Montana Code 46-13-202. Motion for continuance
46-13-202. Motion for continuance. (1) The defendant or the prosecutor may move for a continuance. If the motion is made more than 30 days after arraignment or at any time after trial has begun, the court may require that it be supported by affidavit.
Terms Used In Montana Code 46-13-202
- Continuance: Putting off of a hearing ot trial until a later time.
- Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Prosecutor: means an elected or appointed attorney who is vested by law with the power to initiate and carry out criminal proceedings on behalf of the state or a political subdivision. See Montana Code 46-1-202
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2)The court may upon the motion of either party or upon the court’s own motion order a continuance if the interests of justice so require.
(3)All motions for continuance are addressed to the discretion of the trial court and must be considered in the light of the diligence shown on the part of the movant. This section must be construed to the end that criminal cases are tried with due diligence consonant with the rights of the defendant and the prosecution to a speedy trial.