D. Mont. L.R. CR 57.1

(a) Investigative Phase. When an investigation or grand jury proceeding is

pending, an attorney and his or her agent must not, outside judicial proceedings,

make a statement that a reasonable person would expect to be publicly

disseminated, unless the statement is:

(1) limited to informing the public that an investigation is underway or

describing its scope; or

(2) necessary to warn the public of danger or to obtain assistance in

locating evidence or a suspect.

(b) Judicial Phase. From the initiation of a prosecution to disposition, and

outside judicial proceedings, an investigative agency, attorney, or agent of either, if

involved in the prosecution or defense:

(1) must not release, comment on, or authorize release of or comment on:

(A) the defendant’s character, reputation, or criminal record,

including arrests or other charges;

(B) the fact or content of any statement by the defendant;

(C) the fact or content of the defendant’s decision not to make a

statement;

(D) the performance or result of an examination or test or the

defendant’s decision not to submit to an examination or test;

(E) the identity, testimony, or credibility of a prospective witness;

(F) the possibility of a guilty plea to the offense charged or a lesser

offense; or

(G) an opinion about the defendant’s guilt or innocence or the

merits of the case; and

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(2) may quote or refer without comment to public records of the court and

may publicly announce:

(A) the charge and a brief description of the offense;

(B) the defendant’s name, age, city of residence, and occupation;

(C) information necessary to warn the public of any danger or to

obtain assistance in locating evidence or a suspect;

(D) the time, place, and circumstances of an arrest, the identity of

the investigating officer or agency, and the length of the

investigation;

(E) without further comment, the fact that the defendant denies

guilt;

(F) a brief description of physical evidence, excluding any

reference to statements or testimony;

(G) the identity of the victim, if not otherwise prohibited; and

(H) the schedule or result of any stage in the judicial process.

(c) Action by Court. The court, on motion or sua sponte, may issue

different or additional orders governing the conduct of persons involved in a case

to ensure a fair trial by an impartial jury.

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