reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 4. Periodic Payment of Damages -- Medical Malpractice Damage Limitations › 25-9-405. Assignment of periodic installments

25-9-405. Assignment of periodic installments.
An assignment of or an agreement to assign any right to periodic installments for future damages contained in a judgment entered under this part is enforceable only as to amounts:
(1) to secure payment of alimony, maintenance, or child support; or
(2) for the costs of products, services, or accommodations provided or to be provided by the assignee for medical or other health care.
History: En. Sec. 6, 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 › 25-9-406. Failure to pay -- penalty

25-9-406. Failure to pay -- penalty.
If the court finds that the insurer that sold the annuity to the judgment debtor has unjustifiably exhibited a continuing pattern of failing to make periodic payments, the court shall find the insurer in contempt of court and order the insurer to pay past-due payments and the judgment creditor's damages caused by the failure to make payments, including court costs and attorney fees.
History: En. Sec. 5, 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 › 25-9-412. Periodic payment of future damages in medical malpractice cases

25-9-412. Periodic payment of future damages in medical malpractice cases.
(1) A party to an action for a malpractice claim, as defined in 25-9-411, in which $50,000 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 shall enter an order for periodic payment of future damages. 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.
(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) The court shall order that periodic payment of future damages 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 shall 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. 2, Ch. 461, L. 1995.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 5. Uniform Enforcement of Foreign Judgments › 25-9-502. Definition

25-9-502. Definition.
In this part, "foreign judgment" means a judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state.
History: En. Sec. 2, Ch. 66, L. 1989.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 5. Uniform Enforcement of Foreign Judgments › 25-9-503. Filing and status of foreign judgments

25-9-503. Filing and status of foreign judgments.
A copy of any foreign judgment authenticated in accordance with an act of congress or the statutes of this state may be filed in the office of the clerk of any district court of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of a district court of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment of a district court of this state and may be enforced or satisfied in like manner.
History: En. Sec. 3, Ch. 66, L. 1989.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 5. Uniform Enforcement of Foreign Judgments › 25-9-504. Notice of filing

25-9-504. Notice of filing.
(1) At the time of the filing of the foreign judgment, the judgment creditor or the judgment creditor's attorney shall file with the clerk of the court an affidavit setting forth the name and last-known post-office address of the judgment debtor and the judgment creditor. The affidavit must also include a statement that the foreign judgment is valid and enforceable and the extent to which it has been satisfied.
(2) Promptly upon filing the foreign judgment and affidavit, the judgment creditor or someone on the judgment creditor's behalf shall mail notice of the filing of the judgment and affidavit, attaching a copy of each to the notice, to the judgment debtor and to the judgment debtor's attorney of record, if any, each at the person's last-known address, by certified mail, return receipt requested. The notice must include the name and post-office address of the judgment creditor and the judgment creditor's attorney, if any, in this state. The judgment creditor shall file with the clerk of the court an affidavit setting forth the date upon which the notice was mailed.
(3) The proceeds of an execution may not be distributed to the judgment creditor earlier than 30 days after the date of mailing the notice of filing.
History: En. Sec. 4, Ch. 66, L. 1989; amd. Sec. 422, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 5. Uniform Enforcement of Foreign Judgments › 25-9-505. Stay

25-9-505. Stay.
(1) If the judgment debtor shows a district court that an appeal from the foreign judgment is pending or will be taken or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.
(2) If the judgment debtor shows the district court any ground upon which enforcement of a judgment of any district court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of a judgment that is required in this state.
History: En. Sec. 5, Ch. 66, L. 1989.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 5. Uniform Enforcement of Foreign Judgments › 25-9-506. Fees

25-9-506. Fees.
(1) Except as provided for in subsection (2), a person filing a foreign judgment shall pay to the clerk of court a fee of $60.
(2) Fees for docketing, transcription, or other enforcement proceedings must be as provided for judgments of the district court.
(3) Fees collected by the clerk of district court must be forwarded to the department of revenue for deposit in the state general fund.
History: En. Sec. 6, Ch. 66, L. 1989; amd. Sec. 71, Ch. 382, L. 1997; amd. Sec. 47, Ch. 257, L. 2001; amd. Sec. 29, Ch. 585, L. 2001; amd. Sec. 5, Ch. 163, L. 2005.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 5. Uniform Enforcement of Foreign Judgments › 25-9-507. Optional procedure

25-9-507. Optional procedure.
The right of a judgment creditor to bring an action to enforce the judgment creditor's judgment instead of proceeding under this part remains unimpaired.
History: En. Sec. 7, Ch. 66, L. 1989; amd. Sec. 423, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 5. Uniform Enforcement of Foreign Judgments › 25-9-508. Uniformity of interpretation

