reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 7. Trials › Part 2. Selection of Jury › 25-7-222. Challenges to the array or panel

25-7-222. Challenges to the array or panel.
(1) A challenge to the array or panel may be made and the whole array or panel set aside by the court when the jury was not selected, drawn, summoned, or notified as prescribed by law. It is not a valid objection to a jury that it contains none of the jurors originally returned to the court or is only partially composed of such jurors.
(2) There can be only one challenge on a side to the array or panel, which may be made by one or more of the parties.
History: Ap. p. Sec. 1058, C. Civ. Proc. 1895; re-en. Sec. 6739, Rev. C. 1907; re-en. Sec. 9342, R.C.M. 1921; re-en. Sec. 9342, R.C.M. 1935; Sec. 93-5009, R.C.M. 1947; Ap. p. Sec. 133, p. 69, Bannack Stat.; re-en. Sec. 161, p. 164, L. 1867; amd. Sec. 197, p. 66, Cod. Stat. 1871; amd. Sec. 248, p. 100, L. 1877; amd. Sec. 248, 1st Div. Rev. Stat. 1879; re-en. Sec. 257, 1st Div. Comp. Stat. 1887; re-en. Sec. 1059, C. Civ. Proc. 1895; re-en. Sec. 6740, Rev. C. 1907; re-en. Sec. 9343, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 301; re-en. Sec. 9343, R.C.M. 1935; amd. Sec. 1, Ch. 300, L. 1971; Sec. 93-5010, R.C.M. 1947; R.C.M. 1947, 93-5009, 93-5010(part).
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 7. Trials › Part 2. Selection of Jury › 25-7-223. Challenges to jurors for cause

25-7-223. Challenges to jurors for cause.
Challenges for cause may be taken on one or more of the following grounds:
(1) a want of any of the qualifications prescribed by this code to render a person competent as a juror;
(2) being the spouse of or related to a party by consanguinity or affinity within the sixth degree;
(3) standing in the relation of guardian and ward, debtor and creditor, employer and employee, or principal and agent to either party or being a partner in business with either party or surety on any bond or obligation for either party. However, a challenge for cause may not be taken because of debtor and creditor relation when the same arises solely:
(a) by reason of current bills of gas, water, electricity, or telephone; or
(b) because a prospective juror is a depositor of funds with a bank, savings and loan institution, credit union, or similar financial institution.
(4) having served as a juror or been a witness on a previous trial between the same parties for the same cause of action;
(5) interest on the part of the juror in the event of the action or in the main question involved in the action, except the juror's interest as a member or citizen of a municipal corporation;
(6) having an unqualified opinion or belief as to the merits of the action;
(7) the existence of a state of mind in the juror evincing enmity against or bias in favor of either party.
History: En. Sec. 134, p. 70, Bannack Stat.; re-en. Sec. 162, p. 164, L. 1867; re-en. Sec. 198, p. 66, Cod. Stat. 1871; re-en. Sec. 249, p. 100, L. 1877; re-en. Sec. 249, 1st Div. Rev. Stat. 1879; re-en. Sec. 258, 1st Div. Comp. Stat. 1887; amd. Sec. 1060, C. Civ. Proc. 1895; re-en. Sec. 6741, Rev. C. 1907; re-en. Sec. 9344, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 602; re-en. Sec. 9344, R.C.M. 1935; amd. Sec. 1, Ch. 10, L. 1953; R.C.M. 1947, 93-5011; amd. Sec. 94, Ch. 575, L. 1981; amd. Sec. 1, Ch. 106, L. 1983; amd. Sec. 406, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 7. Trials › Part 2. Selection of Jury › 25-7-224. Peremptory challenges to jurors

25-7-224. Peremptory challenges to jurors.
(1) Each party is entitled to four peremptory challenges, except as provided for under subsection (2).
(2) When a six-person jury is authorized by law, each side shall have two peremptory challenges. When the parties agree upon a jury consisting of a number of persons other than 6 or 12, they shall also agree in open court, with the approval of the court, upon the number of peremptory challenges to be allowed, not to exceed four.
(3) Peremptory challenges shall be taken as provided in Rule 47(b), M.R.Civ.P.
History: Ap.p. Sec. 133, p. 69, Bannack Stat.; re-en. Sec. 161, p. 164, L. 1867; amd. Sec. 197, p. 66, Cod. Stat. 1871; amd. Sec. 248, p. 100, L. 1877; amd. Sec. 248, 1st Div. Rev. Stat. 1879; re-en. Sec. 257, 1st Div. Comp. Stat. 1887; re-en. Sec. 1059, C. Civ. Proc. 1895; re-en. Sec. 6740, Rev. C. 1907; re-en. Sec. 9343, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 301; re-en. Sec. 9343, R.C.M. 1935; amd. Sec. 1, Ch. 300, L. 1971; Sec. 93-5010, R.C.M. 1947; Ap.p. Sec. 224, C. Civ. Proc. 1895; re-en. Sec. 6334, Rev. C. 1907; re-en. Sec. 8887, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 194; re-en. Sec. 8887, R.C.M. 1935; amd. Sec. 4, Ch. 203, L. 1939; amd. Sec. 1, Ch. 293, L. 1971; Sec. 93-1205, R.C.M. 1947; R.C.M. 1947, 93-1205(part), 93-5010(part); amd. Sec. 95, Ch. 575, L. 1981.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 7. Trials › Part 3. Order and Conduct of Trial by Jury › 25-7-301. Order of trial

