An omnibus hearing is a short pretrial hearing where the judge and the lawyers sort out what has to happen before trial. In a Montana DUI case it comes after a not guilty plea and at least 30 days before the trial date (MCA § 46-13-110(1)). Nothing about guilt is decided there. What makes it important is the deadline attached to it: most pretrial defenses and requests must be raised at or before the hearing. This page is part of our Montana DUI Guide and expands one stage of the DUI court process.
What the Omnibus Hearing Is For
"Omnibus" means covering many things at once, and that is the idea. Instead of separate court dates for each pretrial question, the statute gathers them into one. Its stated purpose is "to expedite the procedures leading up to the trial of the defendant" (MCA § 46-13-110(2)). The parties must come prepared to discuss any pretrial matter appropriate to the case.
At the end, the court and counsel sign a court-approved memorandum of the matters settled, and it is filed in the case (MCA § 46-13-110(4)). In many courts this is a checklist form that the lawyers complete in advance. That form becomes the map for the rest of the case: which motions are coming, what discovery is outstanding, and when the next hearing is.
When It Happens
The statute gives two boundaries and no fixed day count. The hearing must be held "within a reasonable time following the entry of a not guilty plea but not less than 30 days before trial" (MCA § 46-13-110(1)). In a misdemeanor DUI, that places it somewhere between the arraignment and the trial date, inside the six-month window described on our speedy trial page.
The court sets the date, usually in a scheduling order issued when you plead not guilty. Read that order closely. It often sets other deadlines too, such as a date for filing motions or for giving notice that you want a jury.
What Gets Discussed
The statute lists the subjects. These are the ones that come up in DUI cases:
| Topic | What it means in a DUI case | MCA |
|---|---|---|
| Discovery | Whether each side has asked for and received what the other must disclose, and any motion to compel. | § 46-13-110(3)(e) |
| Motions to suppress | Whether the defense will challenge the stop, the arrest, a search, or a statement. | § 46-13-110(3)(h) |
| Motions to dismiss | Including a dismissal for delay in a misdemeanor case. | § 46-13-110(3)(i) |
| Plea agreement | Notice to the court that the parties have reached, or are working on, an agreement. | § 46-13-110(3)(d) |
| Defenses requiring notice | Certain defenses must be disclosed to the prosecutor in advance. | § 46-13-110(3)(f) |
| Bail | Whether the release conditions set at the start are still reasonable. | § 46-13-110(3)(k) |
| Stipulations | Facts or foundations the parties agree on, so trial time is spent on what is contested. | § 46-13-110(3)(l) |
The list also covers items that rarely apply to a single-defendant misdemeanor, such as joining or severing charges, double jeopardy, and a change in the place of trial.
The Deadline Built Into the Hearing
This is the part people miss. Under MCA § 46-13-101(1), "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," except for good cause or where another statute provides otherwise. Failing to raise such an issue at the time set by the court "constitutes a waiver" (MCA § 46-13-101(2)).
In a DUI case, the issues that fit that description are the ones that often matter most: whether the officer had a lawful basis for the stop, whether there was probable cause to arrest, and whether a statement or a test result should be kept out. Those are raised by a motion to suppress. To know whether one exists, your attorney needs the reports and video first, which is why discovery has to be requested early.
There are two safety valves. The court may grant relief from a waiver for cause shown, and two defects can never be waived: lack of jurisdiction, and a charging document that fails to state an offense (MCA § 46-13-101(3)). Neither is a reason to wait.
Unless the court says otherwise, pretrial motions must be in writing, supported by a statement of the relevant facts, and must state the grounds and the relief sought with particularity (MCA § 46-13-101(4)). Announcing a problem out loud at the hearing is not the same as filing a motion.
Do You Have to Be There?
The omnibus statute says the defendant's presence "is not required, unless ordered by the court," while the prosecutor and defense counsel must attend (MCA § 46-13-110(3)). A separate statute allows a person charged with a misdemeanor to appear by counsel only, although the court may require personal attendance at any time (MCA § 46-16-120). The lawyers may also attend by two-way audio or video if neither party objects and the court agrees.
Those are the statewide rules. Individual judges often set their own expectations in the scheduling order or as a condition of release. If your order tells you to appear, appear. A missed hearing can lead to a warrant, as our page on missed court dates explains.
What the Judge Decides, and What Comes Later
The court may rule on a motion at the omnibus hearing where appropriate, or schedule it for briefing and a further hearing (MCA § 46-13-110(5)). Simple, uncontested matters are usually handled on the spot. A contested suppression motion is different. If the motion states facts that would justify suppression if true, the court must hear its merits "at the omnibus hearing or at a later date if the court orders" (MCA § 46-13-302(2)). In practice that usually means a later evidentiary hearing where the officer testifies.
A motion made before trial must generally be decided before trial, and the court's final ruling must state its findings of fact and conclusions of law in writing or on the record (MCA § 46-13-104).
How Limited-Jurisdiction Courts Handle It
Most misdemeanor DUI cases are in justice, city, or municipal court. The omnibus statute refers to "the court" without limiting itself to district court, and Montana's criminal procedure code governs "all criminal proceedings in the courts of Montana" unless a different procedure is specifically provided (MCA § 46-1-103(1)). Municipal court practice is, by statute, the same as district court practice (MCA § 46-17-401).
What varies is the label and the format. Some courts hold a hearing they call an omnibus. Others set a pretrial conference or use a written omnibus form with no hearing unless a party asks for one. We cannot tell you from a statute how your court does it. Your scheduling order can, and so can an attorney who practices there. See which court hears a DUI for how the courts differ.
This page explains Montana procedure in general as of the 2025 Montana Code Annotated. Local practice varies by court. It is not legal advice about your specific case.