Montana legislation · 2025 Regular Session
Montana HB116: Provide for attorneys to appear remotely
Status: Failed, May 22, 2025
What the bill says
A bill for an act entitled: "an act providing for attorneys to appear remotely in court; establishing that public defenders may appear remotely in nonsubstantive hearings; providing that a court may order an attorney to appear in person if good cause exists; and providing definitions.".
From the engrossed text:
A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING FOR ATTORNEYS TO APPEAR REMOTELY IN COURT; ESTABLISHING THAT PUBLIC DEFENDERS MAY APPEAR REMOTELY IN NONSUBSTANTIVE HEARINGS; PROVIDING THAT A COURT MAY ORDER AN ATTORNEY TO APPEAR IN PERSON IF GOOD CAUSE EXISTS; AND PROVIDING DEFINITIONS." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA: NEW SECTION. Section 1. Remote appearance by counsel -- definitions. (1) All courts shall establish a consistent, predictable process for attorneys to appear remotely in court. (2) (a) Except as provided in subsection (2)(b), an attorney assigned pursuant to 47-1-104(4) who is appearing in court for a nonsubstantive hearing may appear remotely. IF APPEARING REMOTELY, THE ATTORNEY SHALL USE A CAMERA TO APPEAR ONSCREEN. (b) A court may order an attorney to appear in person for a specific nonsubstantive hearing if the court finds good cause for the attorney's personal presence and issues an order providing the legal and factual basis for good cause at least 5 business days before the specified hearing. (c) For the purposes of this subsection (2), the term "good cause" includes a court's lack of available technological resources or capacity to accommodate having the attorney appear remotely. (3) As used in this section, the following definitions apply: (a) "Appear remotely" means to participate in a hearing through the use …
Sponsors
- Moore, Valerie (R, 29) · primary sponsor
Latest actions
- : (H) Died in Process
- : (S) 2nd Reading Indefinitely Postponed
- : (S) 2nd Reading
- : (S) Scheduled for 2nd Reading
- : (S) Take from Committee; Place on 2nd Reading
- : (S) Motion
- : (S) Tabled in Committee
- : (S) Hearing
- : (S) Referred to Committee
- : (S) 1st Reading
Votes
- Take HB 116 from Comm-Boldman (April 29, 2025): 26 yea, 24 nay, passed
- Indefinitely Postpone -McGillvray (April 29, 2025): 30 yea, 20 nay, passed
- Do Concur (April 29, 2025): 25 yea, 25 nay, failed
- Take HB 116 from Comm-Boldman (April 24, 2025): 23 yea, 27 nay, failed
- Do Pass (January 22, 2025): 73 yea, 27 nay, passed
- Do Pass (January 21, 2025): 68 yea, 31 nay, passed
Subjects: Criminal Procedure, State Government, Local Government
Common questions
- What is HB116?
- HB116 is a bill in the Montana Legislature (2025 Regular Session): Provide for attorneys to appear remotely.
- What does HB116 do?
- In its own words: A bill for an act entitled: "an act providing for attorneys to appear remotely in court; establishing that public defenders may appear remotely in nonsubstantive hearings; providing that a court may order an attorney to appear in person if good cause exists; and providing definitions.".
- What is the status of HB116?
- Failed as of May 22, 2025. Latest action: (H) Died in Process (May 22, 2025).
- Who sponsored HB116?
- Moore, Valerie (R, 29).
- Where is the official record for HB116?
- On the Montana Legislature website: https://bills.legmt.gov/#/laws/bill/2/LC0251
Source: official Montana record. Tracked by Delilah, AI for legislation across all 50 states and Congress.