reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 10. Costs › Part 2. Allowable Costs › 25-10-201. Costs generally allowable

25-10-201. Costs generally allowable.
A party to whom costs are awarded in an action is entitled to include in the party's bill of costs the party's necessary disbursements, as follows:
(1) the legal fees of witnesses, including mileage, or referees and other officers;
(2) the expenses of taking depositions;
(3) the legal fees for publication when publication is directed;
(4) the legal fees paid for filing and recording papers and certified copies of papers necessarily used in the action or on the trial;
(5) the legal fees paid stenographers for per diem or for copies;
(6) the reasonable expenses of printing papers for a hearing when required by a rule of court;
(7) the reasonable expenses of making transcript for the supreme court;
(8) the reasonable expenses for making a map or maps if required and necessary to be used on trial or hearing; and
(9) other reasonable and necessary expenses that are taxable according to the course and practice of the court or by express provision of law.
History: En. Sec. 1866, C. Civ. Proc. 1895; re-en. Sec. 7169, Rev. C. 1907; re-en. Sec. 9802, R.C.M. 1921; re-en. Sec. 9802, R.C.M. 1935; R.C.M. 1947, 93-8618; amd. Sec. 429, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 10. Costs › Part 2. Allowable Costs › 25-10-202. Costs of motion

25-10-202. Costs of motion.
Whenever a motion is sustained or overruled, the losing party must pay to the other $10 as costs. If a motion is withdrawn before the hearing, it must be considered overruled.
History: En. Sec. 1861, C. Civ. Proc. 1895; re-en. Sec. 7164, Rev. C. 1907; re-en. Sec. 9797, R.C.M. 1921; re-en. Sec. 9797, R.C.M. 1935; R.C.M. 1947, 93-8612; amd. Sec. 99, Ch. 575, L. 1981.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 10. Costs › Part 2. Allowable Costs › 25-10-203. Costs of postponement

25-10-203. Costs of postponement.
When an application is made to the court or referee to postpone a trial, the payment of costs occasioned by the postponement may be imposed, in the discretion of the court or referee, as a condition of granting the same.
History: En. Sec. 408, p. 127, Bannack Stat.; re-en. Sec. 477, p. 229, L. 1867; re-en. Sec. 553, p. 148, Cod. Stat. 1871; re-en. Sec. 490, p. 170, L. 1877; re-en. Sec. 490, 1st Div. Rev. Stat. 1879; re-en. Sec. 503, 1st Div. Comp. Stat. 1887; re-en. Sec. 1857, C. Civ. Proc. 1895; re-en. Sec. 7160, Rev. C. 1907; re-en. Sec. 9793, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1029; re-en. Sec. 9793, R.C.M. 1935; R.C.M. 1947, 93-8608.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 10. Costs › Part 2. Allowable Costs › 25-10-204. Costs of transferring papers -- change of venue

25-10-204. Costs of transferring papers -- change of venue.
The costs and fees of transmitting the pleading and papers when an order is made transferring an action or proceeding for trial and of filing the papers anew must be paid by the party at whose instance the order was made; except that the party filing the complaint must pay all costs and fees of filing the papers anew and all costs and fees, including reasonable attorneys' fees to be fixed by the court, incurred by the defendant by reason of the change of venue motion and hearing when:
(1) the action is an action upon a contract, express or implied, for the direct payment of money and no claim contained in the complaint exceeds $1,000;
(2) the county designated in the complaint is not the proper county; and
(3) the plaintiff will not within 10 days after request stipulate for change of venue and defendant files a motion for such change and such motion is thereafter granted.
History: En. Sec. 64, p. 53, L. 1877; re-en. Sec. 64, 1st Div. Rev. Stat. 1879; re-en. Sec. 64, 1st Div. Comp. Stat. 1887; re-en. Sec. 617, C. Civ. Proc. 1895; re-en. Sec. 6508, Rev. C. 1907; re-en. Sec. 9100, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 399; re-en. Sec. 9100, R.C.M. 1935; amd. Sec. 1, Ch. 176, L. 1971; R.C.M. 1947, 93-2908(part).
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 10. Costs › Part 2. Allowable Costs › 25-10-205. Costs of securing witnesses -- substitution of judge

25-10-205. Costs of securing witnesses -- substitution of judge.
Whenever a motion for substitution of a judge is filed after the action or proceeding is set for trial or hearing, the party filing the motion shall pay to the opposite party all costs necessarily incurred in securing the attendance of witnesses between the date the order was made fixing the day of hearing or trial and the time the motion was filed, and such costs so paid are not recoverable in the action or proceeding.
History: En. Sec. 1, Ch. 5, Ex. L. 1903; re-en. Sec. 6511, Rev. C. 1907; re-en. Sec. 9103, R.C.M. 1921; re-en. Sec. 9103, R.C.M. 1935; R.C.M. 1947, 93-2911; amd. Sec. 100, Ch. 575, L. 1981.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 10. Costs › Part 2. Allowable Costs › 25-10-206. Secretary of state's fee for accepting service of process

25-10-206. Secretary of state's fee for accepting service of process.
The fee paid by the plaintiff to the secretary of state pursuant to part 6 of chapter 3 and Rule 4(p), M.R.Civ.P., must be taxed as part of the plaintiff's costs if the plaintiff prevails in the action.
History: En. Sec. 5, Ch. 10, L. 1937; amd. Sec. 11, Ch. 117, L. 1961; R.C.M. 1947, 53-205; amd. Sec. 131, Ch. 42, L. 1997.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 10. Costs › Part 3. Attorney Fees › 25-10-301. Determining compensation of attorneys

