Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 13. PRETRIAL MOTIONS · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 46-13-101 (2026)

Pretrial Motions And Notices

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 13
  4. Part 1
  5. 46-13-101 Pretrial motions and notices

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 13. PRETRIAL MOTIONS

Part 1. General Provisions

Pretrial Motions And Notices

46-13-101. Pretrial motions and notices. (1) Except for good cause shown, any defense, objection, or request that is capable of determination without trial of the general issue must be raised at or before the omnibus hearing unless otherwise provided by Title 46.

(2) Failure of a party to raise defenses or objections or to make requests that must be made prior to trial, at the time set by the court, constitutes a waiver of the defense, objection, or request.

(3) The court, for cause shown, may grant relief from any waiver provided by this section. Lack of jurisdiction or the failure of a charging document to state an offense is a nonwaivable defect and must be noticed by the court at any time during the pendency of a proceeding.

(4) Unless the court provides otherwise, all pretrial motions must be in writing and must be supported by a statement of the relevant facts upon which the motion is being made. The motion must state with particularity the grounds for the motion and the order or relief sought.

History: En. 95-1701 by Sec. 1, Ch. 196, L. 1967; R.C.M. 1947, 95-1701; amd. Sec. 168, Ch. 800, L. 1991.

Notes of Decisions
Cited in 43 cases (6 in the last 5 years), 1992–2026 · leading case: State v. C. Ankeny, 2018 MT 91 (Mont. 2018).
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State v. C. Ankeny, 2018 MT 91 (Mont. 2018). · cites it 82× “Section 46-13-101(1), MCA. Parties must be prepared to discuss pretrial matters, including joinder of offenses, at the omnibus hearing, and failure to do so constitutes waiver: The prosecutor and the defendant’s counsel shall attend the [omnibus] hearing and must be prepared to…”
State v. Hamilton, 428 P.3d 849 (Mont. 2018). · cites it 22× “To determine whether the statute provides minimal guidelines to law enforcement regarding the defendant's conduct, a court must establish whether the guidelines are sufficient "to prevent arbitrary and discriminatory enforcement..”
State v. VonBergen, 2003 MT 265 (Mont. 2003). · cites it 25× “First, § 46-13-101, MCA, regarding pretrial notices and motions, states: (1) Except for good cause shown, any defense, objection, or request that is capable of determination without trial of the general issue must be raised at or before the omnibus hearing unless otherwise…”
State v. Weldele, 2003 MT 117 (Mont. 2003). · cites it 6× “¶ 66 While it may have been within the court's discretion to modify the scheduling order and accept the motions, it was also within its discretion to deny such motions as untimely based upon Weldele's failure to comply with the scheduling order.”
State v. Cybulski, 2009 MT 70 (Mont. 2009). · cites it 6× “¶31 Section 46-13-101(4), MCA, provides that *436 all pretrial motions must be in writing and must be supported by a statement of the relevant facts upon which the motion is being made.”
State v. Greywater, 939 P.2d 975 (Mont. 1997). · cites it 13× “The court also determined that the motion was covered under § 46-13-101, MCA, and found no good cause for it to be raised.”
State v. Greywater, 939 P.2d 975 (Mont. 1997). · cites it 13× “The court also determined that the motion was covered under § 46-13-101, MCA, and found no good cause for it to be raised.”
State v. Williams-Rusch, 928 P.2d 169 (Mont. 1996). · cites it 10× “Under § 46-13-101, MCA, most defenses or objections to a criminal charge that are capable of determination without trial must be raised at or before the omnibus hearing.”
State v. Landis, 2002 MT 45 (Mont. 2002). · cites it 8× “In that regard, § 46-13-101, MCA, provides in pertinent part: *359 (1) Except for good cause shown, any defense, objection, or request that is capable of determination without trial of the general issue must be raised at or before the omnibus hearing.”
State v. Cotterell, 2008 MT 409 (Mont. 2008). · cites it 7× “Most relevant to the facts in the instant case is § 46-13-101, MCA, which provides, in pertinent part: Pretrial motions and notices.”
State v. Huffine, 422 P.3d 102 (Mont. 2018). · cites it 5× “JAMES JEREMIAH SHEA, J. BETH BAKER, J. JIM RICE, J. Huffine asked for permission to leave the courtroom upon his assertion that the judge was not qualified to preside over the case.”
