{"data":{"id":"us-mt/46-13-401","jurisdiction":"us-mt","citation":"46-13-401","heading":"Dismissal at instance of court or prosecution.","body":"(1) The court may, either on its own motion or upon the application of the prosecuting attorney and in furtherance of justice, order a complaint, information, or indictment to be dismissed. However, the court may not order a dismissal of a complaint, information, or indictment, or a count contained in a complaint, information, or indictment, charging a felony, unless good cause for dismissal is shown and the reasons for the dismissal are set forth in an order entered upon the minutes.\n(2) After the entry of a plea upon a misdemeanor charge, the court, unless good cause to the contrary is shown, shall order the prosecution to be dismissed, with prejudice, if a defendant whose trial has not been postponed upon the defendant's motion is not brought to trial within 6 months.","path":["TITLE 46. CRIMINAL PROCEDURE","CHAPTER 13. PRETRIAL MOTIONS","Part 4. Motion for Dismissal"],"source_url":"https://mca.legmt.gov/bills/mca/title_0460/chapter_0130/part_0040/section_0010/0460-0130-0040-0010.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:55:46Z","sha256":"4813b1a4831c2a29d06d18d526d185a6c78b1788f6ca62ca88451b4956a6aedf","source_id":"us-mt","stale":false,"prev":"us-mt/46-13-302","next":"us-mt/46-13-402"},"notice":"GroundRules: Original legal text. Not legal advice."}