46-15-324. Materials not subject to disclosure. (1) Except as provided in this section, disclosure is not required for the superseded notes or work product of the prosecuting or defense attorney.
Terms Used In Montana Code 46-15-324
- Defense attorney: Represent defendants in criminal matters.
- Superseded notes: means handwritten notes, including field notes, that have been substantially incorporated into a statement. See Montana Code 46-1-202
- Testify: means every mode of oral statement under oath or affirmation. See Montana Code 1-1-202
- Work product: means legal research, records, correspondence, reports, and memoranda, both written and oral, to the extent that they contain the opinions, theories, and conclusions of the prosecutor, defense counsel, or their staff or investigators. See Montana Code 46-1-202
(2) If exculpatory information is contained in the superseded notes or work product of the prosecution, that information must be disclosed.
(3) Disclosure of the existence of an informant or the identity of an informant who will not be called to testify is not required if:
(a) disclosure would result in substantial risk to the informant or to the informant’s operational effectiveness; and
(b) the failure to disclose will not infringe the constitutional rights of the accused.