Terms Used In Montana Code > Title 46 > Chapter 15 > Part 3 - Discovery -- Immunity for Witnesses

• 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
• 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.
• Arraignment: means the formal act of calling the defendant into open court to enter a plea answering a charge. See Montana Code 46-1-202
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Continuance: Putting off of a hearing ot trial until a later time.
• Court: means a place where justice is judicially administered and includes the judge of the court. 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.
• Defense attorney: Represent defendants in criminal matters.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• 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.
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Judge: means a person who is vested by law with the power to perform judicial functions. See Montana Code 46-1-202
• Mistrial: An invalid trial, caused by fundamental error. When a mistrial is declared, the trial must start again from the selection of the jury.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• 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
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Sentence: means the judicial disposition of a criminal proceeding upon a plea of guilty or nolo contendere or upon a verdict or finding of guilty. 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

• Subpoena: A command to a witness to appear and give testimony.
• Superseded notes: means handwritten notes, including field notes, that have been substantially incorporated into a statement. See Montana Code 46-1-202
• 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
• 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