25-10-301. Determining compensation of attorneys.
The measure and mode of compensation of attorneys and counselors at law is left to agreement, express or implied, of the parties, except that in probate proceedings the court may fix and allow the compensation of attorneys representing administrators, executors, guardians, trustees, and agents appointed by the court. But parties to actions or proceedings are entitled to costs and disbursements as provided by law.
History: En. Sec. 469, p. 228, L. 1867; re-en. Sec. 545, p. 147, Cod. Stat. 1871; re-en. Sec. 481, p. 168, L. 1877; re-en. Sec. 481, 1st Div. Rev. Stat. 1879; re-en. Sec. 494, 1st Div. Comp. Stat. 1887; amd. Sec. 1850, C. Civ. Proc. 1895; re-en. Sec. 7153, Rev. C. 1907; amd. Sec. 1, Ch. 45, L. 1919; re-en. Sec. 9786, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1021; re-en. Sec. 9786, R.C.M. 1935; R.C.M. 1947, 93-8601.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 10. Costs › Part 3. Attorney Fees › 25-10-302. Inclusion of attorney's fees in bill of costs

25-10-302. Inclusion of attorney's fees in bill of costs.
The attorney fees mentioned in 25-10-303, 30-9A-607, 71-1-233, and 71-3-124 and paralegal fees as a component of attorney fees as provided in 25-10-304 need not be included in the cost bill if they are made a part of the judgment.
History: En. Sec. 1865, C. Civ. Proc. 1895; re-en. Sec. 7168, Rev. C. 1907; re-en. Sec. 9801, R.C.M. 1921; re-en. Sec. 9801, R.C.M. 1935; R.C.M. 1947, 93-8617; amd. Sec. 2, Ch. 528, L. 1981; amd. Sec. 128, Ch. 305, L. 1999; amd. Sec. 3, Ch. 443, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 10. Costs › Part 3. Attorney Fees › 25-10-303. Attorney fees -- motor vehicle claim

25-10-303. Attorney fees -- motor vehicle claim.
In an action involving solely the recovery of property damages arising out of the ownership, maintenance, or use of a motor vehicle, in which the plaintiff secures a judgment equal to or greater than the amount of damages claimed by the plaintiff in the plaintiff's last written offer to the defendant or the defendant's agent prior to the filing of the cause of action, the court shall allow plaintiff's reasonable attorney fees, which must be fixed by the court, notwithstanding any agreement between the parties to the contrary. If the defendant or the defendant's agent fails to make any offer within 15 days of the date requested to do so by the plaintiff, the plaintiff may file the cause of action and, if successful in the action, is entitled to reasonable attorney fees under this section.
History: En. Sec. 3, Ch. 528, L. 1981; amd. Sec. 430, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 10. Costs › Part 3. Attorney Fees › 25-10-304. Paralegal fees as component of attorney fees

25-10-304. Paralegal fees as component of attorney fees.
In any case or proceeding in which attorney fees are awarded to the prevailing party, the court may, as a component of the attorney fees, include reasonable fees of a paralegal, as defined in 25-10-305.
History: En. Sec. 1, Ch. 443, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 10. Costs › Part 3. Attorney Fees › 25-10-305. Paralegal defined -- use of title

25-10-305. Paralegal defined -- use of title.
(1) As used in 25-10-304 and this section, "paralegal" means a person qualified through education, training, or work experience who is employed or retained to perform, under supervision by a licensed attorney, substantive legal work that:
(a) requires a substantial knowledge of legal concepts; and
(b) in the absence of the paralegal, would be performed by an attorney.
(2) An individual may use the title "paralegal" if the individual:
(a) has received an associate's degree in paralegal studies from an accredited institution or a baccalaureate degree in paralegal studies from an accredited college or university;
(b) has received a baccalaureate degree in any discipline from an accredited college or university and has completed not less than 18 semester credits of course work offered by a qualified paralegal studies program;
(c) has received certification by the national association of legal assistants or the national federation of paralegal associations;
(d) has received a high school diploma or its equivalent, has performed not less than 4,800 hours of substantive legal work under the supervision of a licensed attorney documented by the certification of the attorney or attorneys under whom the work was done, and has completed at least 5 hours of approved continuing legal education in the area of legal ethics and professional responsibility; or
(e) has graduated from an accredited law school and has not been disbarred or suspended from the practice of law by any jurisdiction.
(3) A person may not practice as a paralegal except under the supervision of a licensed attorney and is prohibited from engaging in the unauthorized practice of law.
History: En. Sec. 2, Ch. 443, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 10. Costs › Part 4. Officers' Fees, Prepayment › 25-10-401. Itemization of officer's fees

25-10-401. Itemization of officer's fees.
No fees of any officer shall be payable until an itemized account of the same, signed by the officer, shall be presented to the person liable therefor.
History: En. Sec. 11, p. 52, L. 1874; re-en. Sec. 815, 1st Div. Rev. Stat. 1879; re-en. Sec. 521, 1st Div. Comp. Stat. 1887; en. Sec. 1877, C. Civ. Proc. 1895; re-en. Sec. 7180, Rev. C. 1907; re-en. Sec. 9813, R.C.M. 1921; re-en. Sec. 9813, R.C.M. 1935; R.C.M. 1947, 93-8629.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 10. Costs › Part 4. Officers' Fees, Prepayment › 25-10-402. No charge for copies furnished by party

25-10-402. No charge for copies furnished by party.
In all cases in which copies of pleadings, affidavits, or other papers are to be served, the sheriff or clerk may not charge or receive a fee for making the copies when the copies are furnished to the sheriff or clerk by the party to the action or the party's attorney.
History: En. Sec. 1905, C. Civ. Proc. 1895; re-en. Sec. 7199, Rev. C. 1907; re-en. Sec. 9832, R.C.M. 1921; re-en. Sec. 9832, R.C.M. 1935; R.C.M. 1947, 93-8717; amd. Sec. 431, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 10. Costs › Part 4. Officers' Fees, Prepayment › 25-10-403. Prepayment of fees

