Montana Code Annotated 2001

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     46-10-105. Preliminary examination -- when held. After the initial appearance, in all cases in which the charge is triable in district court, the justice's court shall, within a reasonable time, hold a preliminary examination unless:
     (1) the defendant waives a preliminary examination;
     (2) the district court has granted leave to file an information;
     (3) an indictment has been returned; or
     (4) the case is triable in justice's court.

     History: En. 95-902 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-902(part); amd. Sec. 89, Ch. 800, L. 1991; Sec. 46-7-103, MCA 1989; redes. 46-10-105 by Code Commissioner, 1991.

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