25-9-508. Uniformity of interpretation.
This part must be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
History: En. Sec. 8, Ch. 66, L. 1989.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 6. Uniform Foreign-Country Money Judgments Recognition Act › 25-9-601. Short title

25-9-601. Short title.
This part may be cited as the "Uniform Foreign-Country Money Judgments Recognition Act".
History: En. Sec. 1, Ch. 441, L. 1993; amd. Sec. 1, Ch. 176, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 6. Uniform Foreign-Country Money Judgments Recognition Act › 25-9-602. Definitions

25-9-602. Definitions.
As used in this part, the following definitions apply:
(1) "Foreign country" means a government other than:
(a) the United States;
(b) a state, district, commonwealth, territory, or insular possession of the United States; or
(c) any other government with regard to which the decision in this state as to whether to recognize a judgment of that government's courts is initially subject to determination under the full faith and credit clause of the United States constitution.
(2) "Foreign-country judgment" means any judgment of a foreign country.
History: En. Sec. 2, Ch. 441, L. 1993; amd. Sec. 2, Ch. 176, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 6. Uniform Foreign-Country Money Judgments Recognition Act › 25-9-603. Applicability

25-9-603. Applicability.
(1) Except as provided in subsection (2), this part applies to a foreign-country judgment to the extent that the judgment:
(a) grants or denies recovery of a sum of money; and
(b) under the law of the foreign country where rendered, is final, conclusive, and enforceable.
(2) This part does not apply to a foreign-country judgment, even if the judgment grants or denies recovery of a sum of money, to the extent that the judgment is:
(a) a judgment for taxes;
(b) a fine or other penalty; or
(c) a judgment for dissolution of marriage, support, or maintenance, or other judgment rendered in connection with domestic relations.
(3) A party seeking recognition of a foreign-country judgment has the burden of establishing that this part applies to the foreign-country judgment.
History: En. Sec. 3, Ch. 441, L. 1993; amd. Sec. 72, Ch. 382, L. 1997; amd. Sec. 6, Ch. 163, L. 2005; amd. Sec. 3, Ch. 176, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 6. Uniform Foreign-Country Money Judgments Recognition Act › 25-9-604. Repealed

25-9-604. Repealed.
Sec. 10, Ch. 176, L. 2009.
History: En. Sec. 4, Ch. 441, L. 1993.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 6. Uniform Foreign-Country Money Judgments Recognition Act › 25-9-605. Standards for recognition of foreign-country judgment

25-9-605. Standards for recognition of foreign-country judgment.
(1) Except as provided in subsections (2) and (3), a court of this state shall recognize a foreign-country judgment to which this part applies.
(2) A court of this state may not recognize a foreign-country judgment if:
(a) the judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law;
(b) the foreign court did not have personal jurisdiction over the defendant; or
(c) the foreign court did not have jurisdiction over the subject matter.
(3) A court of this state need not recognize a foreign-country judgment if:
(a) the defendant in the proceeding in the foreign court did not receive notice of the proceeding in sufficient time to enable the defendant to defend;
(b) the judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case;
(c) the judgment or the cause of action or claim for relief on which the judgment is based is repugnant to the public policy of this state or of the United States;
(d) the judgment conflicts with another final and conclusive judgment;
(e) the proceeding in the foreign court was contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that court;
(f) in the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action;
(g) the judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment; or
(h) the specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law.
(4) A party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition stated in subsection (2) or (3) exists.
History: En. Sec. 5, Ch. 441, L. 1993; amd. Sec. 4, Ch. 176, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 6. Uniform Foreign-Country Money Judgments Recognition Act › 25-9-606. Personal jurisdiction

25-9-606. Personal jurisdiction.
(1) A foreign-country judgment may not be refused recognition for lack of personal jurisdiction if:
(a) the defendant was served with process personally in the foreign country;
(b) the defendant voluntarily appeared in the proceeding, other than for the purpose of protecting property seized or threatened with seizure in the proceeding or of contesting the jurisdiction of the court over the defendant;
(c) the defendant, before the commencement of the proceeding, had agreed to submit to the jurisdiction of the foreign court with respect to the subject matter involved;
(d) the defendant was domiciled in the foreign country when the proceeding was instituted or was a corporation or other form of business organization that had its principal place of business in or was organized under the laws of the foreign country;
(e) the defendant had a business office in the foreign country and the proceeding in the foreign court involved a cause of action or claim for relief arising out of business done by the defendant through that office in the foreign country; or
(f) the defendant operated a motor vehicle or airplane in the foreign country and the proceedings involved a cause of action or claim for relief arising out of that operation.
(2) The list of bases for personal jurisdiction in subsection (1) is not exclusive. The courts of this state may recognize bases of personal jurisdiction other than those listed in subsection (1) as sufficient to support a foreign-country judgment.
History: En. Sec. 6, Ch. 441, L. 1993; amd. Sec. 5, Ch. 176, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 6. Uniform Foreign-Country Money Judgments Recognition Act › 25-9-607. Stay of proceedings pending appeal of foreign-country judgment