25-7-301. Order of trial.
When the jury has been sworn, the trial must proceed in the following order unless the court, for good cause and special reason, otherwise directs:
(1) The party who has the burden of proof may briefly state the party's case and the evidence by which the party expects to sustain it.
(2) The adverse party may then, or at the opening of the adverse party's case, briefly state the defense and the evidence that the adverse party expects to offer in support of it.
(3) The party who has the burden of proof shall first produce the party's evidence, and the adverse party shall then produce the adverse party's evidence.
(4) The parties shall then be confined to rebutting evidence unless the court, for good reasons in furtherance of justice, permits them to offer evidence in their original case.
(5) When the instructions have been passed upon and settled by the court and before the arguments of counsel to the jury have begun, the court shall charge the jury in writing, giving in the charge only the instructions that are passed upon and settled at the settlement. In charging the jury, the court shall give to the jury all matters of law that the court thinks necessary for the jury's information in rendering a verdict.
(6) When the jury has been charged, unless the case is submitted to the jury on either side or on both sides without argument, the party upon whom rests the burden of proof shall commence and may conclude the argument. If several defendants having several defenses appear by different counsel, the court shall determine their relative order in the evidence and argument. Counsel, in arguing the case to the jury, may argue and comment upon the law of the case as given in the instructions of the court, as well as upon the evidence in the case.
History: En. Sec. 1, Ch. 34, L. 1907; Sec. 6746, Rev. C. 1907; re-en. Sec. 9349, R.C.M. 1921; Cal. C. Civ. Proc. Secs. 607, 608; re-en. Sec. 9349, R.C.M. 1935; amd. Sec. 84, Ch. 13, L. 1961; R.C.M. 1947, 93-5101; amd. Sec. 96, Ch. 575, L. 1981; amd. Sec. 407, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 7. Trials › Part 3. Order and Conduct of Trial by Jury › 25-7-302. Directed verdict when no issues of fact

25-7-302. Directed verdict when no issues of fact.
Where, upon the trial of an issue by a jury, the case presents only questions of law, the judge may direct the jury to render a verdict in favor of the party entitled thereto.
History: En. Sec. 1104, C. Civ. Proc. Sec. 1895; re-en. Sec. 6761, Rev. C. 1907; re-en. Sec. 9364, R.C.M. 1921; re-en. Sec. 9364, R.C.M. 1935; R.C.M. 1947, 93-5205.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 7. Trials › Part 3. Order and Conduct of Trial by Jury › 25-7-303. Activity of court during jury's absence

25-7-303. Activity of court during jury's absence.
While the jury is absent, the court may adjourn from time to time in respect to other business, but it is nevertheless open for every purpose connected with the case submitted to the jury until a verdict is rendered or the jury discharged. The court may direct the jury to bring in a sealed verdict at the opening of the court in case of an agreement during a recess or adjournment for the day.
History: En. Sec. 142, p. 71, Bannack Stat.; re-en. Sec. 170, p. 166, L. 1867; re-en. Sec. 210, p. 68, Cod. Stat. 1871; re-en. Sec. 260, p. 103, L. 1877; re-en. Sec. 260, 1st Div. Rev. Stat. 1879; re-en. Sec. 269, 1st Div. Comp. Stat. 1887; amd. Sec. 1088, C. Civ. Proc. 1895; re-en. Sec. 6754, Rev. C. 1907; re-en. Sec. 9357, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 617; re-en. Sec. 9357, R.C.M. 1935; R.C.M. 1947, 93-5109.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 7. Trials › Part 3. Order and Conduct of Trial by Jury › 25-7-304. Procedure when juror becomes sick

25-7-304. Procedure when juror becomes sick.
If, after the impaneling of the jury and before verdict, a juror becomes sick and is unable to perform the juror's duty, the court may order the juror to be discharged. In that case, subject to the provisions of Rule 47(c), M.R.Civ.P., the trial may proceed with the other jurors or another juror may be sworn and the trial may begin anew or the jury may be discharged and a new jury impaneled.
History: En. Sec. 136, p. 70, Bannack Stat.; amd. Sec. 164, p. 165, L. 1867; re-en. Sec. 205, p. 68, Cod. Stat. 1871; re-en. Sec. 255, p. 103, L. 1877; re-en. Sec. 255, 1st Div. Rev. Stat. 1879; re-en. Sec. 264, 1st Div. Comp. Stat. 1887; re-en. Sec. 1086, C. Civ. Proc. 1895; re-en. Sec. 6752, Rev. C. 1907; re-en. Sec. 9355, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 615; re-en. Sec. 9355, R.C.M. 1935; R.C.M. 1947, 93-5107; amd. Sec. 97, Ch. 575, L. 1981; amd. Sec. 408, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 7. Trials › Part 3. Order and Conduct of Trial by Jury › 25-7-305. Procedure when jury prevented from giving verdict

25-7-305. Procedure when jury prevented from giving verdict.
In all cases where the jury is discharged or prevented from giving a verdict by reason of accident or other cause during the progress of the trial or after the case is submitted to it, the action may be again tried immediately or at a future time, as the court may direct.
History: En. Sec. 141, p. 71, Bannack Stat.; amd. Sec. 169, p. 166, L. 1867; re-en. Sec. 209, p. 68, Cod. Stat. 1871; re-en. Sec. 259, p. 104, L. 1877; re-en. Sec. 259, 1st Div. Rev. Stat. 1879; re-en. Sec. 268, 1st Div. Comp. Stat. 1887; re-en. Sec. 1087, C. Civ. Proc. 1895; re-en. Sec. 6753, Rev. C. 1907; re-en. Sec. 9356, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 616; re-en. Sec. 9356, R.C.M. 1935; R.C.M. 1947, 93-5108.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 7. Trials › Part 4. Conduct of Jury › 25-7-401. View by jury of the premises

25-7-401. View by jury of the premises.
When, in the opinion of the court, it is proper for the jury to have a view of the property which is the subject of litigation or of the place at which any material fact occurred, it may order the jurors to be conducted in a body, under the charge of an officer and one person representing each party, to the place, which shall be shown to them by the persons appointed by the court for that purpose. While the jury is thus absent, no person other than the persons so appointed shall speak to it on any subject connected with the trial, and such persons shall not speak to the jury upon any matters connected with the subject of the action but may point out to the jury the property in litigation or the place at which any material fact occurred.
History: En. Sec. 204, p. 68, Cod. Stat. 1871; re-en. Sec. 254, p. 103, L. 1877; re-en. Sec. 254, 1st Div. Rev. Stat. 1879; re-en. Sec. 263, 1st Div. Comp. Stat. 1887; amd. Sec. 1081, C. Civ. Proc. 1895; re-en. Sec. 6747, Rev. C. 1907; re-en. Sec. 9350, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 610; re-en. Sec. 9350, R.C.M. 1935; R.C.M. 1947, 93-5102.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 7. Trials › Part 4. Conduct of Jury › 25-7-402. Admonition when jury permitted to separate

