Montana Statutes

§ Rule 21 — Entry Of Judgment

Montana·Title 25 CIVIL PROCEDURE·Ch. 23 MONTANA JUSTICE AND CITY COURT RULES OF CIVIL PROCEDURE·Part 1 Rules

Rule 21 . Entry of judgment. A. GROUNDS. A judge shall enter judgment in the docket of the court in the following circumstances:

(1)Offer to compromise before trial. If the defendant, at any time before the trial, offers in writing to allow judgment to be taken against the defendant for a specified sum, the plaintiff may immediately have judgment therefor, with the costs then accrued. However, if the plaintiff does not accept the offer before the trial and fails to recover in the action a sum in excess of the offer, the plaintiff cannot recover costs. In such a case, costs must be adjudged against the plaintiff and, if the plaintiff recovers, be deducted from the plaintiff's recovery. The offer and failure to accept may not be given in evidence or affect the recovery except as to costs. (

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Legislative History

En. Sup. Ct. Ord. February 9, 1990, eff. June 1, 1990; Rule 21C disapproved, Sec. 3, Ch. 285, L. 1991; amd. Sup. Ct. Ord. June 24, 1997, eff. Oct. 1, 1997.

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