Montana Code 25-11-104. How motion for new trial made
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25-11-104. How motion for new trial made. (1) Motions for new trials shall be made as follows:
Terms Used In Montana Code 25-11-104
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a)For causes mentioned in 25-11-102(1), the motion shall be made on affidavits or on the minutes of the court.
(b)For causes mentioned in subsection (2), (3), or (4) of 25-11-102, the motion shall be made only on affidavits.
(c)For causes mentioned in subsection (5), (6), or (7) of 25-11-102, the motion shall be made only on the minutes of the court.
(2)The official stenographic reports of the trial may be referred to as a part of the minutes of the court.