25-9-607. Stay of proceedings pending appeal of foreign-country judgment.
If a party establishes that an appeal from a foreign-country judgment is pending or will be taken, the court may stay any proceedings with regard to the foreign-country judgment until the appeal is concluded, the time for appeal expires, or the appellant has had sufficient time to prosecute the appeal and has failed to do so.
History: En. Sec. 7, Ch. 441, L. 1993; amd. Sec. 6, Ch. 176, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 6. Uniform Foreign-Country Money Judgments Recognition Act › 25-9-608. Saving clause

25-9-608. Saving clause.
This part does not prevent the recognition of a foreign-country judgment in situations not covered by this part.
History: En. Sec. 8, Ch. 441, L. 1993; amd. Sec. 16, Ch. 19, L. 2011.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 6. Uniform Foreign-Country Money Judgments Recognition Act › 25-9-609. Uniformity of interpretation

25-9-609. Uniformity of interpretation.
This part must be construed to effectuate the general purpose to make uniform the law of those states that enact it.
History: En. Sec. 9, Ch. 441, L. 1993; amd. Sec. 73, Ch. 382, L. 1997; amd. Sec. 7, Ch. 163, L. 2005.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 6. Uniform Foreign-Country Money Judgments Recognition Act › 25-9-610. Procedure for recognition of foreign-country judgment

25-9-610. Procedure for recognition of foreign-country judgment.
(1) If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition must be raised by filing an action seeking recognition of the foreign-country judgment.
(2) If recognition of a foreign-country judgment is sought in a pending action, the issue of recognition may be raised by counterclaim, cross-claim, or affirmative defense.
History: En. Sec. 7, Ch. 176, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 6. Uniform Foreign-Country Money Judgments Recognition Act › 25-9-611. Effect of recognition of foreign-country judgment

25-9-611. Effect of recognition of foreign-country judgment.
If the court in a proceeding under 25-9-610 finds that the foreign-country judgment is entitled to recognition under this part then, to the extent that the foreign-country judgment grants or denies recovery of a sum of money, the foreign-country judgment is:
(1) conclusive between the parties to the same extent as the judgment of a sister state entitled to full faith and credit in this state would be conclusive; and
(2) enforceable in the same manner and to the same extent as a judgment rendered in this state.
History: En. Sec. 8, Ch. 176, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 6. Uniform Foreign-Country Money Judgments Recognition Act › 25-9-612. Statute of limitations

25-9-612. Statute of limitations.
An action to recognize a foreign-country judgment must be commenced within the earlier of the time during which the foreign-country judgment is effective in the foreign country or 10 years from the date that the foreign-country judgment became effective in the foreign country.
History: En. Sec. 9, Ch. 176, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 7. Uniform Foreign-Money Claims Act › 25-9-702. Definitions

25-9-702. Definitions.
In this part, the following definitions apply:
(1) "Action" means a judicial proceeding or arbitration in which a payment in money may be awarded or enforced with respect to a foreign-money claim.
(2) "Bank-offered spot rate" means the spot rate of exchange at which a bank will sell foreign money at a spot rate.
(3) "Conversion date" means the banking day preceding the date on which money, in accordance with this part, is:
(a) paid to a claimant in an action or distribution proceeding;
(b) paid to the official designated by law to enforce a judgment or award on behalf of a claimant; or
(c) used to recoup, setoff, or counterclaim in different money in an action or distribution proceeding.
(4) "Distribution proceeding" means a judicial or nonjudicial proceeding for the distribution of a fund in which one or more foreign-money claims are asserted and includes an accounting, an assignment for the benefit of creditors, a foreclosure, the liquidation or rehabilitation of a corporation or other entity, and the distribution of an estate, trust, or other fund.
(5) "Foreign money" means money other than money of the United States of America.
(6) "Foreign-money claim" means a claim upon an obligation to pay or a claim for recovery of a loss, expressed in or measured by a foreign money.
(7) "Money" means a medium of exchange for the payment of obligations or a store of value authorized or adopted by a government or by intergovernmental agreement.
(8) "Money of the claim" means the money determined as proper pursuant to 25-9-705.
(9) "Person" means an individual, corporation, government or governmental subdivision or agency, business trust, estate, trust, joint venture, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.
(10) "Rate of exchange" means the rate at which money of one country may be converted into money of another country in a free financial market convenient to or reasonably usable by a person obligated to pay or to state a rate of conversion. If separate rates of exchange apply to different kinds of transactions, the term means the rate applicable to the particular transaction giving rise to the foreign-money claim.
(11) "Spot rate" means the rate of exchange at which foreign money is sold by a bank or other dealer in foreign exchange for immediate or next day availability or for settlement by immediate payment in cash or equivalent, by charge to an account, or by an agreed delayed settlement not exceeding 2 days.
(12) "State" means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.
History: En. Sec. 2, Ch. 152, L. 1993.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 7. Uniform Foreign-Money Claims Act › 25-9-703. Scope