25-7-402. Admonition when jury permitted to separate.
If the jurors are permitted to separate, either during the trial or after the case is submitted to them, they shall be admonished by the court that it is their duty not to converse with or suffer themselves to be addressed by any other person on any subject of the trial and that it is their duty not to form or express an opinion thereon until the case is finally submitted to them.
History: En. Sec. 263, p. 104, L. 1877; re-en. Sec. 263, 1st Div. Rev. Stat. 1879; re-en. Sec. 272, 1st Div. Comp. Stat. 1887; re-en. Sec. 1082, C. Civ. Proc. 1895; re-en. Sec. 6748, Rev. C. 1907; re-en. Sec. 9351, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 611; re-en. Sec. 9351, R.C.M. 1935; R.C.M. 1947, 93-5103.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 7. Trials › Part 4. Conduct of Jury › 25-7-403. Conduct of jury after case submitted to it

25-7-403. Conduct of jury after case submitted to it.
When the case is finally submitted to the jury, it may decide in court or retire for deliberation. If the jurors retire, they must be kept together in some convenient place, under charge of an officer, until at least two-thirds of them agree upon a verdict or are discharged by the court. Unless by order of the court, the officer having the jurors under the officer's charge may not allow any communication to be made to the jurors and the officer may not make any communication, except to ask the jurors if they or two-thirds of them are agreed upon a verdict. The officer may not, before the jurors' verdict is rendered, communicate to any person the state of their deliberations or the verdict agreed upon.
History: En. Sec. 138, p. 71, Bannack Stat.; re-en. Sec. 166, p. 165, L. 1867; re-en. Sec. 206, p. 68, Cod. Stat. 1871; re-en. Sec. 256, p. 103, L. 1877; re-en. Sec. 256, 1st Div. Rev. Stat. 1879; re-en. Sec. 265, 1st Div. Comp. Stat. 1887; amd. Sec. 1084, C. Civ. Proc. 1895; re-en. Sec. 6750, Rev. C. 1907; re-en. Sec. 9353, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 613; re-en. Sec. 9353, R.C.M. 1935; R.C.M. 1947, 93-5105; amd. Sec. 409, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 7. Trials › Part 4. Conduct of Jury › 25-7-404. Papers which may be taken into jury room

25-7-404. Papers which may be taken into jury room.
Upon retiring for deliberation, the jurors may take with them all papers which have been received as evidence in the cause except depositions or copies of such papers as ought not, in the opinion of the court, to be taken from the person having them in possession. They may also take with them notes of the testimony or other proceedings on the trial taken by themselves or any of them but none taken by any other person.
History: En. Sec. 139, p. 71, Bannack Stat.; re-en. Sec. 167, p. 166, L. 1867; amd. Sec. 207, p. 68, Cod. Stat. 1871; re-en. Sec. 257, p. 103, L. 1877; re-en. Sec. 257, 1st Div. Rev. Stat. 1879; re-en. Sec. 266, 1st Div. Comp. Stat. 1887; amd. Sec. 1083, C. Civ. Proc. 1895; re-en. Sec. 6749, Rev. C. 1907; re-en. Sec. 9352, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 612; re-en. Sec. 9352, R.C.M. 1935; R.C.M. 1947, 93-5104.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 7. Trials › Part 4. Conduct of Jury › 25-7-405. Jury's request for further information

25-7-405. Jury's request for further information.
After the jury has retired for deliberation, if there be a disagreement among the jurors as to any part of the testimony or if they desire to be informed of any point of law arising in the cause, they may require the officer to conduct them into court. Upon their being brought into court, the information required must be given in the presence of or after notice to the parties or counsel. Such information must be given in writing or taken down by the stenographer.
History: En. Sec. 140, p. 71, Bannack Stat.; amd. Sec. 168, p. 166, L. 1867; re-en. Sec. 208, p. 68, Cod. Stat. 1871; re-en. Sec. 258, p. 103, L. 1877; re-en. Sec. 258, 1st Div. Rev. Stat. 1879; re-en. Sec. 267, 1st Div. Comp. Stat. 1887; amd. Sec. 1085, C. Civ. Proc. 1895; re-en. Sec. 6751, Rev. C. 1907; re-en. Sec. 9354, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 614; re-en. Sec. 9354, R.C.M. 1935; R.C.M. 1947, 93-5106.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 7. Trials › Part 5. Jury's Verdict › 25-7-501. Return of verdict -- polling jury

25-7-501. Return of verdict -- polling jury.
(1) When the jurors or two-thirds of them have agreed upon a verdict, they must be conducted into court, their names must be called by the clerk, and the verdict must be rendered by the lead juror. The verdict must be in writing and signed by the lead juror and must be read by the clerk to the jury, and the inquiry made whether it is the jury's verdict.
(2) Either party may require the jury to be polled, which is done by the court or clerk asking each juror if it is the juror's verdict. If upon the inquiry or polling more than one-third of the jurors disagree to the verdict, the jury must be sent out again, but if disagreement is not expressed, the verdict is complete and the jury discharged from the case.
History: En. Sec. 143, p. 72, Bannack Stat.; re-en. Sec. 171, p. 166, L. 1867; re-en. Sec. 211, p. 69, Cod. Stat. 1871; amd. Sec. 261, p. 104, L. 1877; re-en. Sec. 261, 1st Div. Rev. Stat. 1879; re-en. Sec. 270, 1st Div. Comp. Stat. 1887; amd. Sec. 1089, C. Civ. Proc. 1895; re-en. Sec. 6755, Rev. C. 1907; re-en. Sec. 9358, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 618; re-en. Sec. 9358, R.C.M. 1935; R.C.M. 1947, 93-5110; amd. Sec. 410, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 7. Trials › Part 5. Jury's Verdict › 25-7-502. Content of verdict -- action or counterclaim for recovery of money

