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HB116 • 2025

Provide for attorneys to appear remotely

Provide for attorneys to appear remotely

Technology
Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Valerie Moore
Last action
2025-05-22
Official status
(H) Died in Process
Effective date
Not listed

Plain English Breakdown

The official source material did not provide specific details about enforcement and penalties.

Allowing Attorneys to Appear in Court Remotely

This bill allows public defenders and other attorneys to appear remotely for nonsubstantive hearings but requires courts to order an attorney's physical presence if there is good cause.

What This Bill Does

  • Allows public defenders and other attorneys to attend nonsubstantive court hearings through video calls.
  • Requires courts to establish a clear process for remote appearances by lawyers.
  • Gives judges the power to order an attorney to be present physically if there is good cause, such as lack of technology.

Who It Names or Affects

  • Public defenders and other attorneys
  • Courts in Montana

Terms To Know

Nonsubstantive hearing
A court event that does not decide the main issues of a case, like setting dates or checking on progress.
Good cause
Reasons why an attorney might need to appear in person instead of remotely.

Limits and Unknowns

  • The bill did not become law because it died during the legislative process.
  • It does not specify how courts will provide technology for remote appearances.
  • Details about enforcement and penalties are not included.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

COMMITTEE

Plain English: Amendment 1 to HB116 allows public defenders to appear remotely in nonsubstantive hearings unless a court finds good cause for their personal presence.

  • Public defenders can now appear remotely in nonsubstantive hearings, except when the court determines there is 'good cause' for them to be present in person at least five business days before the hearing.
  • The amendment does not specify what constitutes 'good cause,' leaving it up to individual courts to decide based on their circumstances.

Bill History

  1. 2025-05-22 HOUSE

    (H) Died in Process

  2. 2025-04-29 SENATE

    (S) Taken from Committee; Placed on 2nd Reading

  3. 2025-04-29 SENATE

    (S) Scheduled for 2nd Reading

  4. 2025-04-29 SENATE

    (S) 2nd Reading Pass Motion Failed

  5. 2025-04-29 SENATE

    (S) 2nd Reading Indefinitely Postponed

  6. 2025-04-24 SENATE

    (S) Motion Failed

  7. 2025-02-26 SENATE

    (S) Tabled in Committee

  8. 2025-02-26 SENATE

    (S) Tabled in Committee

  9. 2025-02-22 SENATE

    (S) Hearing

  10. 2025-02-18 SENATE

    (S) Referred to Committee

  11. 2025-01-23 SENATE

    (S) First Reading

  12. 2025-01-22 HOUSE

    (H) Scheduled for 3rd Reading

  13. 2025-01-22 HOUSE

    (H) 3rd Reading Passed

  14. 2025-01-22 HOUSE

    (H) Transmitted to Senate

  15. 2025-01-21 HOUSE

    (H) Scheduled for 2nd Reading

  16. 2025-01-21 HOUSE

    (H) 2nd Reading Passed

  17. 2025-01-16 HOUSE

    (H) Committee Executive Action--Bill Passed as Amended

  18. 2025-01-16 HOUSE

    (H) Committee Executive Action--Bill Passed as Amended

  19. 2025-01-16 HOUSE

    (H) Committee Report--Bill Passed as Amended

  20. 2025-01-07 HOUSE

    (H) Fiscal Note Received

  21. 2025-01-07 HOUSE

    (H) Hearing

  22. 2025-01-07 HOUSE

    (H) Fiscal Note Signed

  23. 2025-01-07 HOUSE

    (H) Fiscal Note Printed

  24. 2025-01-06 HOUSE

    (H) First Reading

  25. 2024-12-30 HOUSE

    (H) Referred to Committee

  26. 2024-12-27 HOUSE

    (LC) Draft Delivered to Requester

  27. 2024-12-27 HOUSE

    (H) Introduced

  28. 2024-12-27 HOUSE

    (H) Fiscal Note Requested

  29. 2024-11-18 HOUSE

    (LC) Draft Ready for Delivery

  30. 2024-11-17 HOUSE

    (LC) Draft in Assembly

  31. 2024-11-14 HOUSE

    (LC) Draft in Final Drafter Review

  32. 2024-11-13 HOUSE

    (LC) Draft in Input/Proofing

  33. 2024-11-11 HOUSE

    (LC) Draft in Edit

  34. 2024-11-08 HOUSE

    (LC) Draft in Legal Review

  35. 2024-11-07 HOUSE

    (LC) Draft Taken Off Hold

  36. 2024-10-16 HOUSE

    (LC) Draft On Hold

  37. 2024-09-16 HOUSE

    (LC) Drafter Assigned

Official Summary Text

Provide for attorneys to appear remotely

Current Bill Text

Read the full stored bill text 
- 2025
69th Legislature 2025 HB0116.2
- 1 - Authorized Print Version – HB 116
1 HOUSE BILL NO. 116
2 INTRODUCED BY V. MOORE
3 BY REQUEST OF THE OFFICE OF PUBLIC DEFENDER
4
5 A BILL FOR AN ACT ENTITLED: “AN ACT PROVIDING FOR ATTORNEYS TO APPEAR REMOTELY IN
6 COURT; ESTABLISHING THAT PUBLIC DEFENDERS MAY APPEAR REMOTELY IN NONSUBSTANTIVE
7 HEARINGS; PROVIDING THAT A COURT MAY ORDER AN ATTORNEY TO APPEAR IN PERSON IF GOOD
8 CAUSE EXISTS; AND PROVIDING DEFINITIONS.”
9
10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
11
12 NEW SECTION. Section 1. Remote appearance by counsel -- definitions. (1) All courts shall
13 establish a consistent, predictable process for attorneys to appear remotely in court.
14 (2) (a) Except as provided in subsection (2)(b), an attorney assigned pursuant to 47-1-104(4) who
15 is appearing in court for a nonsubstantive hearing may appear remotely. IF APPEARING REMOTELY, THE ATTORNEY
16SHALL USE A CAMERA TO APPEAR ONSCREEN.
17 (b) A court may order an attorney to appear in person for a specific nonsubstantive hearing if the
18 court finds good cause for the attorney's personal presence and issues an order providing the legal and factual
19 basis for good cause at least 5 business days before the specified hearing.
20 (c) For the purposes of this subsection (2), the term "good cause" includes a court's lack of
21 available technological resources or capacity to accommodate having the attorney appear remotely.
22 (3) As used in this section, the following definitions apply:
23 (a) "Appear remotely" means to participate in a hearing through the use of two-way electronic
24 audio-video communication that allows:
25 (i) all of the participants to be heard in the courtroom by all present and allows the party speaking
26 to be seen; and
27 (ii) a defendant or person represented by counsel assigned pursuant to 47-1-104(4) to see and
28 communicate privately with the defendant's or person's attorney.
- 2025
69th Legislature 2025 HB0116.2
- 2 - Authorized Print Version – HB 116
1 (b) "Nonsubstantive hearing" means a court event in which the substantive outcome of the matter
2 will not be decided during the event, including:
3 (i) arraignments and initial appearances;
4 (ii) bond and bail hearings;
5 (iii) status hearings, conferences, and court check-ins;
6 (iv) hearings for the purpose of scheduling;
7 (v) omnibus hearings;
8 (vi) calendar calls; and
9 (vii) other hearings in which substantive arguments or testimony will not be heard.
10
11 NEW SECTION. Section 2. Codification instruction. [Section 1] is intended to be codified as an
12 integral part of Title 3, chapter 1, part 3, and the provisions of Title 3, chapter 1, part 3, apply to [section 1].
13 - END -