25-9-703. Scope.
(1) This part applies only to a foreign-money claim in an action or distribution proceeding.
(2) This part applies to foreign-money issues even if other law under the conflict-of-laws rules of this state applies to other issues in the action or distribution proceeding.
History: En. Sec. 3, Ch. 152, L. 1993.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 7. Uniform Foreign-Money Claims Act › 25-9-704. Variation by agreement

25-9-704. Variation by agreement.
(1) The effect of this part may be varied by agreement of the parties made before or after commencement of an action or distribution proceeding or the entry of judgment.
(2) Parties to a transaction may agree upon the money to be used in a transaction giving rise to a foreign-money claim and may agree to use different money for different aspects of the transaction. Stating the price in a foreign money for one aspect of a transaction does not alone require the use of that money for other aspects of the transaction.
History: En. Sec. 4, Ch. 152, L. 1993.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 7. Uniform Foreign-Money Claims Act › 25-9-705. Determining money of claim

25-9-705. Determining money of claim.
(1) The money in which the parties to a transaction have agreed that payment is to be made is the proper money of the claim for payment.
(2) If the parties to a transaction have not otherwise agreed, the proper money of the claim, as in each case may be appropriate, is the money:
(a) regularly used between the parties as a matter of usage or course of dealing;
(b) used at the time of a transaction in international trade, by trade usage or common practice, for valuing or settling transactions in the particular commodity or service involved; or
(c) in which the loss was ultimately felt or will be incurred by the party claimant.
History: En. Sec. 5, Ch. 152, L. 1993.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 7. Uniform Foreign-Money Claims Act › 25-9-706. Determining amount of money of certain contract claims

25-9-706. Determining amount of money of certain contract claims.
(1) If an amount contracted to be paid in a foreign money is measured by a specified amount of a different money, the amount to be paid is determined on the conversion date.
(2) If an amount contracted to be paid in a foreign money is to be measured by a different money at the rate of exchange prevailing on a date before default, that rate of exchange applies only to payments made within a reasonable time after default, not exceeding 30 days. Thereafter, conversion is made at the bank-offered spot rate on the conversion date.
(3) A monetary claim is neither usurious nor unconscionable because the agreement on which it is based provides that the amount of the debtor's obligation to be paid in the debtor's money, when received by the creditor, must equal a specified amount of the foreign money of the country of the creditor. If, because of unexcused delay in payment of a judgment or award, the amount received by the creditor does not equal the amount of the foreign money specified in the agreement, the court or arbitrator shall amend the judgment or award accordingly.
History: En. Sec. 6, Ch. 152, L. 1993.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 7. Uniform Foreign-Money Claims Act › 25-9-707. Asserting and defending foreign-money claim

25-9-707. Asserting and defending foreign-money claim.
(1) A person may assert a claim in a specified foreign money. If a foreign-money claim is not asserted, the claimant makes the claim in United States dollars.
(2) An opposing party may allege and prove that a claim, in whole or in part, is in a different money than that asserted by the claimant.
(3) A person may assert a defense, setoff, recoupment, or counterclaim in any money without regard to the money of other claims.
(4) The determination of the proper money of the claim is a question of law.
History: En. Sec. 7, Ch. 152, L. 1993.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 7. Uniform Foreign-Money Claims Act › 25-9-708. Judgments and awards on foreign-money claims -- times of money conversion -- form of judgment