25-7-502. Content of verdict -- action or counterclaim for recovery of money.
When a verdict is found for the plaintiff in an action for the recovery of money or for the defendant when a counterclaim for the recovery of money is established exceeding the amount of the plaintiff's claim as established, the jury must also find the amount of the recovery.
History: En. Sec. 149, p. 73, Bannack Stat.; re-en. Sec. 176, p. 167, L. 1867; re-en. Sec. 216, p. 70, Cod. Stat. 1871; re-en. Sec. 266, p. 105, L. 1877; re-en. Sec. 266, 1st Div. Rev. Stat. 1879; re-en. Sec. 276, 1st Div. Comp. Stat. 1887; amd. Sec. 1102, C. Civ. Proc. 1895; re-en. Sec. 6759, Rev. C. 1907; re-en. Sec. 9362, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 626; re-en. Sec. 9362, R.C.M. 1935; R.C.M. 1947, 93-5203.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 7. Trials › Part 5. Jury's Verdict › 25-7-503. Content of verdict -- action for recovery of personal property

25-7-503. Content of verdict -- action for recovery of personal property.
In an action for the recovery of specific personal property, if the property has not been delivered to the plaintiff or if the defendant, by the defendant's answer, claims a return of the property, the jury, if the verdict is in favor of the plaintiff or if the verdict is in favor of the defendant and the jury also finds that the defendant is entitled to a return of the property, shall find the value of the property. However, failure to find all the facts mentioned in this section may not invalidate the verdict. The jury may at the same time assess the damages, if damages are claimed in the complaint or answer, that the prevailing party has sustained by reason of the taking or detention of the property.
History: En. Sec. 150, p. 73, Bannack Stat.; re-en. Sec. 177, p. 167, L. 1867; re-en. Sec. 217, p. 70, Cod. Stat. 1871; re-en. Sec. 267, p. 105, L. 1877; re-en. Sec. 267, 1st Div. Rev. Stat. 1879; re-en. Sec. 277, 1st Div. Comp. Stat. 1887; re-en. Sec. 1103, C. Civ. Proc. 1895; re-en. Sec. 6760, Rev. C. 1907; re-en. Sec. 9363, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 627; re-en. Sec. 9363, R.C.M. 1935; R.C.M. 1947, 93-5204; amd. Sec. 411, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 7. Trials › Part 6. Trial by the Court › 25-7-601. Waiver of findings of fact

25-7-601. Waiver of findings of fact.
The findings of fact may be waived by the several parties to an issue of fact by:
(1) failing to appear at the trial;
(2) consent in writing filed with the clerk;
(3) oral consent in open court entered in the minutes.
History: En. Sec. 1113, C. Civ. Proc. 1895; re-en. Sec. 6765, Rev. C. 1907; re-en. Sec. 9368, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 634; re-en. Sec. 9368, R.C.M. 1935; R.C.M. 1947, 93-5304.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 7. Trials › Part 6. Trial by the Court › 25-7-602. Trial upon agreed statement of facts

25-7-602. Trial upon agreed statement of facts.
When any cause is tried and submitted upon a written statement of facts agreed to by the parties or their attorneys, such statement shall have the effect of a special verdict or finding of facts and judgment shall be pronounced thereon as upon a special verdict or finding of facts. In such case, no finding of facts shall be made unless such statement shall fail to embrace all the facts proved and in issue, in which case any additional fact may be found upon evidence which is not repugnant to the agreed statement.
History: En. Sec. 1117, C. Civ. Proc. 1895; re-en. Sec. 6769, Rev. C. 1907; re-en. Sec. 9372, R.C.M. 1921; re-en. Sec. 9372, R.C.M. 1935; R.C.M. 1947, 93-5308.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 7. Trials › Part 7. Referees › 25-7-701. Oath of referee

25-7-701. Oath of referee.
Each referee, before acting, shall take and subscribe an oath or affirmation before some authorized officer, which must be filed with the clerk of the court that appointed the referee, that the referee will honestly, impartially, and faithfully perform the duties of referee in the action or matter referred to the referee, as required by law, to the best of the referee's knowledge and ability.
History: En. Sec. 224, p. 72, Cod. Stat. 1871; re-en. Sec. 275, p. 108, L. 1877; re-en. Sec. 275, 1st Div. Rev. Stat. 1879; re-en. Sec. 285, 1st Div. Comp. Stat. 1887; re-en. Sec. 1133, C. Civ. Proc. 1895; re-en. Sec. 6774, Rev. C. 1907; re-en. Sec. 9377, R.C.M. 1921; re-en. Sec. 9377, R.C.M. 1935; R.C.M. 1947, 93-5404; amd. Sec. 412, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 7. Trials › Part 7. Referees › 25-7-702. Grounds for objection to appointment of referee

25-7-702. Grounds for objection to appointment of referee.
Either party may object to the appointment of any person as referee on the same grounds that the party might object to the person as a trial juror, as provided in 25-7-223.
History: En. Sec. 185, p. 169, L. 1867; re-en. Sec. 225, p. 72, Cod. Stat. 1871; re-en. Sec. 276, p. 109, L. 1877; re-en. Sec. 276, 1st Div. Rev. Stat. 1879; re-en. Sec. 286, 1st Div. Comp. Stat. 1887; en. Sec. 1137, C. Civ. Proc. 1895; re-en. Sec. 6778, Rev. C. 1907; re-en. Sec. 9381, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 641; re-en. Sec. 9381, R.C.M. 1935; R.C.M. 1947, 93-5408; amd. Sec. 413, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 7. Trials › Part 7. Referees › 25-7-703. Procedure upon objection

