§ 25-11-104 How motion for new trial made

Codes > Montana Code > Title 25 > Chapter 11 : Part 1 > 25-11-104 How

25-11-104. How motion for new trial made

    (1) Motions for new trials shall be made as follows:

        (a) For causes mentioned in 25-11-102(1), the motion shall be made on affidavits or on the minutes of the court.

        (b) For causes mentioned in subsection (2), (3), or (4) of 25-11-102, the motion shall be made only on affidavits.

        (c) For causes mentioned in subsection (5), (6), or (7) of 25-11-102, the motion shall be made only on the minutes of the court.

    (2) The official stenographic reports of the trial may be referred to as a part of the minutes of the court.