Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 11. COMMENCEMENT OF PROSECUTION · Part 2. Filing of Information
Montana Code Annotated

Mont. Code Ann. § 46-11-203 (2026)

Time For Filing Information

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 11
  4. Part 2
  5. 46-11-203 Time for filing information

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 11. COMMENCEMENT OF PROSECUTION

Part 2. Filing of Information

Time For Filing Information

46-11-203. Time for filing information. (1) After a finding of probable cause following a preliminary examination or waiver of a preliminary examination or after leave of court has been granted, the prosecutor shall file within 30 days in the proper district court an information charging the defendant with the offense or any other offense supported by probable cause.

(2) Unless good cause to the contrary is shown, the court shall dismiss the prosecution if an information is not filed within 30 days as required in subsection (1).

History: En. 95-1302 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1302; amd. Sec. 100, Ch. 800, L. 1991.

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1982–2025 · leading case: State v. Strobel, 885 P.2d 503 (Mont. 1994).
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State v. Strobel, 885 P.2d 503 (Mont. 1994). · cites it 48× “On September 29, 1993, Strobe1 moved to dismiss the informa- tion on grounds that it had not been filed within the thirty-day time period prescribed in § 46-11-203, MCA. The District Court denied that motion and also denied Strobel's motion to be released on her own recognizance.”
State of Iowa v. Deantay Darelle Williams, 895 N.W.2d 856 (Iowa 2017). · cites it 2× “effective May 4, 2017); Mont. Code Ann. § 46-11-203 (1) (West, Westlaw current with amendments received through Sept.”
State v. Bailey, 655 P.2d 494 (Mont. 1982). · cites it 9× “The defendant appeared in District Court on April 22, 1981, and moved to dismiss the information on the grounds that it was filed five days beyond the thirty day time limit set out in section 46-11-203, MCA. That information was dismissed pursuant to the defendant’s motion on…”
State v. Haller, 2013 MT 199 (Mont. 2013). · cites it 5× “The State argues that under § 46-11-203, MCA, the time between the initial appearance and the probable cause determination is reasonable if it files an information within 30 days.”
State v. R. Butterfly, 2016 MT 195 (Mont. 2016). · cites it 2× “See § 46-11-203, MCA. After two unsuccessful attempts, the State later filed a new information charging Bailey with the same offense.”
State v. H. Vaska, 2025 MT 168 (Mont. 2025). · cites it 5× “” Section 46-11-203(1), MCA. If the State does not file an information “within 30 days[,]” “the court shall dismiss the prosecution.”
State v. H. Vaska, 2025 MT 168 (Mont. 2025). · cites it 5× “” Section 46-11-203(1), MCA. If the State does not file an information “within 30 days[,]” “the court shall dismiss the prosecution.”
State v. Vanmoorsel, 2001 MT 281N (Mont. 2001). · cites it 4× “The court noted that the dismissal was made pursuant to § 46-11-203(2), MCA, and this Court's decision in State v.”
Amended August 7, 2017 State of Iowa v. Deantay Darelle Williams (Iowa 2017). “effective May 4, 2017); Mont. Code Ann. § 46-11-203 (1) (West, Westlaw current with amendments received through Sept.”
— Mont. Code Ann. § 46-11-203(1) — 4 cases
State v. Haller, 2013 MT 199 (Mont. 2013). “The State argues that under § 46-11-203, MCA, the time between the initial appearance and the probable cause determination is reasonable if it files an information within 30 days.”
State v. Strobel, 885 P.2d 503 (Mont. 1994). “On September 29, 1993, Strobe1 moved to dismiss the informa- tion on grounds that it had not been filed within the thirty-day time period prescribed in § 46-11-203, MCA. The District Court denied that motion and also denied Strobel's motion to be released on her own recognizance.”
State v. H. Vaska, 2025 MT 168 (Mont. 2025). “” Section 46-11-203(1), MCA. If the State does not file an information “within 30 days[,]” “the court shall dismiss the prosecution.”
State v. H. Vaska, 2025 MT 168 (Mont. 2025). “” Section 46-11-203(1), MCA. If the State does not file an information “within 30 days[,]” “the court shall dismiss the prosecution.”
— Mont. Code Ann. § 46-11-203(2) — 2 cases
State v. Strobel, 885 P.2d 503 (Mont. 1994). “On September 29, 1993, Strobe1 moved to dismiss the informa- tion on grounds that it had not been filed within the thirty-day time period prescribed in § 46-11-203, MCA. The District Court denied that motion and also denied Strobel's motion to be released on her own recognizance.”
State v. Vanmoorsel, 2001 MT 281N (Mont. 2001). “The court noted that the dismissal was made pursuant to § 46-11-203(2), MCA, and this Court's decision in State v.”
— Mont. Code Ann. § 46-11-203(l) — 1 case
State v. Strobel, 885 P.2d 503 (Mont. 1994). “On September 29, 1993, Strobe1 moved to dismiss the informa- tion on grounds that it had not been filed within the thirty-day time period prescribed in § 46-11-203, MCA. The District Court denied that motion and also denied Strobel's motion to be released on her own recognizance.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.