25-9-708. Judgments and awards on foreign-money claims -- times of money conversion -- form of judgment.
(1) Except as provided in subsection (3), a judgment or award on a foreign-money claim must be stated in an amount of the money of the claim.
(2) A judgment or award on a foreign-money claim is payable in that foreign money or, at the option of the debtor, in the amount of United States dollars that will purchase that foreign money on the conversion date at a bank-offered spot rate.
(3) Assessed costs must be entered in United States dollars.
(4) Each payment in United States dollars must be accepted and credited on a judgment or award on a foreign-money claim in the amount of the foreign money that could be purchased by the dollars at a bank-offered spot rate of exchange at or near the close of business on the conversion date for that payment.
(5) A judgment or award made in an action or distribution proceeding on both a defense, setoff, recoupment, or counterclaim and the adverse party's claim must be netted by converting the money of the smaller into the money of the larger and by subtracting the smaller from the larger and must specify the rates of exchange used.
(6) A judgment substantially in the following form complies with subsection (1):
IT IS ADJUDGED AND ORDERED, that Defendant (insert name) pay to Plaintiff (insert name) the sum of (insert amount in the foreign money) plus interest on that sum at the rate of (insert rate - see 25-9-710) % a year or, at the option of the judgment debtor, the number of United States dollars that will purchase the (insert name of foreign money) with interest due, at a bank-offered spot rate at or near the close of business on the banking day before the day of payment, together with assessed costs of (insert amount) United States dollars.
(7) If a contract claim is of the type covered by 25-9-706(1) or (2), the judgment or award must be entered for the amount of money stated to measure the obligation to be paid in the money specified for payment or, at the option of the debtor, the number of United States dollars that will purchase the computed amount of the money of payment on the conversion date at a bank-offered spot rate.
(8) A judgment must be filed and indexed in foreign money in the same manner, and has the same effect as a lien, as other judgments. It may be discharged by payment.
History: En. Sec. 8, Ch. 152, L. 1993.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 7. Uniform Foreign-Money Claims Act › 25-9-709. Conversions of foreign money in distribution proceeding

25-9-709. Conversions of foreign money in distribution proceeding.
The rate of exchange prevailing at or near the close of business on the day the distribution proceeding is initiated governs all exchanges of foreign money in a distribution proceeding. A foreign-money claimant in a distribution proceeding shall assert its claim in the named foreign money and show the amount of United States dollars resulting from a conversion as of the date the proceeding was initiated.
History: En. Sec. 9, Ch. 152, L. 1993.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 7. Uniform Foreign-Money Claims Act › 25-9-710. Prejudgment and judgment interest

25-9-710. Prejudgment and judgment interest.
(1) Except as provided in subsection (2), recovery of prejudgment or preaward interest and the rate of interest to be applied in the action or distribution proceeding, with respect to a foreign-money claim, are matters of the substantive law governing the right to recovery under the conflict-of-laws rules of this state.
(2) The court or arbitrator shall increase or decrease the amount of prejudgment or preaward interest otherwise payable in a judgment or award in foreign money to the extent required by the law of this state governing a failure to make or accept an offer of settlement or offer of judgment or governing conduct by a party or its attorney causing undue delay or expense.
(3) A judgment or award on a foreign-money claim bears interest at the rate applicable to judgments of this state.
History: En. Sec. 10, Ch. 152, L. 1993.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 7. Uniform Foreign-Money Claims Act › 25-9-711. Enforcement of foreign judgments

25-9-711. Enforcement of foreign judgments.
(1) If an action is brought to enforce a judgment of another jurisdiction expressed in a foreign money and the judgment is recognized in this state as enforceable, the enforcing judgment must be entered as provided in 25-9-708, whether or not the foreign judgment confers an option to pay in an equivalent amount of United States dollars.
(2) A foreign judgment may be filed in accordance with any rule or statute of this state providing a procedure for its recognition and enforcement.
(3) A satisfaction or partial payment made upon the foreign judgment, on proof thereof, must be credited against the amount of foreign money specified in the judgment, notwithstanding the entry of judgment in this state.
(4) A judgment entered on a foreign-money claim only in United States dollars in another state must be enforced in this state in United States dollars only.
History: En. Sec. 11, Ch. 152, L. 1993.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 7. Uniform Foreign-Money Claims Act › 25-9-712. Determining United States dollar value of foreign-money claims for limited purposes