25-10-403. Prepayment of fees.
Each party to a civil action is required to pay the fees fixed by law for the performance of any service or duty by any officer of such court at the instance of such party at the time such service is rendered, except in the case mentioned in 25-10-405 and 25-10-701; and no such officer is required to perform such service or duty unless the fees fixed therefor are, on demand, first paid or tendered.
History: En. Sec. 565, p. 150, Cod. Stat. 1871; re-en. Sec. 505, p. 173, L. 1877; re-en. Sec. 505, 1st Div. Rev. Stat. 1879; re-en. Sec. 518, 1st Div. Comp. Stat. 1887; re-en. Sec. 1875, C. Civ. Proc. 1895; re-en. Sec. 7178, Rev. C. 1907; re-en. Sec. 9811, R.C.M. 1921; re-en. Sec. 9811, R.C.M. 1935; R.C.M. 1947, 93-8627.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 10. Costs › Part 4. Officers' Fees, Prepayment › 25-10-405. Governmental entities not required to prepay fees -- exceptions

25-10-405. Governmental entities not required to prepay fees -- exceptions.
The state, a county, a municipality, or any subdivision thereof or any officer when prosecuting or defending an action on behalf of the state, a county, a municipality, or a subdivision thereof is not required to pay or deposit any fee or amount to or with any officer during the prosecution or defense of an action, except the fee under 25-1-201(1)(p) for filing a motion for substitution of a judge, the fee under 25-1-201(1)(r) for filing a pleading by facsimile or e-mail, and all fees for photocopies, postage and handling, certifications, authentications, and record searches.
History: En. Sec. 564, p. 150, Cod. Stat. 1871; re-en. Sec. 504, p. 173, L. 1877; re-en. Sec. 504, 1st Div. Rev. Stat 1879; re-en. Sec. 517, 1st Div. Comp. Stat. 1887; en. Sec. 1874, C. Civ. Proc. 1895; re-en. Sec. 7177, Rev. C. 1907; re-en. Sec. 9810, R.C.M. 1921; amd. Sec. 1, Ch. 9, L. 1925; re-en. Sec. 9810, R.C.M. 1935; R.C.M. 1947, 93-8626(part); amd. Sec. 3, Ch. 318, L. 1987; amd. Sec. 1, Ch. 466, L. 1991; amd. Sec. 2, Ch. 570, L. 1993; amd. Sec. 4, Ch. 344, L. 2013.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 10. Costs › Part 4. Officers' Fees, Prepayment › 25-10-406. Collection of clerk's and sheriff's costs after judgment

25-10-406. Collection of clerk's and sheriff's costs after judgment.
In all cases, after final judgment, the clerk or sheriff may make out a bill of costs against the party incurring them, and if not paid within 20 days after demand, execution may issue in the name of the parties to the action for the benefit of the clerk or sheriff.
History: En. Sec. 10, p. 51, L. 1874; re-en. Sec. 814, 1st Div. Rev. Stat. 1879; re-en. Sec. 520, 1st Div. Comp. Stat. 1887; en. Sec. 1876, C. Civ. Proc. 1895; re-en. Sec. 7179, Rev. C. 1907; re-en. Sec. 9812, R.C.M. 1921; re-en. Sec. 9812, R.C.M. 1935; R.C.M. 1947, 93-8628.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 10. Costs › Part 5. Claiming Costs › 25-10-501. Bill of costs

25-10-501. Bill of costs.
The party in whose favor judgment is rendered and who claims the party's costs shall deliver to the clerk and serve upon the adverse party, within 5 days after the verdict or notice of the decision of the court or referee or, if the entry of the judgment on the verdict or decision is stayed, then before the entry is made, a memorandum of the items of the party's costs and necessary disbursements in the action or proceeding. The memorandum must be verified by the oath of the party, the party's attorney or agent, or the clerk of the party's attorney, stating that to the best of the person's knowledge and belief, the items are correct and that the disbursements have been necessarily incurred in the action or proceeding.
History: En. Sec. 412, p. 128, Bannack Stat.; amd. Sec. 481, p. 230, L. 1867; re-en. Sec. 557, p. 149, Cod. Stat. 1871; amd. Sec. 1, p. 39, Ex. L. 1873; amd. Sec. 9, p. 51, L. 1874; amd. Secs. 494-497, p. 171, L. 1877; re-en. Secs. 494-497, 1st Div. Rev. Stat. 1879; re-en. Secs. 507-510, 1st Div. Comp. Stat. 1887; re-en. Sec. 1867, C. Civ. Proc. 1895; re-en. Sec. 7170, Rev. C. 1907; re-en. Sec. 9803, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1033; re-en. Sec. 9803, R.C.M. 1935; R.C.M. 1947, 93-8619(part); amd. Sec. 432, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 10. Costs › Part 5. Claiming Costs › 25-10-502. Procedure upon objection to bill of costs

