Montana Code Annotated 2023

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 11. COMMENCEMENT OF PROSECUTION

Part 2. Filing of Information

Time For Filing Information

46-11-203. Time for filing information. (1) After a finding of probable cause following a preliminary examination or waiver of a preliminary examination or after leave of court has been granted, the prosecutor shall file within 30 days in the proper district court an information charging the defendant with the offense or any other offense supported by probable cause.

(2) Unless good cause to the contrary is shown, the court shall dismiss the prosecution if an information is not filed within 30 days as required in subsection (1).

History: En. 95-1302 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1302; amd. Sec. 100, Ch. 800, L. 1991.