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Mont. Code Ann. § 46-7-101

Appearance of arrested person -- use of two-way electronic audio-video communication

Applied in 3 court decisions — leading case Jenkins v. Chief Justice of the District Court Department (1993)

Most recently applied in Jenkins v. CHIEF JUSTICE OF THE DISTRICT COURT DEPT. (September 1993)

En. 95-901 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-901; amd

(1) A person arrested, whether with or without a warrant, must be taken without unnecessary delay before the nearest and most accessible judge for an initial appearance.

(2) A defendant's initial appearance before a judge may, in the discretion of the court, be satisfied either by the defendant's physical appearance before the court or by two-way electronic audio-video communication. The audio-video communication must operate so that the defendant and the judge can see each other simultaneously and converse with each other and so that the defendant and the defendant's counsel, if any, can communicate privately. A judge may order a defendant's physical appearance in court for an initial appearance hearing.

Official source: Montana Code Annotated (Montana Legislature). Reproduced from public-domain Montana statutes; confirm against the official source for the current text. Not legal advice.