25-10-502. Procedure upon objection to bill of costs.
A party dissatisfied with the costs claimed may, within 5 days after notice of filing of the bill of costs, file and serve a notice of a motion to have the same taxed by the court in which the judgment was rendered or by the judge thereof at chambers.
History: En. Sec. 412, p. 128, Bannack Stat.; amd. Sec. 481, p. 230, L. 1867; re-en. Sec. 557, p. 149, Cod. Stat. 1871; amd. Sec. 1, p. 39, Ex. L. 1873; amd. Sec. 9, p. 51, L. 1874; amd. Secs. 494-497, p. 171, L. 1877; re-en. Secs. 494-497, 1st Div. Rev. Stat. 1879; re-en. Secs. 507-510, 1st Div. Comp. Stat. 1887; re-en. Sec. 1867, C. Civ. Proc. 1895; re-en. Sec. 7170, Rev. C. 1907; re-en. Sec. 9803, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1033; re-en. Sec. 9803, R.C.M. 1935; R.C.M. 1947, 93-8619(part).
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 10. Costs › Part 5. Claiming Costs › 25-10-503. How costs on appeal claimed

25-10-503. How costs on appeal claimed.
Whenever costs are awarded to a party by an appellate court, if the party claims the costs, the party shall, within 30 days after the remittitur is filed with the clerk in the original proceeding, deliver to the clerk a memorandum of the party's costs, verified as prescribed in 25-10-501, and then the party may have an execution for the costs as upon a judgment.
History: En. Sec. 499, p. 172, L. 1877; re-en. Sec. 499, 1st Div. Rev. Stat. 1879; re-en. Sec. 512, 1st Div. Comp. Stat. 1887; re-en. Sec. 1869, C. Civ. Proc. 1895; re-en. Sec. 7172, Rev. C. 1907; re-en. Sec. 9805, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1034; re-en. Sec. 9805, R.C.M. 1935; R.C.M. 1947, 93-8621; amd. Sec. 433, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 10. Costs › Part 5. Claiming Costs › 25-10-504. Clerk to include costs in judgment

25-10-504. Clerk to include costs in judgment.
The clerk shall include in the judgment entered by the clerk the costs, if the costs have been taxed or ascertained. The clerk shall, within 2 days after the costs are taxed or ascertained, if not included in the judgment, insert the costs in a blank left in the judgment for that purpose and shall make a similar insertion of the costs in the copies and docket of the judgment.
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. 434, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 10. Costs › Part 6. Security for Costs › 25-10-601. Security for costs from nonresident plaintiff

25-10-601. Security for costs from nonresident plaintiff.
When the plaintiff in an action resides out of this state or is a foreign corporation, security for the costs and charges which may be awarded against such plaintiff may be required by the defendant. When required, all proceedings in the action must be stayed until an undertaking, executed by two or more persons, is filed with the clerk to the effect that they will pay such costs and charges as may be awarded against the plaintiff by judgment or in the progress of the action, not exceeding $300. A new or an additional undertaking may be ordered by the court or judge upon proof that the original undertaking is insufficient security and proceedings in the action stayed until such new or additional undertaking is executed and filed.
History: En. Sec. 414, p. 128, Bannack Stat.; amd. Sec. 483, p. 230, L. 1867; re-en. Sec. 559, p. 149, Cod. Stat. 1871; re-en. Sec. 501, p. 172, L. 1877; re-en. Sec. 501, 1st Div. Rev. Stat. 1879; re-en. Sec. 514, 1st Div. Comp. Stat. 1887; re-en. Sec. 1871, C. Civ. Proc. 1895; re-en. Sec. 7174, Rev. C. 1907; re-en. Sec. 9807, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1036; re-en. Sec. 9807, R.C.M. 1935; R.C.M. 1947, 93-8623.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 10. Costs › Part 6. Security for Costs › 25-10-602. Dismissal when security not given

25-10-602. Dismissal when security not given.
After the lapse of 30 days from the service of notice that security is required or of an order for new or additional security, upon proof thereof and that no undertaking as required has been filed, the court or judge may order the action to be dismissed.
History: En. Sec. 485, p. 230, L. 1867; re-en. Sec. 561, p. 149, Cod. Stat. 1871; re-en. Sec. 502, p. 173, L. 1877; re-en. Sec. 502, 1st Div. Rev. Stat. 1879; re-en. Sec. 515, 1st Div. Comp. Stat. 1887; re-en. Sec. 1872, C. Civ. Proc. 1895; re-en. Sec. 7175, Rev. C. 1907; re-en. Sec. 9808, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1037; re-en. Sec. 9808, R.C.M. 1935; R.C.M. 1947, 93-8624.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 10. Costs › Part 7. Payment of Costs by Governmental Entities › 25-10-701. Public officers not to be personally taxed

25-10-701. Public officers not to be personally taxed.
No officer prosecuting or defending as provided in 25-10-405 shall be taxed with costs or damages, but such costs or damages, if any, shall be taxed to the state, county, or municipality, as the case may be.
History: En. Sec. 564, p. 150, Cod. Stat. 1871; re-en. Sec. 504, p. 173, L. 1877; re-en. Sec. 504, 1st Div. Rev. Stat 1879; re-en. Sec. 517, 1st Div. Comp. Stat. 1887; en. Sec. 1874, C. Civ. Proc. 1895; re-en. Sec. 7177, Rev. C. 1907; re-en. Sec. 9810, R.C.M. 1921; amd. Sec. 1, Ch. 9, L. 1925; re-en. Sec. 9810, R.C.M. 1935; R.C.M. 1947, 93-8626(part).
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 10. Costs › Part 7. Payment of Costs by Governmental Entities › 25-10-702. Payment of costs by state

25-10-702. Payment of costs by state.
When the state is a party and costs are awarded against it, they must be paid out of the state treasury.
History: En. Sec. 1878, C. Civ. Proc. 1895; re-en. Sec. 7181, Rev. C. 1907; re-en. Sec. 9814, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1038; re-en. Sec. 9814, R.C.M. 1935; R.C.M. 1947, 93-8630.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 10. Costs › Part 7. Payment of Costs by Governmental Entities › 25-10-703. Payment of costs by county

