§ 46-1-501 Definitions
§ 46-1-502 Mediation
§ 46-1-503 Factors to use in determining appropriateness of mediation
§ 46-1-504 Procedure following mediation
§ 46-1-505 Privilege and confidentiality
§ 46-1-506 Right to speedy trial
§ 46-1-507 Costs

Terms Used In Montana Code > Title 46 > Chapter 1 > Part 5 - Mediation of Criminal Proceedings

  • Charge: means a written statement that accuses a person of the commission of an offense, that is presented to a court, and that is contained in a complaint, information, or indictment. See Montana Code 46-1-202
  • 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.
  • 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.
  • Mediation: has the meaning provided in 26-1-813(1). See Montana Code 46-1-501
  • Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
  • Party: means any one of the following, and "parties" means all of the following:

    (a)the defendant;

    (b)a victim of the crime; or

    (c)the county attorney or other prosecuting attorney. See Montana Code 46-1-501

  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Property: means real and personal property. See Montana Code 1-1-205
  • 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
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • 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
  • Sex: means the organization of the body parts and gametes for reproduction in human beings and other organisms. See Montana Code 1-1-201
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Verdict: The decision of a petit jury or a judge.
  • Writing: includes printing. See Montana Code 1-1-203