TABLE OF CONTENTS

1. Caption
2. Introduction
3. Statement of Facts
4. Grounds for Dismissal
5. Legal Argument
6. Prayer for Relief
7. Certificate of Service

MONTANA [________________________________] JUDICIAL DISTRICT COURT

[________________________________] COUNTY

DEFENDANT'S MOTION TO DISMISS

I. INTRODUCTION

Defendant, [DEFENDANT FULL LEGAL NAME], by and through counsel, [ATTORNEY NAME], of [LAW FIRM NAME], respectfully moves this Court to dismiss the ☐ Information / ☐ Indictment / ☐ Complaint filed in the above-captioned matter pursuant to Montana Code Annotated §§ 46-13-402 and 46-13-403. This motion is made on the grounds set forth below and is supported by the accompanying memorandum, attached exhibits, and all papers and records on file herein.

II. STATEMENT OF FACTS

On or about [__/__/____], Defendant was charged by way of ☐ Information / ☐ Indictment / ☐ Complaint with the following offense(s):

[Provide a concise factual summary of the relevant procedural history and facts giving rise to this motion.]

[________________________________]

III. GROUNDS FOR DISMISSAL

Defendant seeks dismissal on the following grounds (check all that apply):

☐ A. Insufficient Evidence / Lack of Probable Cause
The evidence is insufficient to establish probable cause that a crime was committed and that Defendant committed it. The charging document fails to state facts sufficient to constitute an offense.

☐ B. Speedy Trial Violation (MCA § 46-13-201; Mont. Const. Art. II, § 24)
The State failed to bring Defendant to trial within the time required by law. For misdemeanors, the defendant must be tried within six months of plea entry (MCA § 46-13-401). For felonies, the constitutional speedy trial right applies.

☐ C. Statute of Limitations (MCA § 45-1-205)
The prosecution was commenced beyond the applicable statute of limitations. The charged offense carries a limitations period of [________________________________] and the alleged conduct occurred on or about [__/__/____].

☐ D. Double Jeopardy (U.S. Const. Amend. V; Mont. Const. Art. II, § 25)
Defendant has previously been placed in jeopardy for the same offense. The prior proceeding concluded on [__/__/____] in Cause No. [________________________________].

☐ E. Due Process Violation (U.S. Const. Amend. XIV; Mont. Const. Art. II, § 17)
The prosecution's conduct has violated Defendant's due process rights, including but not limited to: [________________________________].

☐ F. Defective Charging Instrument (MCA § 46-11-401 et seq.)
The ☐ Information / ☐ Indictment / ☐ Complaint is fatally defective because: [________________________________].

☐ G. Prosecutorial Misconduct
The prosecution engaged in misconduct that has prejudiced Defendant's rights, specifically: [________________________________].

☐ H. Lack of Jurisdiction
This Court lacks subject matter jurisdiction over the charged offense because: [________________________________].

☐ I. Immunity or Other Legal Bar
The defendant is immune from prosecution or there is another legal bar to prosecution because: [________________________________].

IV. LEGAL ARGUMENT

A. Motion to Dismiss Under MCA §§ 46-13-402 and 46-13-403

Under Montana Code Annotated § 46-13-402, a defendant may at any time move to dismiss. Section 46-13-403 provides that the court may dismiss on the defendant's motion if: (1) there is an unjustifiable delay in bringing the defendant to trial; (2) the charging document is not properly verified or does not substantially comply with statutory requirements; (3) the facts stated in the charging document do not constitute an offense; (4) the court has no jurisdiction; (5) the prosecution is barred by statute, double jeopardy, or other legal bar; or (6) the defendant has been previously convicted or acquitted of the same offense. State v. Ariegwe, 2007 MT 204, 338 Mont. 442, 167 P.3d 815.

[________________________________]

B. Speedy Trial

Under MCA § 46-13-401, after entry of a plea on a misdemeanor charge, the court shall order dismissal with prejudice if the defendant is not brought to trial within six months, unless the trial was postponed on the defendant's motion. For felonies, Montana follows the constitutional speedy trial analysis under Barker v. Wingo, 407 U.S. 514 (1972), as adopted in State v. Ariegwe, 2007 MT 204. The Ariegwe test analyzes: (1) length of delay, (2) reason for delay, (3) defendant's response to delay, and (4) prejudice.

[________________________________]

C. Statute of Limitations

Under MCA § 45-1-205, there is no time limitation for deliberate homicide and certain sexual offenses against children. For other felonies, the general limitations period is five years. For misdemeanors, the limitation period is one year. The alleged offense occurred on [__/__/____] and the charging document was not filed until [__/__/____]. State v. Crist, 281 Mont. 365, 934 P.2d 185 (1997).

[________________________________]

D. Double Jeopardy

The Double Jeopardy Clause of the Fifth Amendment and Article II, § 25 of the Montana Constitution prohibit successive prosecutions for the same offense. North Carolina v. Pearce, 395 U.S. 711 (1969); State v. Matt, 249 Mont. 136, 814 P.2d 52 (1991).

[________________________________]

E. Additional Grounds

[________________________________]

V. PRAYER FOR RELIEF

WHEREFORE, Defendant respectfully requests that this Court:

1. Dismiss the ☐ Information / ☐ Indictment / ☐ Complaint and all charges against Defendant ☐ with prejudice / ☐ without prejudice;
2. Order the release of Defendant from any conditions of bail or pretrial detention;
3. Grant such other and further relief as this Court deems just and proper.

Dated: [__/__/____]

Respectfully submitted,

________________________________________
[ATTORNEY NAME], Montana Bar No. [________________________________]
[LAW FIRM NAME]
[ADDRESS]
[CITY], Montana [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]

Attorney for Defendant [DEFENDANT FULL LEGAL NAME]

VI. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], a true and correct copy of the foregoing Defendant's Motion to Dismiss was served upon the following parties by the method indicated:

☐ Personal delivery / hand delivery
☐ U.S. Mail, first class, postage prepaid
☐ Electronic filing / service via [________________________________]

Office of the County Attorney
[________________________________] County
[ADDRESS]
[CITY], Montana [ZIP CODE]

Dated: [__/__/____]

________________________________________
[ATTORNEY NAME]

MONTANA-SPECIFIC NOTES

• MCA § 46-13-401: The court may dismiss on its own or the prosecution's motion in furtherance of justice. For felonies, good cause must be shown and reasons stated on the record.
• MCA § 46-13-402: Defendant may move to dismiss at any time.
• MCA § 46-13-403: Lists specific grounds for dismissal including unjustifiable delay, defective charging document, failure to state an offense, lack of jurisdiction, and legal bars including double jeopardy and statute of limitations.
• Six-Month Misdemeanor Rule (§ 46-13-401): After plea entry on a misdemeanor, dismissal with prejudice is required if trial has not occurred within six months (absent defendant-caused delay).
• MCA § 45-1-205 (Limitations): No limitation for deliberate homicide and certain child sexual offenses; five years for most felonies; one year for misdemeanors.
• Felony Speedy Trial: Montana follows the Ariegwe four-factor test, which is an adaptation of Barker v. Wingo.
• Grand Jury: Montana allows prosecution by information or indictment; grand jury indictment is not constitutionally required.

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice. Consult a licensed Montana attorney before use.