State v. Adkins, 2009 MT 71 (Mont. 2009). · cites it 6× “Did the District Court err in denying Adkins’s motion for a suppression hearing as untimely? ¶19 Under § 46-13-302(1), MCA, “[a] defendant aggrieved by an unlawful search and seizure may move the court to suppress as evidence anything obtained by the unlawful search and…”
Show all 43 citing cases →
— Mont. Code Ann. § 46-13-101(1) — 15 cases
State v. C. Ankeny, 2018 MT 91 (Mont. 2018). “Section 46-13-101(1), MCA. Parties must be prepared to discuss pretrial matters, including joinder of offenses, at the omnibus hearing, and failure to do so constitutes waiver: The prosecutor and the defendant’s counsel shall attend the [omnibus] hearing and must be prepared to…”
State v. Hamilton, 428 P.3d 849 (Mont. 2018). “To determine whether the statute provides minimal guidelines to law enforcement regarding the defendant's conduct, a court must establish whether the guidelines are sufficient "to prevent arbitrary and discriminatory enforcement..”
State v. Adkins, 2009 MT 71 (Mont. 2009). “Did the District Court err in denying Adkins’s motion for a suppression hearing as untimely? ¶19 Under § 46-13-302(1), MCA, “[a] defendant aggrieved by an unlawful search and seizure may move the court to suppress as evidence anything obtained by the unlawful search and…”
State v. Landis, 2002 MT 45 (Mont. 2002). “In that regard, § 46-13-101, MCA, provides in pertinent part: *359 (1) Except for good cause shown, any defense, objection, or request that is capable of determination without trial of the general issue must be raised at or before the omnibus hearing.”
State v. Dist. Court of the Eighteenth Jud. Dist. of Montana, 2010 MT 263 (Mont. 2010).
— Mont. Code Ann. § 46-13-101(2) — 16 cases
State v. Weldele, 2003 MT 117 (Mont. 2003). “¶ 66 While it may have been within the court's discretion to modify the scheduling order and accept the motions, it was also within its discretion to deny such motions as untimely based upon Weldele's failure to comply with the scheduling order.”
State v. C. Ankeny, 2018 MT 91 (Mont. 2018). “Section 46-13-101(1), MCA. Parties must be prepared to discuss pretrial matters, including joinder of offenses, at the omnibus hearing, and failure to do so constitutes waiver: The prosecutor and the defendant’s counsel shall attend the [omnibus] hearing and must be prepared to…”
State v. VonBergen, 2003 MT 265 (Mont. 2003). “First, § 46-13-101, MCA, regarding pretrial notices and motions, states: (1) Except for good cause shown, any defense, objection, or request that is capable of determination without trial of the general issue must be raised at or before the omnibus hearing unless otherwise…”
State v. Hamilton, 428 P.3d 849 (Mont. 2018). “To determine whether the statute provides minimal guidelines to law enforcement regarding the defendant's conduct, a court must establish whether the guidelines are sufficient "to prevent arbitrary and discriminatory enforcement..”
State v. Passmore, 2010 MT 34 (Mont. 2010).
— Mont. Code Ann. § 46-13-101(3) — 14 cases
State v. C. Ankeny, 2018 MT 91 (Mont. 2018). “Section 46-13-101(1), MCA. Parties must be prepared to discuss pretrial matters, including joinder of offenses, at the omnibus hearing, and failure to do so constitutes waiver: The prosecutor and the defendant’s counsel shall attend the [omnibus] hearing and must be prepared to…”
State v. VonBergen, 2003 MT 265 (Mont. 2003). “First, § 46-13-101, MCA, regarding pretrial notices and motions, states: (1) Except for good cause shown, any defense, objection, or request that is capable of determination without trial of the general issue must be raised at or before the omnibus hearing unless otherwise…”
State v. Williams-Rusch, 928 P.2d 169 (Mont. 1996). “Under § 46-13-101, MCA, most defenses or objections to a criminal charge that are capable of determination without trial must be raised at or before the omnibus hearing.”
State v. Liefert, 2002 MT 48 (Mont. 2002).
State v. Hamilton, 428 P.3d 849 (Mont. 2018). “To determine whether the statute provides minimal guidelines to law enforcement regarding the defendant's conduct, a court must establish whether the guidelines are sufficient "to prevent arbitrary and discriminatory enforcement..”
— Mont. Code Ann. § 46-13-101(4) — 5 cases
State v. Cybulski, 2009 MT 70 (Mont. 2009). “¶31 Section 46-13-101(4), MCA, provides that *436 all pretrial motions must be in writing and must be supported by a statement of the relevant facts upon which the motion is being made.”
State v. Huffine, 422 P.3d 102 (Mont. 2018). “JAMES JEREMIAH SHEA, J. BETH BAKER, J. JIM RICE, J. Huffine asked for permission to leave the courtroom upon his assertion that the judge was not qualified to preside over the case.”
State v. Craig, 906 P.2d 683 (Mont. 1995).
Yecovenko v. State, 2007 MT 338 (Mont. 2007).
State v. Yecovenko, 2004 MT 196 (Mont. 2004).
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