Montana Code 46-13-104. Ruling on motions
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46-13-104. Ruling on motions. (1) A motion made before trial must be determined before trial unless the court, for good cause, orders it deferred for determination at the trial of the general issue or until after the verdict, but a determination may not be deferred if a party’s right to appeal is adversely affected.
Terms Used In Montana Code 46-13-104
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Verdict: The decision of a petit jury or a judge.
- Writing: includes printing. See Montana Code 1-1-203
(2)Except where mandated by Title 46, the court has discretion to conduct a hearing on the merits of a motion.
(3)The court’s final determination of any pretrial motion must state, either in writing or on the record, the court’s findings of fact and conclusions of law.