Montana § 46-16-103 - Who Decides Questions Of Law And Fact
Full text of Montana Montana Code Annotated § 46-16-103 — Who Decides Questions Of Law And Fact, with citation guidance and answers to common questions.
§ 46-16-103. Who Decides Questions Of Law And Fact
Who decides questions of law and fact. (1) All prosecutions deciding issues of fact must be tried by the court and jury, except on a plea of guilty or nolo contendere. (2) Questions of law must be decided by the court and questions of fact by the jury, except that on a trial for criminal defamation, the jury shall determine both questions of law and of fact. Questions of law and fact must be decided by the court when a trial by jury is waived under 46-16-110 (3).
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 46-16-103
What does Montana Code Annotated § 46-16-103 cover?
Section 46-16-103 ("Who Decides Questions Of Law And Fact") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 46-16-103?
A common citation format is "Montana Code Annotated § 46-16-103" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 46-16-103 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.