25-9-712. Determining United States dollar value of foreign-money claims for limited purposes.
(1) Computations under this section are for the limited purposes of this section and do not affect computation of the United States dollar equivalent of the money of the judgment for the purpose of payment.
(2) For the limited purpose of facilitating the enforcement of provisional remedies in an action, the value in United States dollars of assets to be seized or restrained pursuant to a writ of attachment, garnishment, execution, or other legal process, the amount of United States dollars at issue for assessing costs, or the amount of United States dollars involved for a surety bond or other court-required undertaking must be ascertained as provided in subsections (3) and (4).
(3) A party seeking process, costs, bond, or other undertaking under subsection (2) shall compute in United States dollars the amount of the foreign money claimed from a bank-offered spot rate prevailing at or near the close of business on the banking day preceding the filing of a request or application for the issuance of process, for the determination of costs, or for an application for a bond or other court-required undertaking.
(4) A party seeking the process, costs, bond, or other undertaking under subsection (2) shall file with each request or application an affidavit or certificate executed in good faith by its counsel or a bank officer, stating the market quotation used and how it was obtained, and setting forth the calculation. Affected court officials incur no liability, after a filing of the affidavit or certificate, for acting as if the judgment were in the amount of United States dollars stated in the affidavit or certificate.
History: En. Sec. 12, Ch. 152, L. 1993.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 7. Uniform Foreign-Money Claims Act › 25-9-713. Effect of currency revalorization

25-9-713. Effect of currency revalorization.
(1) If, after an obligation is expressed or a loss is incurred in a foreign money, the country issuing or adopting that money substitutes a new money in place of that money, the obligation or the loss is treated as if expressed or incurred in the new money at the rate of conversion the issuing country establishes for the payment of like obligations or losses denominated in the former money.
(2) If substitution under subsection (1) occurs after a judgment or award is entered on a foreign-money claim, the court or arbitrator shall amend the judgment or award by a like conversion of the former money.
History: En. Sec. 13, Ch. 152, L. 1993.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 7. Uniform Foreign-Money Claims Act › 25-9-714. Supplementary general principles of law

25-9-714. Supplementary general principles of law.
Unless displaced by particular provisions of this part, the principles of law and equity, including the law merchant, and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, bankruptcy, or other validating or invalidating causes supplement its provisions.
History: En. Sec. 14, Ch. 152, L. 1993.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 7. Uniform Foreign-Money Claims Act › 25-9-715. Uniformity of application and construction

25-9-715. Uniformity of application and construction.
This part must be applied and construed to effectuate the general purpose to make uniform the law with respect to the subject of this part among states enacting it.
History: En. Sec. 15, Ch. 152, L. 1993.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 8. Foreign Capital Depository -- Asset Protection (Repealed) › 25-9-801. Repealed

25-9-801. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 47, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 8. Foreign Capital Depository -- Asset Protection (Repealed) › 25-9-802. Repealed

25-9-802. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 48, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 8. Foreign Capital Depository -- Asset Protection (Repealed) › 25-9-803. Repealed

25-9-803. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 49, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 8. Foreign Capital Depository -- Asset Protection (Repealed) › 25-9-804. Repealed

25-9-804. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 50, Ch. 382, L. 1997; amd. Sec. 47, Ch. 257, L. 2001; amd. Sec. 30, Ch. 585, L. 2001.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 8. Foreign Capital Depository -- Asset Protection (Repealed) › 25-9-805. Repealed

25-9-805. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 51, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 8. Foreign Capital Depository -- Asset Protection (Repealed) › 25-9-806. Repealed

25-9-806. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 52, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 8. Foreign Capital Depository -- Asset Protection (Repealed) › 25-9-807. Repealed

25-9-807. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 53, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 8. Foreign Capital Depository -- Asset Protection (Repealed) › 25-9-808. Repealed

25-9-808. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 54, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 9. Judgment › Part 8. Foreign Capital Depository -- Asset Protection (Repealed) › 25-9-809. Repealed

25-9-809. Repealed.
Sec. 23, Ch. 163, L. 2005.
History: En. Sec. 55, Ch. 382, L. 1997.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 10. Costs › Part 1. Imposition of Costs › 25-10-101. When costs allowed, of course, to plaintiff

25-10-101. When costs allowed, of course, to plaintiff.
Costs are allowed, of course, to the plaintiff upon a judgment in the plaintiff's favor in the following cases:
(1) in an action for the recovery of real property or damages to real property;
(2) in an action to recover the possession of personal property when the value of the property exceeds $50, with the value determined by the jury, court, or referee by whom the action is tried;
(3) in an action for the recovery of money or damages, exclusive of interest, when plaintiff recovers over $50;
(4) in a special proceeding;
(5) in an action that involves the title or possession or right of possession of real estate;
(6) in an action that involves the legality of any tax, impost, assessment, toll, or municipal fine;
(7) in quo warranto proceedings;
(8) in an action to foreclose a lien or pledge, to prevent or abate a nuisance, or for an injunction; or
(9) in an action for property damage arising out of the ownership, maintenance, or use of a motor vehicle if the plaintiff is entitled to attorney fees under 25-10-303.
History: En. Sec. 401, p. 126, Bannack Stat.; re-en. Sec. 470, p. 229, L. 1867; re-en. Sec. 546, p. 147, Cod. Stat. 1871; re-en. Sec. 482, p. 168, L. 1877; re-en. Sec. 482, 1st Div. Rev. Stat. 1879; amd. Sec. 10, p. 11, L. 1881; re-en. Sec. 495, 1st Div. Comp. Stat. 1887; en. Sec. 1851, C. Civ. Proc. 1895; re-en. Sec. 7154, Rev. C. 1907; re-en. Sec. 9787, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1022; re-en. Sec. 9787, R.C.M. 1935; R.C.M. 1947, 93-8602; amd. Sec. 1, Ch. 528, L. 1981; amd. Sec. 424, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 10. Costs › Part 1. Imposition of Costs › 25-10-102. When costs allowed, of course, to defendant