25-10-703. Payment of costs by county.
When a county is a party and costs are awarded against it, they must be paid out of the county treasury.
History: En. Sec. 1879, C. Civ. Proc. 1895; re-en. Sec. 7182, Rev. C. 1907; re-en. Sec. 9815, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1039; re-en. Sec. 9815, R.C.M. 1935; R.C.M. 1947, 93-8631.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 10. Costs › Part 7. Payment of Costs by Governmental Entities › 25-10-711. Award of costs against governmental entity when suit or defense is frivolous or pursued in bad faith

25-10-711. Award of costs against governmental entity when suit or defense is frivolous or pursued in bad faith.
(1) In any civil action brought by or against the state, a political subdivision, or an agency of the state or a political subdivision, the opposing party, whether plaintiff or defendant, is entitled to the costs enumerated in 25-10-201 and reasonable attorney fees as determined by the court if:
(a) the opposing party prevails against the state, political subdivision, or agency; and
(b) the court finds that the claim or defense of the state, political subdivision, or agency that brought or defended the action was frivolous or pursued in bad faith.
(2) Costs may be granted pursuant to subsection (1) notwithstanding any other provision of the law to the contrary.
History: En. Sec. 1, Ch. 402, L. 1979; amd. Sec. 435, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 11. New Trial › Part 1. General Provisions › 25-11-101. New trial defined

25-11-101. New trial defined.
A new trial is a reexamination of an issue of fact in the same court after a trial and decision by a jury or court or by referees.
History: En. Sec. 168, p. 76, Bannack Stat.; en. Sec. 192, p. 171, L. 1867; re-en. Sec. 232, p. 74, Cod. Stat. 1871; re-en. Sec. 284, p. 111, L. 1877; re-en. Sec. 284, 1st Div. Rev. Stat. 1879; re-en. Sec. 295, 1st Div. Comp. Stat. 1887; re-en. Sec. 1170, C. Civ. Proc. 1895; re-en. Sec. 6793, Rev. C. 1907; re-en. Sec. 9395, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 656; re-en. Sec. 9395, R.C.M. 1935; R.C.M. 1947, 93-5601.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 11. New Trial › Part 1. General Provisions › 25-11-102. Grounds for new trial

25-11-102. Grounds for new trial.
The former verdict or other decision may be vacated and a new trial granted on the application of the party aggrieved for any of the following causes materially affecting the substantial rights of the party:
(1) irregularity in the proceedings of the court, jury, or adverse party or any order of the court or abuse of discretion by which either party was prevented from having a fair trial;
(2) misconduct of the jury. Whenever any one or more of the jurors have been induced to assent to any general or special verdict or to a finding on any question submitted to them by the court by a resort to the determination of chance, the misconduct may be proved by the affidavit of any one of the jurors.
(3) accident or surprise that ordinary prudence could not have guarded against;
(4) newly discovered evidence material for the party making the application that the party could not, with reasonable diligence, have discovered and produced at the trial;
(5) excessive damages appearing to have been given under the influence of passion or prejudice;
(6) insufficiency of the evidence to justify the verdict or other decision or that it is against law;
(7) error in law occurring at the trial and excepted to by the party making the application.
History: En. Sec. 169, p. 76, Bannack Stat.; amd. Sec. 193, p. 171, L. 1867; re-en. Sec. 233, p. 74, Cod. Stat. 1871; amd. Sec. 285, p. 111, L. 1877; re-en. Sec. 285, 1st Div. Rev. Stat. 1879; amd. Sec. 7, p. 10, L. 1881; re-en. Sec. 296, 1st Div. Comp. Stat. 1887; re-en. Sec. 1171, C. Civ. Proc. 1895; re-en. Sec. 6794, Rev. C. 1907; re-en. Sec. 9397, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 657; amd. Sec. 1, Ch. 68, L. 1935; re-en. Sec. 9397, R.C.M. 1935; R.C.M. 1947, 93-5603; amd. Sec. 101, Ch. 575, L. 1981; amd. Sec. 436, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 11. New Trial › Part 1. General Provisions › 25-11-103. Grounds after trial by the court

25-11-103. Grounds after trial by the court.
No new trial may be granted in cases tried by the court without a jury, except on the grounds mentioned in subsections (1), (3), and (4) of 25-11-102.
History: En. Sec. 5, Ch. 225, L. 1921; re-en. Sec. 9396, R.C.M. 1921; re-en. Sec. 9396, R.C.M. 1935; R.C.M. 1947, 93-5602; amd. Sec. 102, Ch. 575, L. 1981.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 11. New Trial › Part 1. General Provisions › 25-11-104. How motion for new trial made

25-11-104. How motion for new trial made.
(1) Motions for new trials shall be made as follows:
(a) For causes mentioned in 25-11-102(1), the motion shall be made on affidavits or on the minutes of the court.
(b) For causes mentioned in subsection (2), (3), or (4) of 25-11-102, the motion shall be made only on affidavits.
(c) For causes mentioned in subsection (5), (6), or (7) of 25-11-102, the motion shall be made only on the minutes of the court.
(2) The official stenographic reports of the trial may be referred to as a part of the minutes of the court.
History: En. Sec. 170, p. 77, Bannack Stat.; re-en. Sec. 234, p. 75, Cod. Stat. 1871; amd. Sec. 286, p. 112, L. 1877; re-en. Sec. 286, 1st Div. Rev. Stat. 1879; re-en. Sec. 297, 1st Div. Comp. Stat. 1887; re-en. Sec. 1172, C. Civ. Proc. 1895; amd. Sec. 1, Ch. 41, L. 1907; Sec. 6795, Rev. C. 1907; amd. Sec. 6, Ch. 225, L. 1921; re-en. Sec. 9398, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 658; amd. Sec. 2, Ch. 68, L. 1935; re-en. Sec. 9398, R.C.M. 1935; R.C.M. 1947, 93-5604; amd. Sec. 103, Ch. 575, L. 1981.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 12. Appeal to Supreme Court › Part 1. General Provisions › 25-12-101. Exclusive method of review

