCA. At issue in this case is the seventh ground, “the existence of a state of mind in the juror evincing enmity against or bias in favor of either party.” Sec
2022 MT 191 Oct 4, 2022 Affirmed
Thermal Design v. Thorson
Majority by James Jeremiah Shea · 5 to 0
business relations between a juror and an attorney involved in the case.” Williams v. Rigler, 234 Mont. 161, 163-64, 761 P.2d 833, 13 834 (1988) (citing § 25-7-223, MCA). This Court has held that “[a]n ongoing attorney-client relationship between a prospective juror and trial counsel presents the strong possibility of bias
2018 MT 202 Aug 21, 2018 Affirmed
Bockman-Fryberger v. State
Majority by Beth Baker · 5 to 0
peed as she approached the loader. ¶4 During jury selection, Bockman-Fryberger moved to have all state employees removed from the jury for cause pursuant to § 25-7-223(3), MCA, which allows challenges for cause when a juror “stand[s] in the relation of . . . employer and employee . . . to either party.” Bockman-Fryberger withdrew
2014 MT 307 Nov 25, 2014 Affirmed
Peterson-Tuell v. First Student
Majority by Jim Rice · 5 to 0
n-Tuell’s challenges for cause? ¶21 A juror may be challenged for cause when the juror has evinced “enmity against or bias in favor of either party.” Section 25-7-223(7), MCA. Examination of potential jurors during voir dire is intended to evaluate their qualifications to serve in a case contemplating specific issues. Abernathy v. E
2009 MT 13 Jan 21, 2009 Affirmed
Sandra Harris v. John V. Hanson, M.D., et al
Majority by John Warner · 6 to 0 with 2 concurring
the applicable law. Murphy Homes, ¶ 74. DISCUSSION ¶20 Issue 1: Did the District Court err in denying challenges for cause to jurors M.S. and C.N.? ¶21 Section 25-7-223, MCA, provides: Challenges for cause may be taken on one or more of the following grounds: . . . (3) standing in the relation of guardian and ward, debtor and credi
Official Annotations archive.org, 2001 edition
History:
En. Sec. 134, p. 70, Bannack Stat.
Re-en. Sec. 162, p. 164, L. 1867
Re-en. Sec. 198, p. 66, Cod. Stat. 1871
Re-en. Sec. 249, p. 100, L. 1877
Re-en. Sec. 249, 1st Div. Rev. Stat. 1879
Re-en. Sec. 258, 1st Div. Comp. Stat. 1887
Amd. Sec. 1060, C. Civ. Proc. 1895
Re-en. Sec. 6741, Rev. C. 1907
Re-en. Sec. 9344, R.C.M. 1921
Cal. C. Civ. Proc. Sec. 602
Re-en. Sec. 9344, R.C.M. 1935
Amd. Sec. 1, Ch. 10, L. 1953
R.C.M. 1947, 93-5011
Amd. Sec. 94, Ch. 575, L. 1981
Amd. Sec. 1, Ch. 106, L. 1983
Source text on leg.mt.gov