1. MCA Contents
  2. TITLE 46
  3. CHAPTER 10
  4. Part 1
  5. 46-10-105 Preliminary examination -- when held

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 10. PRELIMINARY EXAMINATION

Part 1. General Provisions

Preliminary Examination -- When Held

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.