Montana § 46-16-116 - Peremptory Challenges
Full text of Montana Montana Code Annotated § 46-16-116 — Peremptory Challenges, with citation guidance and answers to common questions.
§ 46-16-116. Peremptory Challenges
Peremptory challenges. (1) Each defendant is allowed eight peremptory challenges in capital cases and six in all other cases tried in the district court before a 12-person jury. There may not be additional challenges for separate counts charged in the indictment or information. (2) If the indictment or information charges a capital offense as well as lesser offenses in separate counts, the maximum number of challenges is eight. (3) The state is allowed the same number of peremptory challenges as all of the defendants. (4) In a criminal case tried before a six-person jury, the prosecution and all the defendants are allowed three peremptory challenges each. (5) When the parties in a criminal case in the district court agree upon a jury consisting of a number of persons other than 6 or 12, they shall also agree in writing upon the number of peremptory challenges to be allowed.
Frequently Asked Questions About Montana § 46-16-116
What does Montana Code Annotated § 46-16-116 cover?
Section 46-16-116 ("Peremptory Challenges") 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 § 46-16-116?
A common citation format is "Montana Code Annotated § 46-16-116" (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 § 46-16-116 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.