46-15-325. Failure to call a witness or raise a defense. The fact that a witness’s name is on a list furnished pursuant to this part but the witness does not testify or that a matter contained in a pretrial notice is not raised may not be commented upon at trial unless the court, on motion of a party, allows comment after finding that the inclusion of the witness’s name or the pretrial notice constituted an abuse of the applicable disclosure requirement or that other good cause is shown.

Terms Used In Montana Code 46-15-325

  • Court: means a place where justice is judicially administered and includes the judge of the court. 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.
  • 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