Big Horn County District Court, Montana Pre-Motion Conference Requirements

CRITICAL

After arraignment, either party may make a motion permitted by the Montana Rules of Criminal Procedure, but the moving party must notice it for hearing; dispositive motions must follow the Omnibus Hearing Order.

A. In a criminal case, if a not-guilty plea is entered at the time of the arraignment, the case will be set for Omnibus hearing at a later date. The State or the defendant may make any motion permitted under the Montana Rules of Criminal Procedure at any time after arraignment and said motion shall be noticed for hearing by the moving party. Dispositive motions shall be made as directed in the Omnibus Hearing Order.

CRITICAL

Counsel seeking to appear remotely must consult the opposing parties and their counsel before seeking the Court’s permission.

The motion shall clearly state that the moving party has consulted with the opposing party(s) and their counsel and shall indicate whether the motion is opposed.

INFO

When the Court has discretion to consider a motion or defense after a statutory date, a party does not lose the right to raise it by waiting until the Omnibus hearing.

C. In all cases in which the Court has discretion to consider a motion or allow the exercise of a defense at a later date than that designated in any statute, no party shall be deprived of the right to make such a motion to designate such defense by waiting to present the same at the time of the Omnibus hearing, as contemplated by this rule.

INFO

The Court urges counsel to complete discovery, explore the case, and discuss pleas before the Omnibus hearing.

B. The Court hereby urges the full discovery, exploration and plea discussions be carried out between counsel prior to the Omnibus hearing.