MT · rules

Mont. R. Prof'l Conduct 3.6

Trial Publicity

activein force · 2020-10-29 – presentact-effective-date

(a) A lawyer who is participating or has participated in the investigation or litigation of a

matter shall not make an extrajudicial statement that the lawyer knows or reasonably should

know will be disseminated by means of public communication and will have a substantial

likelihood of materially prejudicing an adjudicative proceeding in the matter.

(b) Notwithstanding paragraph (a), a lawyer may state:

(1) the claim, offense or defense involved and, except when prohibited by law, the

identity of the persons involved;

(2) information contained in a public record;

(3) that an investigation of a matter is in progress;

(4) the scheduling or result of any step in litigation;

(5) a request for assistance in obtaining evidence and information necessary thereto;

(6) a warning of danger concerning the behavior of a person involved, when there

is reason to believe that there exists the likelihood of substantial harm to an

individual or to the public interest; and

(7) in a criminal case, in addition to subparagraphs (1) through (6):

(i) the identity, residence, occupation and family status of the accused;

(ii) if the accused has not been apprehended, information necessary to aid in

apprehension of that person;

(iii) the fact, time and place of arrest; and

(iv) the identity of investigating and arresting officers or agencies and the

length of the investigation.

would believe is required to protect a client from the substantial undue prejudicial effect of

recent publicity not initiated by the lawyer or the lawyer’s client. A statement made

pursuant to this paragraph shall be limited to such information as is necessary to mitigate

the recent adverse publicity.

(d) No lawyer associated in a firm or government agency with a lawyer subject to paragraph

(a) shall make a statement prohibited by paragraph (a).

Provenance

Source: courts.mt.gov
Retrieved: 2026-09-15
Edition: 2026-09-15
Content hash: 6e764cf23f73026480f217dd35f7906b57fb844641b714189303b2c0d0854406

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