25-12-101. Exclusive method of review.
A judgment or order in a civil action, except when expressly made final by this code, may be reviewed as prescribed by the Rules of Appellate Procedure and not otherwise.
History: En. Sec. 248, p. 94, Bannack Stat.; re-en. Sec. 317, p. 199, L. 1867; re-en. Sec. 366, p. 107, Cod. Stat. 1871; re-en. Sec. 405, p. 149, L. 1877; re-en. Sec. 405, 1st Div. Rev. Stat. 1879; re-en. Sec. 418, 1st Div. Comp. Stat. 1887; re-en. Sec. 1720, C. Civ. Proc. 1895; re-en. Sec. 7096, Rev. C. 1907; re-en. Sec. 9729, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 936; re-en. Sec. 9729, R.C.M. 1935; amd. Sup. Ct. Ord. 11020, eff. January 1, 1966; R.C.M. 1947, 93-8001(part).
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 12. Appeal to Supreme Court › Part 1. General Provisions › 25-12-102. Cases in which appeal may be taken

25-12-102. Cases in which appeal may be taken.
A party aggrieved may appeal in the cases prescribed in the Rules of Appellate Procedure.
History: En. Sec. 248, p. 94, Bannack Stat.; amd. Sec. 319, p. 199, L. 1867; re-en. Sec. 368, p. 107, Cod. Stat. 1871; re-en. Sec. 407, p. 150, L. 1877; re-en. Sec. 407, 1st Div. Rev. Stat. 1879; re-en. Sec. 420, 1st Div. Comp. Stat. 1887; re-en. Sec. 1721, C. Civ. Proc. 1895; re-en. Sec. 7097, Rev. C. 1907; re-en. Sec. 9730, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 938; re-en. Sec. 9730, R.C.M. 1935; amd. Sup. Ct. Ord. 11020, eff. January 1, 1966; R.C.M. 1947, 93-8002(part).
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 12. Appeal to Supreme Court › Part 1. General Provisions › 25-12-103. Appeal bonds in civil actions

25-12-103. Appeal bonds in civil actions.
(1) Except as provided in subsection (2), in order to ensure that financial considerations do not adversely impact the right of appeal, in civil litigation under any legal theory, the supersedeas bond to be furnished in order to stay the execution of the judgment during the entire course of appellate review, including review by the United States supreme court, may not exceed $50 million, regardless of the amount of the judgment.
(2) If an appellee proves by a preponderance of the evidence that an appellant is dissipating assets or is likely to dissipate assets outside the ordinary course of business to avoid the payment of a judgment, a court may require the appellant to post a bond in an amount up to the amount of the judgment.
History: En. Sec. 1, Ch. 154, L. 2013.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 1. Right to Enforcement of Judgment › 25-13-101. Time limit for issuing execution

25-13-101. Time limit for issuing execution.
(1) The party in whose favor the judgment is given may, at any time within the time period prescribed in 27-2-201(1) and (2), have a writ of execution issued for its enforcement.
(2) When the judgment is for the payment of child support, the party in whose favor the judgment is given may, at any time within 10 years after the termination of the support obligation or within 10 years from entry of a lump-sum judgment or order for support arrears, whichever is later, have a writ of execution issued for its enforcement.
History: En. Sec. 183, p. 79, Bannack Stat.; re-en. Sec. 209, p. 176, L. 1867; re-en. Sec. 250, p. 80, Cod. Stat. 1871; amd. Sec. 301, p. 118, L. 1877; re-en. Sec. 301, 1st Div. Rev. Stat. 1879; re-en. Sec. 312, 1st Div. Comp. Stat. 1887; amd. Sec. 1210, C. Civ. Proc. 1895; re-en. Sec. 6813, Rev. C. 1907; re-en. Sec. 9416, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 681; re-en. Sec. 9416, R.C.M. 1935; R.C.M. 1947, 93-5801; amd. Sec. 4, Ch. 631, L. 1993; amd. Sec. 4, Ch. 60, L. 1995; amd. Sec. 7, Ch. 515, L. 2001.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 1. Right to Enforcement of Judgment › 25-13-102. Repealed

25-13-102. Repealed.
Sec. 18, Ch. 515, L. 2001.
History: En. Sec. 7, p. 51, L. 1874; re-en. Sec. 813, 1st Div. Rev. Stat. 1879; re-en. Sec. 349, 1st Div. Comp. Stat. 1887; en. Sec. 1215, C. Civ. Proc. 1895; re-en. Sec. 6818, Rev. C. 1907; re-en. Sec. 9421, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 685; re-en. Sec. 9421, R.C.M. 1935; R.C.M. 1947, 93-5807.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 1. Right to Enforcement of Judgment › 25-13-103. Execution after death of party