25-7-703. Procedure upon objection.
The objections taken to the appointment of any person as referee must be heard and disposed of by the court. Affidavits may be read and witnesses examined as to such objections.
History: En. Sec. 186, p. 170, L. 1867; re-en. Sec. 226, p. 73, Cod. Stat. 1871; re-en. Sec. 277, p. 109, L. 1877; re-en. Sec. 277, 1st Div. Rev. Stat. 1879; re-en. Sec. 287, 1st Div. Comp. Stat. 1887; re-en. Sec. 1138, C. Civ. Proc. 1895; re-en. Sec. 6779, Rev. C. 1907; re-en. Sec. 9382, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 642; re-en. Sec. 9382, R.C.M. 1935; R.C.M. 1947, 93-5409.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 8. Deposit in Court -- Delivery to Party › Part 1. General Provisions › 25-8-101. When court may order deposit or delivery

25-8-101. When court may order deposit or delivery.
When it is admitted by the pleading or shown upon the examination of a party that the party has in the party's possession or under the party's control any money or other thing capable of delivery that, being the subject of the litigation, is held by the party as trustee for another party or that belongs or is due to another party, the court may order the money or thing, upon motion, to be deposited in court or delivered to the party upon conditions that may be just, subject to the further direction of the court.
History: En. Sec. 115, p. 66, Bannack Stat.; re-en. Sec. 142, p. 160, L. 1867; re-en. Sec. 178, p. 61, Cod. Stat. 1871; re-en. Sec. 227, p. 95, L. 1877; re-en. Sec. 227, 1st Div. Rev. Stat. 1879; re-en. Sec. 235, 1st Div. Comp. Stat. 1887; amd. Sec. 970, C. Civ. Proc. 1895; re-en. Sec. 6705, Rev. C. 1907; re-en. Sec. 9308, R.C.M. 1921; Cal. C. Civ. Proc. 572; re-en. Sec. 9308, R.C.M. 1935; R.C.M. 1947, 93-4501; amd. Sec. 414, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 8. Deposit in Court -- Delivery to Party › Part 1. General Provisions › 25-8-102. Enforcement of court's order

25-8-102. Enforcement of court's order.
Where the court directs a deposit or delivery of money or where a judgment directs a party to make a deposit or delivery or to convey real property, if the direction is disobeyed, the court, besides punishing the disobedience as a contempt, may by order require the sheriff to take and deposit or deliver the money or other personal property or to convey the real property in conformity with the direction of the court.
History: En. Sec. 229, p. 95, L. 1877; re-en. Sec. 229, 1st Div. Rev. Stat. 1879; re-en. Sec. 237, 1st Div. Comp. Stat. 1887; amd. Sec. 972, C. Civ. Proc. 1895; re-en. Sec. 6707, Rev. C. 1907; re-en. Sec. 9310, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 574; re-en. Sec. 9310, R.C.M. 1935; R.C.M. 1947, 93-4504.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 8. Deposit in Court -- Delivery to Party › Part 1. General Provisions › 25-8-103. With whom money deposited

25-8-103. With whom money deposited.
(1) Whenever money is paid into or deposited in court, the money must be delivered to the clerk in person or to the clerk's deputies who are specially authorized by the deputy's appointment in writing to receive the money. The clerk or deputy shall, unless otherwise directed by law, deposit the money with the county treasurer to be held by the treasurer subject to the order of the court.
(2) The appointment must be filed with the county treasurer, who shall exhibit it and give to each person asking for the appointment a certified copy of the appointment. The appointment is in force until a revocation in writing is filed with the county treasurer, who shall upon receipt write "revoked" in ink across the face of the appointment.
History: En. Sec. 3443, C. Civ. Proc. 1895; re-en. Sec. 8057, Rev. C. 1907; re-en. Sec. 10701, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2104; re-en. Sec. 10701, R.C.M. 1935; R.C.M. 1947, 93-4503(part); amd. Sec. 415, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 8. Deposit in Court -- Delivery to Party › Part 1. General Provisions › 25-8-104. Safekeeping of deposit by county treasurer

25-8-104. Safekeeping of deposit by county treasurer.
The treasurer shall keep each fund distinct and open an account for each fund. For the safekeeping of the money deposited with the treasurer, the treasurer's official bond is security.
History: Ap. p. Sec. 3443, C. Civ. Proc. 1895; re-en. Sec. 8057, Rev. C. 1907; re-en. Sec. 10701, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2104; re-en. Sec. 10701, R.C.M. 1935; Sec. 93-4503, R.C.M. 1947; Ap. p. Sec. 228, p. 95, L. 1877; re-en. Sec. 228, 1st. Div. Rev. Stat. 1879; re-en. Sec. 236, 1st Div. Comp. Stat. 1887; amd. Sec. 971, C. Civ. Proc. 1895; re-en. Sec. 6706, Rev. C. 1907; re-en. Sec. 9309, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 573; re-en. Sec. 9309, R.C.M. 1935; Sec. 93-4502, R.C.M. 1947; R.C.M. 1947, 93-4502(part), 93-4503(part); amd. Sec. 416, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 1. General Provisions › 25-9-101. Judgment to be on the merits

25-9-101. Judgment to be on the merits.
In every case, judgment must be rendered on the merits, except as provided in 25-1-104 and Rule 41, M.R.Civ.P.
History: En. Sec. 122, p. 68, Bannack Stat.; re-en. Sec. 149, p. 162, L. 1867; re-en. Sec. 185, p. 63, Cod. Stat. 1871; re-en. Sec. 235, p. 96, L. 1877; re-en. Sec. 235, 1st Div. Rev. Stat. 1879; re-en. Sec. 243, 1st Div. Comp. Stat. 1887; re-en. Sec. 1005, C. Civ. Proc. 1895; re-en. Sec. 6715, Rev. C. 1907; re-en. Sec. 9318, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 582; re-en. Sec. 9318, R.C.M. 1935; R.C.M. 1947, 93-4706; amd. Sec. 2, Ch. 17, L. 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 1. General Provisions › 25-9-102. Judgment for or against married person

25-9-102. Judgment for or against married person.
Judgment for or against a married person may be rendered and enforced as if such person were single.
History: En. Sec. 1006, C. Civ. Proc. 1895; re-en. Sec. 6716, Rev. C. 1907; re-en. Sec. 9319, R.C.M. 1921; re-en. Sec. 9319, R.C.M. 1935; amd. Sec. 54, Ch. 535, L. 1975; R.C.M. 1947, 93-4707.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 1. General Provisions › 25-9-103. Death of party after verdict -- no lien

