Montana Code 46-13-110. Omnibus hearing — use of two-way electronic audio or video communication
46-13-110. Omnibus hearing — use of two-way electronic audio or video communication. (1) Within a reasonable time following the entry of a not guilty plea but not less than 30 days before trial, the court shall hold an omnibus hearing.
Terms Used In Montana Code 46-13-110
- Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Persistent felony offender: means an offender who has previously been convicted of two separate felonies and who is presently being sentenced for a third felony committed on a different occasion than either of the first two felonies, except for an offender who was on conditional release, felony probation, or felony parole at the time the felony for which the offender is presently being sentenced was committed. See Montana Code 46-1-202
- Place of trial: means the geographical location and political subdivision in which the court that will hear the cause is situated. See Montana Code 46-1-202
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Plea agreement: An arrangement between the prosecutor, the defense attorney, and the defendant in which the defendant agrees to plead guilty in exchange for special considerations. Source:
- Prosecutor: means an elected or appointed attorney who is vested by law with the power to initiate and carry out criminal proceedings on behalf of the state or a political subdivision. See Montana Code 46-1-202
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(2)The purpose of the hearing is to expedite the procedures leading up to the trial of the defendant.
(3)The presence of the defendant is not required, unless ordered by the court. The prosecutor and the defendant’s counsel shall attend the hearing. The prosecutor and the defendant or defendant’s counsel may attend the hearing by two-way electronic audio or video communication if neither party objects and the court agrees to its use. The parties must be prepared to discuss any pretrial matter appropriate to the case, including but not limited to:
(a)joinder and severance of offenses or defendants, 46-11-404, 46-13-210, and 46-13-211;
(b)double jeopardy, 46-11-410, 46-11-503, and 46-11-504;
(c)the need for exclusion of the public and for sealing records of any pretrial proceedings, 46-11-701;
(d)notification of the existence of a plea agreement, 46-12-211;
(e)disclosure and discovery motions, Title 46, chapter 15, part 3;
(f)notice of reliance on certain defenses, 46-15-323;
(g)notice of seeking persistent felony offender status, 46-13-108;
(h)motion to suppress, 46-13-301 and 46-13-302;
(i)motion to dismiss, 46-13-401 and 46-13-402;
(j)motion for change of place of trial, 46-13-203 through 46-13-205;
(k)reasonableness of bail, Title 46, chapter 9; and
(l)stipulations.
(4)At the conclusion of the hearing, a court-approved memorandum of the matters settled must be signed by the court and counsel and filed with the court.
(5)Any motions made pursuant to subsections (1) through (3) may be ruled on by the court at the time of the hearing, where appropriate, or may be scheduled for briefing and further hearing as the court considers necessary.