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  1. #1
    Join Date
    Sep 2005
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    Default Re: Can a Court File Charges Outside Court Hours in Montana

    Quote Quoting Ron El
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    There is a public post on Craigslist about someone who had an information filed against him at 4:33 am.
    So... we're not exactly looking at the original source.
    Quote Quoting Ron El
    I was under the impression that courts could only operate within the hours they post so that they would be subject to public scrutiny.
    As the indictment is prepared by a prosecutor, the act of accepting a filed document does not involve much action by a court. Given that many courts how provide for around-the-clock electronic filing, the fact that a particular document is filed outside of regular court hours could simply mean that's when the party who prepared the document hit a "submit" button on their computer.
    Quote Quoting adjusterjack
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    What is "an information"?
    An "information" is a document prepared by a prosecutor that presents the essence of a charge against a defendant. It can be contrasted with an indictment, which is essentially the same thing but issued by a grand jury.
    Quote Quoting indybail
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    The vast majority of judicial decision making does not occur while court is in session.
    The filing of an information is not an act of judicial decision-making. (And the Supreme Court doesn't put in a night shift. )

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Can a Court File Charges Outside Court Hours in Montana

    Can't vouch for Montana, but around here the lowest level of the judiciary works 24 hours. They take turns having the duty and there's typically only ONE judge on duty at night, but it's possible to have charges accepted by the court at any hour.

    However the "information" in Montana and federally is actually the statement of charges by the prosecutor. It doesn't even need a judge to be "filed," just transmitted to the court somehow.

    What makes you think that the legal process is obligated to work during business hours? There's no constitutional or other precedent that would imply this.

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