25-10-102. When costs allowed, of course, to defendant.
Costs must be allowed, of course, to the defendant upon a judgment in the defendant's favor in the actions mentioned in 25-10-101.
History: En. Sec. 472, p. 229, L. 1867; re-en. Sec. 548, p. 148, Cod. Stat. 1871; re-en. Sec. 484, p. 169, L. 1877; re-en. Sec. 484, 1st Div. Rev. Stat. 1879; re-en. Sec. 497, 1st Div. Comp. Stat. 1887; amd. Sec. 1853, C. Civ. Proc. 1895; re-en. Sec. 7155, Rev. C. 1907; re-en. Sec. 9788, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1024; re-en. Sec. 9788, R.C.M. 1935; R.C.M. 1947, 93-8603; amd. Sec. 425, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 10. Costs › Part 1. Imposition of Costs › 25-10-103. When costs discretionary

25-10-103. When costs discretionary.
Unless otherwise provided, in actions other than those mentioned in 25-10-101, costs may be allowed or not and, if allowed, may be apportioned between the parties on the same or adverse sides, in the discretion of the court, but no costs can be allowed in an action for the recovery of money or damages when the plaintiff fails to recover more than $50 or in an action to recover the possession of personal property when the value of the property is not more than $50.
History: En. Sec. 404, p. 127, Bannack Stat.; en. Sec. 473, p. 229, L. 1867; re-en. Sec. 549, p. 148, Cod. Stat. 1871; re-en. Sec. 485, p. 169, L. 1877; re-en. Sec. 485, 1st Div. Rev. Stat. 1879; amd. Sec. 11, p. 11, L. 1881; re-en. Sec. 498, 1st Div. Comp. Stat. 1887; amd. Sec. 1853, C. Civ. Proc. 1895; re-en. Sec. 7156, Rev. C. 1907; re-en. Sec. 9789, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1025; re-en. Sec. 9789, R.C.M. 1935; R.C.M. 1947, 93-8604; amd. Sec. 4, Ch. 402, L. 1979.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 10. Costs › Part 1. Imposition of Costs › 25-10-104. When costs of appeal discretionary

25-10-104. When costs of appeal discretionary.
(1) In the following cases, the costs of appeal are in the discretion of the court:
(a) when a new trial is ordered;
(b) when a judgment is modified.
(2) In all other cases, the successful party shall recover from the other party the successful party's costs.
History: En. Sec. 406, p. 127, Bannack Stat.; amd. Sec. 475, p. 229, L. 1867; re-en. Sec. 551, p. 148, Cod. Stat. 1871; re-en. Sec. 487, p. 169, L. 1877; re-en. Sec. 487, 1st Div. Rev. Stat. 1879; re-en. Sec. 500, 1st Div. Comp. Stat. 1887; amd. Sec. 1855, C. Civ. Proc. 1895; re-en. Sec. 7158, Rev. C. 1907; re-en. Sec. 9791, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1027; re-en. Sec. 9791, R.C.M. 1935; R.C.M. 1947, 93-8606; amd. Sec. 426, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 10. Costs › Part 1. Imposition of Costs › 25-10-105. Costs of review other than by appeal

25-10-105. Costs of review other than by appeal.
When the decision of a court of limited jurisdiction in a special proceeding is brought before a court of higher jurisdiction for a review in any other way than by appeal, the same costs must be allowed as in cases on appeal and may be collected by execution or in such manner as the court may direct, according to the nature of the case.
History: En. Sec. 411, p. 127, Bannack Stat.; re-en. Sec. 480, p. 230, L. 1867; re-en. Sec. 556, p. 149, Cod. Stat. 1871; re-en. Sec. 493, p. 170, L. 1877; re-en. Sec. 493, 1st Div. Rev. Stat. 1879; re-en. Sec. 506, 1st Div. Comp. Stat. 1887; re-en. Sec. 1860, C. Civ. Proc. 1895; re-en. Sec. 7163, Rev. C. 1907; re-en. Sec. 9796, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1032; re-en. Sec. 9796, R.C.M. 1935; R.C.M. 1947, 93-8611; amd. Sec. 10, Ch. 466, L. 1979.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 10. Costs › Part 1. Imposition of Costs › 25-10-106. Several defendants not united in interest