25-13-103. Execution after death of party.
Notwithstanding the death of a party after the judgment, execution on the judgment may be issued or it may be enforced as follows:
(1) In case of the death of the judgment creditor, it may be enforced upon the application of the creditor's executor, administrator, or successor in interest.
(2) In case of the death of the judgment debtor, if the judgment is for the recovery of real or personal property or the enforcement of a lien on the property, execution may be issued with the same effect as if the debtor were still living.
History: En. Sec. 215, p. 178, L. 1867; re-en. Sec. 256, p. 82, Cod. Stat. 1871; re-en. Sec. 306, p. 120, L. 1877; re-en. Sec. 306, 1st Div. Rev. Stat. 1879; re-en. Sec. 317, 1st Div. Comp. Stat. 1887; re-en. Sec. 1216, C. Civ. Proc. 1895; re-en. Sec. 6819, Rev. C. 1907; re-en. Sec. 9422, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 686; re-en. Sec. 9422, R.C.M. 1935; R.C.M. 1947, 93-5808; amd. Sec. 437, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 1. Right to Enforcement of Judgment › 25-13-104. Compelling contribution or repayment -- joint debtor -- surety

25-13-104. Compelling contribution or repayment -- joint debtor -- surety.
(1) When property liable to an execution against several persons is sold upon execution and more than a due proportion of the judgment is satisfied out of the proceeds of the sale of property of one of them or one of them pays, without a sale, more than the person's proportion, the person may compel contribution from the others. When a judgment is against several persons and is upon an obligation of one of them as surety for another and the surety pays the amount or any part of the amount, either by sale of the surety's property or before sale, the surety may compel repayment from the principal.
(2) In the case described in subsection (1), the person paying or contributing is entitled to the benefit of the judgment to enforce contribution or repayment if, within 10 days after the person's payment, the person files with the clerk of the court where judgment was rendered notice of payment and a claim to contribution or repayment. Upon the filing of the notice, the clerk shall make an entry of the notice in the margin of the docket.
History: En. Sec. 337, p. 132, L. 1877; re-en. Sec. 337, 1st Div. Rev. Stat. 1879; re-en. Sec. 348, 1st Div. Comp. Stat. 1887; re-en. Sec. 1242, C. Civ. Proc. 1895; re-en. Sec. 6845, Rev. C. 1907; re-en. Sec. 9451, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 709; re-en. Sec. 9451, R.C.M. 1935; R.C.M. 1947, 93-5843; amd. Sec. 104, Ch. 575, L. 1981; amd. Sec. 438, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 1. Right to Enforcement of Judgment › 25-13-105. Compelling repayment -- surety on appeal

25-13-105. Compelling repayment -- surety on appeal.
Whenever any surety on an undertaking on appeal, executed to stay proceedings upon a money judgment, pays the judgment, either with or without action, after its affirmation by the appellate court, the surety is substituted to the rights of the judgment creditor and is entitled to control, enforce, and satisfy the judgment in all respects as if the surety had recovered the judgment.
History: En. Sec. 1903, C. Civ. Proc. 1895; re-en. Sec. 7197, Rev. C. 1907; re-en. Sec. 9830, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1059; re-en. Sec. 9830, R.C.M. 1935; R.C.M. 1947, 93-8715; amd. Sec. 439, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 2. Method of Enforcement › 25-13-201. Judgments for money or possession of property

25-13-201. Judgments for money or possession of property.
When the judgment is for money or the possession of real or personal property, the judgment may be enforced by a writ of execution. If the judgment directs that the defendant be arrested, the execution may issue against the person of the judgment debtor after the return of an execution against the judgment debtor's property unsatisfied in whole or in part.
History: En. Sec. 213, p. 177, L. 1867; re-en. Sec. 254, p. 81, Cod. Stat. 1871; en. Sec. 305, p. 120, L. 1877; re-en. Sec. 305, 1st Div. Rev. Stat. 1879; re-en. Sec. 316, 1st Div. Comp. Stat. 1887; re-en. Sec. 1214, C. Civ. Proc. 1895; re-en. Sec. 6817, Rev. C. 1907; re-en. Sec. 9420, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 684; re-en. Sec. 9420, R.C.M. 1935; R.C.M. 1947, 93-5805(part); amd. Sec. 440, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 2. Method of Enforcement › 25-13-202. Judgments requiring the sale of property

25-13-202. Judgments requiring the sale of property.
When the judgment requires the sale of property, the same may be enforced by a writ reciting such judgment or the material parts thereof and directing the proper officer to execute the judgment by making the sale and applying the proceeds in conformity therewith.
History: En. Sec. 213, p. 177, L. 1867; re-en. Sec. 254, p. 81, Cod. Stat. 1871; en. Sec. 305, p. 120, L. 1877; re-en. Sec. 305, 1st Div. Rev. Stat. 1879; re-en. Sec. 316, 1st Div. Comp. Stat. 1887; re-en. Sec. 1214, C. Civ. Proc. 1895; re-en. Sec. 6817, Rev. C. 1907; re-en. Sec. 9420, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 684; re-en. Sec. 9420, R.C.M. 1935; R.C.M. 1947, 93-5805(part).
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 2. Method of Enforcement › 25-13-203. Judgments requiring the performance of specific acts

25-13-203. Judgments requiring the performance of specific acts.
(1) When the judgment requires the performance of any other act than those designated in 25-13-201 and 25-13-202, a certified copy of the judgment may be served upon the party against whom the same is rendered or upon the person or officer required thereby or by law to obey the same, and obedience thereto may be enforced by the court.
(2) 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 or levying officer, who may be a registered process server, 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: (1)En. Sec. 213, p. 177, L. 1867; re-en. Sec. 254, p. 81, Cod. Stat. 1871; en. Sec. 305, p. 120, L. 1877; re-en. Sec. 305, 1st Div. Rev. Stat. 1879; re-en. Sec. 316, 1st Div. Comp. Stat. 1887; re-en. Sec. 1214, C. Civ. Proc. 1895; re-en. Sec. 6817, Rev. C. 1907; re-en. Sec. 9420, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 684; re-en. Sec. 9420, R.C.M. 1935; Sec. 93-5805, R.C.M. 1947; (2)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; Sec. 93-4504, R.C.M. 1947; R.C.M. 1947, 93-4504(part), 93-5805(part); amd. Sec. 17, Ch. 548, L. 1987.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 2. Method of Enforcement › 25-13-204. Enforcement of order to pay money

