Preparation for Omnibus Hearing [ Back to department ]

The purpose of an omnibus hearing is to streamline the trial process. If you are representing yourself, you must be prepared to participate in the hearing. This checklist is not a substitute for legal advice. It is designed to give you an idea of how the omnibus hearing is conducted. Please consult MCA 46-13-110, the statute that governs omnibus hearings if you have additional questions.

At omnibus hearing, you will be asked the following questions:

This checklist does not provide all of the possible defenses or issues that you may wish to raise. It is only a tool to orient you to the omnibus hearing process.

The judge and court personnel cannot give you legal advice or suggest likely motions or defenses. The county attorney is the attorney is the prosecutor. He is not your attorney and cannot provide legal advice to you.

You may retain an attorney to review the legal and/or factual basis for the charges against you and determine if there are defenses that you should raise. If the offense you are charged with carries the possibility of jail time and you cannot afford an attorney, the Court will appoint an attorney for you. If you have not requested a court appointed attorney but believe you need one, request that the Court appoint an attorney at least two weeks prior to omnibus hearing.

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