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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.
Be as persuasive as possible as you write your motion in a sequential, logical format. Express your ideas clearly, and make sure you outline what steps are necessary and how they will help your case. Use facts of the case whenever you can to avoid baseless emotional appeals.
BY INDIVIDUAL FORM Motions made be in writing, or in person at a hearing with both sides present. Motion practice involves important rules regarding timing, notice and other matters directed by the Montana Rules of Civil Procedure.
One of the last steps a prosecutor takes before trial is to respond to or file motions. A motion is an application to the court made by the prosecutor or defense attorney, requesting that the court make a decision on a certain issue before the trial begins.
What it means to file a motion: A motion, in its simplest form is a list of requests that you are asking the Court grant on your behalf. You, or your attorney on your behalf, will file a Notice of Motion which includes a list of requests for the court to rule upon.