25-13-204. Enforcement of order to pay money.
Whenever an order for the payment of a sum of money is made by a court or judge pursuant to the provisions of this code, it may be enforced by execution in the same manner as if it were a judgment.
History: En. Sec. 473, p. 166, L. 1877; re-en. Sec. 473, 1st Div. Rev. Stat. 1879; re-en. Sec. 486, 1st Div. Comp. Stat. 1887; re-en. Sec. 1825, C. Civ. Proc. 1895; re-en. Sec. 7144, Rev. C. 1907; re-en. Sec. 9777, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1007; re-en. Sec. 9777, R.C.M. 1935; R.C.M. 1947, 93-5806.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 2. Method of Enforcement › 25-13-205. Judgments against county or county officer

25-13-205. Judgments against county or county officer.
When a judgment is rendered against the county or against any county officer in an action prosecuted against the officer in the officer's name of office, when the judgment is to be paid by the county, execution may not issue upon the judgment, but the judgment must be paid in the same manner as other county charges. When collected, the judgment must be paid by the county treasurer to the proper person to whom the judgment is issued, upon the delivery of a proper voucher for payment.
History: En. Sec. 342, 5th Div. Rev. Stat. 1879; re-en. Sec. 751, 5th Div. Comp. Stat. 1887; amd. Sec. 4199, Pol. C. 1895; re-en. Sec. 2879, Rev. C. 1907; re-en. Sec. 4450, R.C.M. 1921; re-en. Sec. 4450, R.C.M. 1935; R.C.M. 1947, 16-811; amd. Sec. 441, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 2. Method of Enforcement › 25-13-211. Notification of seizure

25-13-211. Notification of seizure.
(1) After the sheriff or levying officer has executed upon the property of a judgment debtor, a notice of seizure must be served by the sheriff or levying officer upon the judgment debtor within 5 days of seizure. The notification must:
(a) inform the judgment debtor that certain described property or money of the judgment debtor's was seized to satisfy a judgment against the debtor;
(b) state the case name, the date of judgment, and the name of the judgment creditor;
(c) advise the judgment debtor that the judgment debtor may be entitled to claim an exemption from execution on the property as described in part 6 of this chapter or other provisions of state or federal law; and
(d) state the procedure by which the judgment debtor may claim an exemption and file a request for an exemption hearing.
(2) The notification may be made by personal service or by United States mail, postage prepaid, to the judgment debtor's last-known address. If service is by mail, service is completed on the date the sheriff or levying officer places the notification in the mail.
History: En. Sec. 1, Ch. 89, L. 1999.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 2. Method of Enforcement › 25-13-212. Claiming exemption -- process -- time for hearing

25-13-212. Claiming exemption -- process -- time for hearing.
(1) To claim an exemption from execution, a judgment debtor shall file a written request for a hearing with the court that issued the execution accompanied by a written statement that describes the property that the judgment debtor claims is exempt and the reasons for the claim that the property is exempt and accompanied by copies of any documentation upon which the judgment debtor is relying for the exemption claim. A copy of the request, statement, and any documentation must be mailed by the judgment debtor on the date of filing to the judgment creditor or the judgment creditor's attorney and to the sheriff or levying officer. The request, statement, and any documentation must be filed within 10 days, excluding weekends and holidays, of the date of:
(a) the judgment debtor's receipt of notification of execution if notification was by personal service; or
(b) the date notification was mailed to the judgment debtor pursuant to 25-13-211(2).
(2) If the judgment debtor does not file the request, statement, and any documentation claiming an exemption within the period provided for in subsection (1), the judgment debtor may not claim an exemption in the seized property.
(3) A court that receives a request for an exemption hearing, along with the statement and any documentation, shall conduct the hearing within 10 days, excluding weekends and holidays, from the date of receipt of the request.
(4) The court shall forward the order determining the judgment debtor's exemption claim to the sheriff or levying officer.
History: En. Sec. 2, Ch. 89, L. 1999; amd. Sec. 2, Ch. 457, L. 2007.
2023 Montana Code Annotated › Title 25. Civil Procedure › Chapter 13. Execution of Judgment › Part 2. Method of Enforcement › 25-13-213. Warrant of execution -- requirements -- penalties

25-13-213. Warrant of execution -- requirements -- penalties.
(1) If there is reason to believe that there is personal property subject to execution that is located in the judgment debtor's residence, the judgment creditor or the judgment creditor's attorney may file an application for a warrant of execution with the court.
(2) The application must be supported by an affidavit from the judgment creditor or the judgment creditor's attorney:
(a) stating that a writ of execution has been issued and returned unsatisfied in whole or in part;
(b) stating that the affiant has reason to believe that there is property subject to execution in the possession of the judgment debtor in the judgment debtor's residence;
(c) stating that there is no other property of the judgment debtor available for levy and execution; and
(d) describing the property sought and the place and the purpose of the execution.
(3) If the judge determines that reasonable cause exists, the judge may issue a warrant of execution authorizing the sheriff or levying officer to enter the residence and levy upon property subject to execution.
(4) A sheriff or levying officer may condition service of a writ of execution and levy on property located in an area other than the judgment debtor's residence upon the judgment creditor's securing a warrant of execution in accordance with subsection (1) when the sheriff or levying officer believes the area is subject to a reasonable expectation of privacy.
History: En. Sec. 3, Ch. 89, L. 1999.