In a Montana partner or family member assault (PFMA) case, the prosecutor must make the State's evidence available to the defense on request, including anything that tends to mitigate or negate guilt. The defense has duties too: notice of certain defenses, including self-defense, and its own witness and exhibit list are due within 30 days after arraignment. This page explains both sides of the exchange. It is part of our Montana Domestic Violence Guide.
What the Prosecution Must Turn Over
The core rule is MCA § 46-15-322(1). Upon request, the prosecutor shall make available for examination and reproduction the following material within the prosecutor's possession or control:
- the names, addresses, and statements of all persons the prosecutor may call as witnesses in the case in chief,
- all written or oral statements of the defendant,
- written reports or statements of experts, with the results of physical examinations, scientific tests, experiments, or comparisons,
- all papers, documents, photographs, or tangible objects the prosecutor may use at trial or that were obtained from or belong to the defendant, and
- all material or information that tends to mitigate or negate the defendant's guilt or that would tend to reduce the potential sentence.
The obligation is not limited to what sits in the prosecutor's own file. It extends to material in the possession or control of the prosecutor's staff and of any other persons who have participated in the investigation or evaluation of the case (MCA § 46-15-322(4)).
What That Looks Like in a PFMA File
The statute speaks in categories. In a domestic case, the items that typically fall into those categories include the officers' reports, written or recorded witness statements, the 911 recording, body camera video, photographs, and medical records, and any statement you made at the scene or at the jail. If the other person later gave a different account to the police or the prosecutor, a statement that tends to negate guilt falls within subsection (1)(e).
If the defense needs something the statute does not otherwise cover, a court may order any person to make it available on a showing of substantial need and undue hardship in getting it another way (MCA § 46-15-322(5)).
What the Defense Must Disclose
Montana requires disclosure from the defense as well. Within 30 days after the arraignment, or later if the court permits for good cause, the defendant must give the prosecutor written notice of an intention to introduce evidence of good character or the defenses of alibi, compulsion, entrapment, justifiable use of force, or mistaken identity (MCA § 46-15-323(2)). Justifiable use of force is the statutory name for self-defense.
The notice must name the witnesses, other than the defendant, who may be called in support of the defense, and include their written reports or statements (MCA § 46-15-323(4)). Within the same 30 days, the defense must also make available the names, addresses, and statements of its other trial witnesses, its experts and their results, and the papers, photographs, and objects it may use at trial (MCA § 46-15-323(6)).
Once the defense gives notice, the prosecutor must provide a list of rebuttal witnesses, with their statements, no later than 5 days before trial (MCA § 46-15-322(6)).
The Deadlines in One Place
| Who and what | When | MCA |
|---|---|---|
| Prosecution: witnesses, statements, reports, exhibits, mitigating material | Upon request by the defense | § 46-15-322(1) |
| Defense: written notice of good character, alibi, compulsion, entrapment, justifiable use of force, or mistaken identity | Within 30 days after arraignment, or later for good cause | § 46-15-323(2) |
| Defense: witness names, addresses, statements, expert results, and exhibits | Within 30 days after arraignment, or later for good cause | § 46-15-323(6) |
| Prosecution: rebuttal witnesses to a noticed defense | No later than 5 days before trial, or later for good cause | § 46-15-322(6) |
| Both sides: newly discovered material | Promptly, at any time | § 46-15-327 |
Discovery issues and notice of defenses are among the subjects the lawyers must be ready to discuss at the omnibus hearing (MCA § 46-13-110(3)(e) and (f)). See the PFMA court process.
A Continuing Duty, and Sanctions
Disclosure is not a single event. If any party later discovers additional material that would have been subject to disclosure, the party must promptly notify the others and disclose it (MCA § 46-15-327).
When a party fails to comply, the court may impose any sanction it finds just, including ordering disclosure, granting a continuance, holding a person in contempt for an intentional violation, precluding a witness, evidence, or an undisclosed defense, or declaring a mistrial (MCA § 46-15-329). Which remedy a court chooses depends on the circumstances.
Limits: Work Product and Protective Orders
Neither side has to hand over a lawyer's superseded notes or work product, although exculpatory information in the prosecution's work product must still be disclosed (MCA § 46-15-324(1) and (2)). A court can also defer or regulate a disclosure for good cause when it would create a risk of harm that outweighs its usefulness (MCA § 46-15-328(1)).
Discovery is also not a tool for you to use personally. Material in the file may include the other person's contact details or location. Never use anything from discovery to contact or find a protected person or a witness, and do not gather statements from witnesses on your own. Your lawyer or an investigator working for your lawyer does that. Our page on preserving evidence for your defense explains what you can safely do yourself.
This page explains Montana law in general as of the 2025 Montana Code Annotated. It is not legal advice about your specific case.