§ 41-5-1401 Petition — county attorney — procedure — release from custody
§ 41-5-1402 Petition — form and content
§ 41-5-1403 Summons
§ 41-5-1404 Service of summons
§ 41-5-1405 Disqualification of judges
§ 41-5-1411 Appointment of guardian ad litem
§ 41-5-1412 Rights and obligations — persons to be advised — contempt
§ 41-5-1413 Right to counsel — assignment of counsel
§ 41-5-1414 Right to confront witnesses
§ 41-5-1415 Admissibility of confession or illegally seized evidence
§ 41-5-1416 Victims and witnesses of juvenile felony offenses — consultation — notification of proceedings
§ 41-5-1417 Use of restraints on youth — definition
§ 41-5-1421 Posttrial motions
§ 41-5-1422 Modification of court orders — notice to department — hearing
§ 41-5-1423 Appeals
§ 41-5-1430 Conditional release revocation hearing
§ 41-5-1431 Probation revocation proceeding — petition — hearing — disposition
§ 41-5-1432 Enforcement of restitution orders
criminal case

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Terms Used In Montana Code > Title 41 > Chapter 5 > Part 14 - Formal Proceeding -- Procedure

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Customary: means according to usage. See Montana Code 1-1-206
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • 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
  • Statute: A law passed by a legislature.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.