46-4-201. Inquest -- definition, when held, how conducted. (1) An inquest is a formal inquiry into the causes of and circumstances surrounding the death of any person and is conducted by the coroner before a coroner's jury.
     (2) The coroner shall hold an inquest only if requested to do so by the county attorney of the county in which death occurred or by the county attorney of the county in which the acts or events causing death occurred. However, if the death of any person occurs in a jail or penal institution, while a person is being taken into custody or is in the custody of a peace officer, or is caused by a peace officer, except where criminal charges have been or will be filed, the county attorney shall order the coroner to hold an inquest.
     (3) If an inquest is held, the proceedings are public. The coroner shall conduct the inquest with the aid and assistance of the county attorney. The coroner shall, and the county attorney may, examine each witness, after which the witness may be examined by the jurors. The inquest is to be held in accordance with this part.
     (4) (a) A coroner who also serves as a peace officer may not conduct an inquest into the death of a person who:
     (i) died in a jail or penal institution;
     (ii) died while in the custody of a peace officer; or
     (iii) was killed by a peace officer.
     (b) If a coroner is disqualified under subsection (4)(a), the county attorney shall request a qualified coroner of a neighboring county to conduct the inquest. The expenses of a coroner fulfilling the request, including salary, must be paid by the requesting county.

     History: Ap. p. Sec. 1, Ch. 196, L. 1967; amd. Sec. 1, Ch. 250, L. 1975; Sec. 95-803, R.C.M. 1947; Ap. p. Sec. 1, Ch. 196, L. 1967; Sec. 95-809, R.C.M. 1947; R.C.M. 1947, 95-803(part), 95-809; amd. Sec. 1, Ch. 343, L. 1983; amd. Sec. 15, Ch. 660, L. 1991.