25-9-103. Death of party after verdict -- no lien.
If a party dies after a verdict or decision upon any issue of fact and before judgment, the court may nevertheless render judgment. The judgment is not a lien on the real property of the deceased party but is payable in the course of administration on the deceased party's estate.
History: En. Sec. 178, p. 78, Bannack Stat.; amd. Sec. 202, p. 174, L. 1867; re-en. Sec. 242, p. 77, Cod. Stat. 1871; re-en. Sec. 293, p. 116, L. 1877; re-en. Sec. 293, 1st Div. Rev. Stat. 1879; re-en. Sec. 305, 1st Div. Comp. Stat. 1887; re-en. Sec. 1195, C. Civ. Proc. 1895; re-en. Sec. 6805, Rev. C. 1907; re-en. Sec. 9408, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 669; re-en. Sec. 9408, R.C.M. 1935; R.C.M. 1947, 93-5706; amd. Sec. 417, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 1. General Provisions › 25-9-104. Procedure after judgment on issue of law

25-9-104. Procedure after judgment on issue of law.
On a judgment for the plaintiff upon an issue of law, the plaintiff may proceed in the manner prescribed by Rule 55(a) and (b), M.R.Civ.P., upon the failure of the defendant to answer. If judgment is for the defendant upon an issue of law and the taking of an account or the proof of any fact is necessary to enable the court to complete the judgment, a reference may be ordered, as provided in Rule 55(b).
History: En. Sec. 272, p. 107, L. 1877; re-en. Sec. 272, 1st Div. Rev. Stat. 1879; re-en. Sec. 282, 1st Div. Comp. Stat. 1887; re-en. Sec. 1118, C. Civ. Proc. 1895; re-en. Sec. 6770, Rev. C. 1907; re-en. Sec. 9373, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 636; re-en. Sec. 9373, R.C.M. 1935; R.C.M. 1947, 93-5309; amd. Sec. 418, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 1. General Provisions › 25-9-105. Validation of defective judgments affecting realty

25-9-105. Validation of defective judgments affecting realty.
Any judgment or decree of any court of this state affecting real property, provided that no action is now pending to set aside any such judgment or decree, which was, prior to January 1, 1973, copied into the proper book kept in the office of the clerk of the district court, and certified copy of which judgment or decree was, previous to July 1, 1973, recorded in the proper book kept in the office of the county clerk and recorder shall be deemed to impart, after that date, notice of its contents to subsequent purchasers and encumbrancers, notwithstanding any defect, omission, informality, or irregularity in any of the court proceedings in the action in which such judgment or decree was entered and obtained, if time for appeal in the case has expired; and such judgment or decree shall not be deemed invalidated by reason of any such defect, omission, informality, or irregularity; but nothing herein shall be deemed to affect the rights of purchasers or encumbrancers previous to that date. Duly certified copies of such judgment or decree or of the record thereof may be read in evidence with like effect as copies of a judgment or decree duly and regularly obtained and recorded and entered.
History: En. Sec. 1, Ch. 146, L. 1973; R.C.M. 1947, 93-5710.5.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 2. Contents of Judgment › 25-9-201. Whose rights determined in judgment

25-9-201. Whose rights determined in judgment.
Subject to the provisions of Rule 54(b), M.R.Civ.P., judgment may be given for or against one or more of several plaintiffs and for or against one or more of several defendants, and it may, when the justice of the case requires, determine the ultimate rights of the parties on each side as between themselves.
History: En. Sec. 118, p. 67, Bannack Stat.; re-en. Sec. 145, p. 161, L. 1867; re-en. Sec. 181, p. 62, Cod. Stat. 1871; re-en. Sec. 231, p. 95, L. 1877; re-en. Sec. 231, 1st. Div. Rev. Stat. 1879; re-en. Sec. 239, 1st Div. Comp. Stat. 1887; re-en. Sec. 1001, C. Civ. Proc. 1895; re-en. Sec. 6711, Rev. C. 1907; re-en. Sec. 9314, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 578; re-en. Sec. 9314, R.C.M. 1935; R.C.M. 1947, 93-4702(part); amd. Sec. 98, Ch. 575, L. 1981.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 2. Contents of Judgment › 25-9-202. Designation in judgment of principal debtors and sureties

25-9-202. Designation in judgment of principal debtors and sureties.
Upon the rendition of any judgment, if it shall be shown that one or more of the defendants against whom the judgment is to be rendered are principal debtors and others of the said defendants are sureties of such principal debtor, the court may order the judgment so to state.
History: En. Sec. 118, p. 67, Bannack Stat.; re-en. Sec. 145, p. 161, L. 1867; re-en. Sec. 181, p. 62, Cod. Stat. 1871; re-en. Sec. 231, p. 95, L. 1877; re-en. Sec. 231, 1st. Div. Rev. Stat. 1879; re-en. Sec. 239, 1st Div. Comp. Stat. 1887; re-en. Sec. 1001, C. Civ. Proc. 1895; re-en. Sec. 6711, Rev. C. 1907; re-en. Sec. 9314, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 578; re-en. Sec. 9314, R.C.M. 1935; R.C.M. 1947, 93-4702(part).
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 2. Contents of Judgment › 25-9-203. How amount expressed

25-9-203. How amount expressed.
In judgments, the amount thereof must be computed and stated as near as may be in dollars and cents, rejecting fractions of a cent.
History: En. Sec. 3152, Pol. C. 1895; re-en. Sec. 2035, Rev. C. 1907; re-en. Sec. 4285, R.C.M. 1921; Cal. Pol. C. Sec. 3274; re-en. Sec. 4285, R.C.M. 1935; R.C.M. 1947, 93-4710(part).
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 2. Contents of Judgment › 25-9-204. Clerk to include interest in judgment

