Montana Mock Trial Rules

Key Differences from Federal Rules of Evidence

• Montana Rule 702 applies the Daubert standard for expert testimony, with Montana courts granting broader discretion to trial judges than federal courts in gatekeeping decisions
• Montana Rule 404(b) requires clear and convincing evidence that the other act occurred before such evidence can be admitted, a higher threshold than FRE 404(b)
• Montana does not have a direct equivalent to FRE 807 (residual exception); instead, Montana courts rely on specific enumerated hearsay exceptions

Notable Rules

Key Features

• Montana Constitution provides a strong right of privacy (Art. II, § 10) that impacts search and seizure law and admissibility of evidence
• Criminal cases must be brought to trial within 6 months after plea (Mont. Code Ann. § 46-13-401)
• Montana uses a single-tier trial court system (District Courts) for all felony and civil cases over small claims limits

• Civil juries consist of 6 jurors; verdict requires 2/3 agreement (4 of 6)
• Criminal felony juries consist of 12 jurors with unanimous verdicts required
• Misdemeanor juries consist of 6 jurors; unanimous verdict required