25-10-106. Several defendants not united in interest.
When there are several defendants in the actions mentioned in 25-10-101, not united in interest and making separate defenses by separate answers, and plaintiff fails to recover judgment against all, the court must award costs to such of the defendants as have judgment in their favor.
History: En. Sec. 474, p. 229, L. 1867; re-en. Sec. 550, p. 148, Cod. Stat. 1871; re-en. Sec. 486, p. 169, L. 1877; re-en. Sec. 486, 1st Div. Rev. Stat. 1879; re-en. Sec. 499, 1st Div. Comp. Stat. 1887; re-en. Sec. 1854, C. Civ. Proc. 1895; re-en. Sec. 7157, Rev. C. 1907; re-en. Sec. 9790, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1026; re-en. Sec. 9790, R.C.M. 1935; R.C.M. 1947, 93-8605.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 10. Costs › Part 1. Imposition of Costs › 25-10-107. Costs when tender was made before commencement of action

25-10-107. Costs when tender was made before commencement of action.
When, in an action for the recovery of money only, the defendant alleges in the answer that before the commencement of the action the defendant tendered to the plaintiff the full amount to which the plaintiff was entitled and deposits in court for the plaintiff the amount tendered and the allegation is found to be true, the plaintiff cannot recover costs but shall pay costs to the defendant.
History: En. Sec. 409, p. 127, Bannack Stat.; amd. Sec. 478, p. 229, L. 1867; re-en. Sec. 554, p. 148, Cod. Stat. 1871; re-en. Sec. 491, p. 170, L. 1877; re-en. Sec. 491, 1st Div. Rev. Stat. 1879; re-en. Sec. 504, 1st Div. Comp. Stat. 1887; re-en. Sec. 1858, C. Civ. Proc. 1895; re-en. Sec. 7161, Rev. C. 1907; re-en. Sec. 9794, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1030; re-en. Sec. 9794, R.C.M. 1935; R.C.M. 1947, 93-8609; amd. Sec. 427, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 10. Costs › Part 1. Imposition of Costs › 25-10-108. Imposing costs on party acting as representative

25-10-108. Imposing costs on party acting as representative.
In an action prosecuted or defended by an executor, administrator, trustee of an express trust, or person expressly authorized by statute, costs may be recovered as in an action by and against a person prosecuting or defending in the person's own right. However, the costs must, by the judgment, be made chargeable only upon the estate, fund, or party represented unless the court directs the costs to be paid by the plaintiff or defendant personally for mismanagement or bad faith in the action or defense.
History: En. Sec. 410, p. 127, Bannack Stat.; re-en. Sec. 479, p. 230, L. 1867; re-en. Sec. 555, p. 148, Cod. Stat. 1871; re-en. Sec. 492, p. 170, L. 1877; re-en. Sec. 492, 1st Div. Rev. Stat. 1879; re-en. Sec. 505, 1st Div. Comp. Stat. 1887; re-en. Sec. 1859, C. Civ. Proc. 1895; re-en. Sec. 7162, Rev. C. 1907; re-en. Sec. 9795, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1031; re-en. Sec. 9795, R.C.M. 1935; R.C.M. 1947, 93-8610; amd. Sec. 428, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 10. Costs › Part 1. Imposition of Costs › 25-10-109. Prisoner attendance at civil proceeding prohibited -- exceptions -- costs

25-10-109. Prisoner attendance at civil proceeding prohibited -- exceptions -- costs.
(1) A person incarcerated in a correctional facility of the department of corrections may not attend a civil proceeding in which the person is a party unless:
(a) the person is a respondent in a proceeding to terminate parental rights; or
(b) the court determines that a party will be substantially and irreparably prejudiced by not attending the civil proceeding.
(2) A court may not issue a writ of habeas corpus ordering a person in the legal custody of the department of corrections to attend a court proceeding without first:
(a) notifying the department and allowing the department 15 days to file a written objection; and
(b) if requested, granting the department an opportunity to appear and present evidence that the person's attendance at the proceeding represents a security risk.
(3) A person who requests that a person in the legal custody of the department of corrections attend a civil proceeding shall pay all costs associated with security.
History: En. Sec. 1, Ch. 475, L. 1997.