25-9-204. Clerk to include interest in judgment.
The clerk shall include in the judgment entered up by the clerk any interest on the verdict or decision of the court, from the time it was rendered or made.
History: En. Sec. 482, p. 230, L. 1867; re-en. Sec. 558, p. 149, Cod. Stat. 1871; re-en. Sec. 500, p. 172, L. 1877; re-en. Sec. 500, 1st Div. Rev. Stat. 1879; re-en. Sec. 513, 1st Div. Comp. Stat. 1887; re-en. Sec. 1870, C. Civ. Proc. 1895; re-en. Sec. 7173, Rev. C. 1907; re-en. Sec. 9806, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1035; re-en. Sec. 9806, R.C.M. 1935; R.C.M. 1947, 93-8622(part); amd. Sec. 419, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 2. Contents of Judgment › 25-9-205. Amount of interest

25-9-205. Amount of interest.
(1) (a) Except as provided in subsection (2), interest is payable on judgments recovered in the courts of this state and on the cost incurred to obtain or enforce a judgment at a rate equal to the rate for bank prime loans published by the federal reserve system in its statistical release H.15 Selected Interest Rates or in any publication that may supersede it on the day judgment is entered, plus 3%. The interest may not be compounded.
(b) The rate for bank prime loans established in subsection (1)(a) must be set as of January 1 of each year and remain in effect until December 31 of each year.
(2) Interest on a judgment recovered in the courts of this state involving a contractual obligation that specifies an interest rate must be paid at the rate specified in the contractual obligation.
History: En. Sec. 2588, Civ. C. 1895; amd. Sec. 1, p. 125, L. 1899; re-en. Sec. 5214, Rev. C. 1907; re-en. Sec. 7729, R.C.M. 1921; Cal. Civ. C. Sec. 1920; amd. Sec. 1, Ch. 143, L. 1933; re-en. Sec. 7729, R.C.M. 1935; R.C.M. 1947, 47-128; amd. Sec. 1, Ch. 373, L. 1979; amd. Sec. 1, Ch. 649, L. 1979; Sec. 31-1-110, MCA 1979; redes. 25-9-205 by Code Commissioner, 1979; amd. Sec. 4, Ch. 392, L. 2005; amd. Sec. 1, Ch. 446, L. 2017.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 3. Entry of Judgment and Satisfaction -- Lien › 25-9-301. Docketing of judgment -- lien -- expiration

25-9-301. Docketing of judgment -- lien -- expiration.
(1) Immediately after the entry of the judgment in the judgment book, the clerk shall make entries of the judgment under appropriate heads in the docket kept by the clerk.
(2) From the time the judgment is docketed, it becomes a lien upon all real property of the judgment debtor that is not exempt from execution in the county and that is either owned by the judgment debtor at the time or afterward acquired by the judgment debtor before the lien ceases. Except as provided in 61-6-123, the lien continues for 10 years unless the judgment is previously satisfied.
(3) When the judgment is for the payment of child support, the lien continues for 10 years from the termination of the support obligation or 10 years from entry of a lump-sum judgment or order for support arrears, whichever is later, unless the judgment is previously satisfied.
History: En. Sec. 180, p. 78, Bannack Stat.; en. Sec. 204, p. 174, L. 1867; re-en. Sec. 244, p. 77, Cod. Stat. 1871; amd. Sec. 1, p. 40, L. 1876; re-en. Sec. 295, p. 116, L. 1877; re-en. Sec. 295, 1st Div. Rev. Stat. 1879; re-en. Sec. 307, 1st Div. Comp. Stat. 1887; re-en. Sec. 1197, C. Civ. Proc. 1895; re-en. Sec. 6807, Rev. C. 1907; re-en. Sec. 9410, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 671; re-en. Sec. 9410, R.C.M. 1935; amd. Sup. Ct. Ord. 11020, December 10, 1965, eff. January 1, 1966; R.C.M. 1947, 93-5708; amd. Sec. 1, Ch. 631, L. 1993; amd. Sec. 1, Ch. 60, L. 1995; amd. Sec. 6, Ch. 515, L. 2001.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 3. Entry of Judgment and Satisfaction -- Lien › 25-9-302. Filing of transcript of docket in another county -- lien -- expiration

25-9-302. Filing of transcript of docket in another county -- lien -- expiration.
(1) A transcript of the original docket, certified by the clerk, may be filed with the district court clerk of any other county. From the time of the filing, the judgment becomes a lien upon all real property of the judgment debtor that is not exempt from execution in that county and that is either owned by the judgment debtor at the time or afterward acquired by the judgment debtor before the lien expires. Except as provided in 61-6-123, the lien continues for 10 years from the date of the entry of the judgment unless the judgment is previously satisfied.
(2) When the judgment is for the payment of child support, the lien continues for 10 years from the termination of the support obligation or 10 years from entry of a lump-sum judgment or order for support arrears, whichever is later, unless the judgment is previously satisfied.
History: En. Sec. 181, p. 78, Bannack Stat.; re-en. Sec. 207, p. 175, L. 1867; re-en. Sec. 247, p. 78, L. 1871; en. Sec. 1, p. 40, L. 1876; re-en. Sec. 298, p. 117, L. 1877; re-en. Sec. 298, 1st Div. Rev. Stat. 1879; re-en. Sec. 310, 1st Div. Comp. Stat. 1887; amd. Sec. 1200, C. Civ. Proc. 1895; re-en. Sec. 6810, Rev. C. 1907; re-en. Sec. 9413, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 674; re-en. Sec. 9413, R.C.M. 1935; R.C.M. 1947, 93-5712; amd. Sec. 2, Ch. 631, L. 1993; amd. Sec. 2, Ch. 60, L. 1995; amd. Sec. 1, Ch. 45, L. 2003; amd. Sec. 2, Ch. 510, L. 2003.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 3. Entry of Judgment and Satisfaction -- Lien › 25-9-303. Filing of transcript of docket of federal court -- lien -- expiration

