Montana Code 46-14-213. Psychiatric or psychological testimony upon trial
46-14-213. Psychiatric or psychological testimony upon trial. (1) Upon trial, any psychiatrist, licensed clinical psychologist, or advanced practice registered nurse who reported under 46-14-202 or 46-14-206 may be called as a witness by the prosecutor or by the defense. Both the prosecution and the defense may summon any other qualified psychiatrist, licensed clinical psychologist, or advanced practice registered nurse to testify, but only a person who has examined the defendant is competent to testify to an expert opinion with respect to the mental condition of the defendant, as distinguished from the validity of the procedure followed by or the general scientific propositions stated by another witness.
Terms Used In Montana Code 46-14-213
- Advanced practice registered nurse: means an individual certified as an advanced practice registered nurse provided for in 37-8-202, with a clinical specialty in psychiatric mental health nursing. 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.
- Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- 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
- 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
- Statement: means :
(a)a writing signed or otherwise adopted or approved by a person;
(b)a video or audio recording of a person's communications or a transcript of the communications; and
(c)a writing containing a summary of a person's oral communications or admissions. See Montana Code 46-1-202
- Testify: Answer questions in court.
- Testify: means every mode of oral statement under oath or affirmation. See Montana Code 1-1-202
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Witness: means a person whose testimony is desired in a proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding. See Montana Code 46-1-202
(2)When a psychiatrist, licensed clinical psychologist, or advanced practice registered nurse who has examined the defendant testifies concerning the defendant’s mental condition, the psychiatrist, licensed clinical psychologist, or advanced practice registered nurse may make a statement as to the nature of the examination and the medical or psychological diagnosis of the mental condition of the defendant. The expert may make any explanation reasonably serving to clarify the expert’s examination and diagnosis, and the expert may be cross-examined as to any matter bearing on the expert’s competency or credibility or the validity of the expert’s examination or medical or psychological diagnosis. A psychiatrist, licensed clinical psychologist, or advanced practice registered nurse may not offer an opinion to the jury on the ultimate issue of whether the defendant did or did not have a particular state of mind that is an element of the offense charged.