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Code · Montana · Title 46 — Criminal Procedure · Chapter 13 · Part 2

46-13-203. Change of place of trial for prejudice.

146 words·~1 min read·/mt/title-46/chapter-13/part-2/46-13-203

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46-13-203 . Change of place of trial for prejudice.
(1)The defendant or the prosecution may move for a change of place of trial on the ground that there exists in the county in which the charge is pending such prejudice that a fair trial cannot be had in the county.
(2)If the district court determines that there exists in the county in which the prosecution is pending such prejudice that a fair trial cannot be had, the district court shall:
(a)transfer the cause to any other county in which a fair trial may be had;
(b)direct that a jury be selected in any county where a fair trial may be had and then returned to the county where the prosecution is pending to try the case; or
(c)take any other action designed to ensure that a fair trial may be had.
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