Table of Contents TITLE 46. CRIMINAL PROCEDURE CHAPTER 1. GENERAL PROVISIONS Part 1. Purpose and Application of Title
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11 46-1-103 46-1-104

Mont. Code Ann. § 46-1-103

Scope – purpose – construction

(1) This title governs the practice and procedure in all criminal proceedings in the courts of Montana except where provision for a different procedure is specifically provided by law.

(2) This title is intended to provide for the just determination of every criminal proceeding. The purposes of this title are to secure simplicity in procedure, fairness in administration, and elimination of unjustifiable expense and delay.

(3) Any irregularity in a proceeding specified by this title that does not affect the substantial rights of the accused must be disregarded.

Opinions construing this section

11 opinions
2025 MT 256 Nov 12, 2025 Reversed
City of Hardin v. A. Anthony
Dissenting by Jim Rice · 3 to 4
t clarified that its earlier order was limited to allowing Anthony “to watch” the trial. ¶34 More importantly, criminal procedure is governed by statute. Section 46-1-103, MCA (“This title governs the practice and procedure in all criminal proceedings in the courts of Montana . . . .”); cf. State v. Brendal, 2009 MT 236, ¶ 11, 3
2024 MT 37 Feb 27, 2024 Reversed
State v. D. Rowe
Majority by Laurie McKinnon · 5 to 1
se, or the statutorily specified required elements of proof. See § 45-1-101, MCA (defining offenses cognizable under the Montana “Criminal Code”); compare § 46-1-103, MCA (Montana Code of Criminal Procedure). 4 See similarly §§ 15-61-205(4), 23-5-156(3), 30-14-1414(2)(c), 87-6-206(1)-(2), (5), 33-1-1505(3)(c), -1504(2)(c), -
2018 MT 17 Feb 6, 2018 Affirmed
State v. A. Jeffries
Majority by Laurie McKinnon · 5 to 0
Title 46 “governs the practice and procedure in all criminal proceedings except where provision for a different procedure is specifically provided by law.” Section 46-1-103, MCA. Rules of law respecting disclosure and preservation of potential evidence are likewise established by federal and state precedent in criminal cases. Jeffries
2016 MT 163 Jul 12, 2016 Affirmed
State v. J. Kasparek
Majority by Mike McGrath · 5 to 0
e provisions, “[a]ny irregularity in a proceeding specified by this title that does not affect the substantial rights of the accused must be disregarded.” Section 46-1-103(3), MCA. ¶19 The record here shows that Captain Seifert first approached Kasparek while he was in custody and asked him whether he wanted to talk. Kasparek declined
2015 MT 295N Oct 13, 2015 Affirmed
Devlin v. State
Majority by Patricia Cotter · 5 to 0
of every criminal proceeding . . . [and] to secure simplicity in procedure, fairness in administration, and elimination of unjustifiable expense and delay.” Section 46-1-103, MCA. While our courts will grant pro se litigants a certain amount of latitude, it is reasonable to expect pro se litigants to adhere to applicable procedural rule
Official Annotations archive.org, 2025 edition
History:
En. Sec. 1, Ch. 800, L. 1991
Source text on leg.mt.gov