25-9-303. Filing of transcript of docket of federal court -- lien -- expiration.
(1) A transcript of the original docket of a judgment that is rendered in the circuit or district court of the United States, ninth circuit, district of Montana, and that is certified by the clerk of court may be filed with the district court clerk of any county. From the time of the filing, the judgment becomes a lien upon all real property of the judgment debtor that is not exempt from execution in the county and that is either owned by the judgment debtor at the time or afterward acquired by the judgment debtor before the lien expires. Except as provided in subsection (2), the lien continues for 10 years unless the judgment is previously satisfied.
(2) When the judgment is for the payment of child support, the lien continues for 10 years from the termination of the support obligation or 10 years from entry of a lump-sum judgment or order for support arrears, whichever is later, unless the judgment is previously satisfied.
History: En. Sec. 1, Ch. 14, L. 1907; re-en. Sec. 6812, Rev. C. 1907; re-en. Sec. 9415, R.C.M. 1921; re-en. Sec. 9415, R.C.M. 1935; R.C.M. 1947, 93-5714; amd. Sec. 3, Ch. 631, L. 1993; amd. Sec. 3, Ch. 60, L. 1995; amd. Sec. 3, Ch. 510, L. 2003.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 3. Entry of Judgment and Satisfaction -- Lien › 25-9-311. Entry of satisfaction of judgment in docket

25-9-311. Entry of satisfaction of judgment in docket.
Satisfaction of a judgment may be entered in the clerk's docket upon an execution returned satisfied or upon an acknowledgment of satisfaction filed with the clerk, made in the manner of an acknowledgment of a conveyance of real property by the judgment creditor or by the judgment creditor's endorsement on the face or on the margin of the record of the judgment or by the judgment creditor's attorney unless a revocation of the attorney's authority is filed. Whenever a judgment is satisfied in fact otherwise than upon an execution, the party or attorney shall give the acknowledgment or make the endorsement, and upon motion, the court may compel the acknowledgment or endorsement or may order the entry of satisfaction to be made without the acknowledgment or endorsement.
History: En. Sec. 182, p. 79, Bannack Stat.; amd. Sec. 208, p. 175, L. 1867; re-en. Sec. 248, p. 78, L. 1871; en. Sec. 299, p. 117, L. 1877; re-en. Sec. 299, 1st Div. Rev. Stat. 1879; re-en. Sec. 311, 1st Div. Comp. Stat. 1887; re-en. Sec. 1201, C. Civ. Proc. 1895; re-en. Sec. 6811, Rev. C. 1907; re-en. Sec. 9414, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 675; re-en. Sec. 9414, R.C.M. 1935; R.C.M. 1947, 93-5713; amd. Sec. 420, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 4. Periodic Payment of Damages -- Medical Malpractice Damage Limitations › 25-9-401. Definitions

25-9-401. Definitions.
In this part:
(1) "future damages" includes damages for future medical treatment, care, or custody, loss of future earnings, and future pain and suffering of the judgment creditor; and
(2) "periodic payment" means the payment of money to the judgment creditor at regular intervals.
History: En. Sec. 1, Ch. 634, L. 1987.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 4. Periodic Payment of Damages -- Medical Malpractice Damage Limitations › 25-9-402. Findings by trier of fact -- civil actions

25-9-402. Findings by trier of fact -- civil actions.
In any action for personal injury, property damage, or wrongful death where liability is found after trial and in which $100,000 or more in future damages is awarded to the claimant, the trier of fact shall make a separate finding as to the amount of any future damages so awarded and state whether the amount of future damages has been reduced to present value.
History: En. Sec. 2, Ch. 634, L. 1987.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 4. Periodic Payment of Damages -- Medical Malpractice Damage Limitations › 25-9-403. Request for periodic payment of future damages -- nonmalpractice claims

25-9-403. Request for periodic payment of future damages -- nonmalpractice claims.
(1) Except as provided in 25-9-412, a party to an action for personal injury, property damage, or wrongful death in which $100,000 or more of future damages is awarded may, prior to the entry of judgment, request the court to enter a judgment ordering future damages to be paid in whole or in part by periodic payments rather than by a lump-sum payment. Upon a request, the court may enter an order for periodic payment of future damages if the court finds that periodic payment is in the best interests of the claimant. The total dollar amount of the ordered periodic payments must equal the total dollar amount of the future damages without a reduction to present value.
(2) A court ordering the payment of future damages by periodic payments shall make specific findings as to the dollar amount of periodic payments needed to compensate the judgment creditor for future damages and as to whether an order for periodic payment of future damages is in the best interests of the claimant.
(3) The judgment order must specify the recipient or recipients of periodic payments, the dollar amount of the payments, the interval between payments, and the number of payments or the period of time over which payments must be made.
(4) A court ordering periodic payment of future damages shall order that the payments be made, during the life of the judgment creditor or during the continuance of the compensable injury or disability of the judgment creditor, through the purchase of an inflation-indexed annuity approved by the court. The annuity must be in the form of an inflation-indexed annuity contract purchased from a qualified insurer that, in the most recent edition of A.M. Best, has an "A" (excellent) or higher rating and is in a class 7 or higher classification. The annuity also serves as any required supersedeas bond. Upon purchase of a court-approved annuity, the court may order that the judgment is satisfied and that the judgment debtor is discharged. If the judgment creditor dies before all periodic payments have been made, the remaining payments become the property of the creditor's estate.
History: En. Sec. 3, Ch. 634, L. 1987; amd. Sec. 3, Ch. 461, L. 1995.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 4. Periodic Payment of Damages -- Medical Malpractice Damage Limitations › 25-9-404. Payment of attorney fees

25-9-404. Payment of attorney fees.
A judgment must order payment of attorney fees and litigation expenses separately from an order for periodic payments of future damages. The attorney fees and expenses must be paid either in a lump sum or by periodic payments pursuant to an agreement entered into between the claimant and the claimant's attorney. An agreement for the immediate lump-sum payment of that portion of the attorney fees incurred to recover future damages to be paid by periodic payments must be calculated on the basis of the present value of the future damages.
History: En. Sec. 4, Ch. 634, L. 1987; amd. Sec. 421, Ch. 56, L. 2009.