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Verified Application and Motion to Revoke - doj mt

Verified Application and Motion to Revoke - doj mt 2025

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The document is a legal motion filed by the Deputy County Attorney in Lewis and Clark County, Montana, requesting the court to revoke the order of release for a defendant who allegedly violated the conditions of their bail. The motion cites specific Montana code sections and outlines the circumstances of the defendant's release, including conditions related to alcohol abstinence and participation in a sobriety program. The State seeks a warrant for the defendant's arrest until a hearing can be held to reassess bail.

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We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

Do I have to respond to a motion?

Not all motions require a response. Courts dont look for a response to a motion for an extension of time because its not controversial and often automatically granted. In contrast, a motion for reconsideration of a court order has such a low success rate that responding to it is often a waste of time.

Can you file a motion to dismiss without filing an answer?

Although most defenses to a complaint must be stated in the answer, a defendant can move to dismiss the complaint before filing an answer. Motions to dismiss typically make one or more of these arguments: The court lacks the authority or jurisdiction to decide the case or to compel a defendant to appear.

Can anybody respond to a motion to dismiss in Montana?

If you were served with a Motion, you have the right to respond and tell the Judge whether you agree or disagree with the other sides request.

How to file a motion in Montana?

1) In writing by filing a Motion or responding to a Motion; or 2) In person at a hearing scheduled by the Judge, with both sides present.

How to oppose a motion for dismissal?

You might need to support your motion in opposition with an affidavit. An affidavit is a notarized (sworn) statement as to various facts in support of your opposition motion. For example, you might need to point out that the defendant has a summer home in your county and that he or she spends time there.

How long do you have to respond to a motion to dismiss in Montana?

(i) Responses to motions to dismiss, for judgment on the pleadings, or for summary judgment must be filed within 21 days after the motion was filed. (ii) Responses to all other motions must be filed within 14 days after the motion was filed.