Title 25, Title 25

Before the first ballot shall have been drawn, the box must be closed and well shaken so as to thoroughly mix the ballots therein. The district judge or the jury commissioner must draw at random a ballot with the juror's name thereon. Upon stipulation of counsel, the court may or…

The first 12 persons, or such other number as will constitute the jury, who appear, as their names are drawn and called, and are approved as indifferent between the parties and not discharged or excused must be sworn and constitute the jury to try the issue.

(1) If a sufficient number of jurors drawn and notified do not attend to form a jury, the judge or the jury commissioner, pursuant to an order of the court to be entered in the minutes, shall, in the presence of two witnesses, draw a sufficient number of ballots from the box to c…

As soon as the jury is completed, an oath must be administered to the jurors, in substance, that they and each of them will well and truly try the matter in issue between ...., the plaintiff, and ...., the defendant, and render a true verdict according to the evidence.

The ballots with the names of the jurors so sworn must be then deposited in another box and there kept apart from the other ballots with the names of jurors until that jury is discharged. After the jury is discharged, the ballots with the names of the jurors thereon must be retur…

The ballot with the name of a juror who is absent when the juror's name is drawn or called or is set aside or excused from serving on that trial must be again returned to the box containing the undrawn ballots as soon as the jury is sworn.

(1) Each party may challenge the jury or jurors as follows: (a) the panel or array; (b) for cause; (c) peremptory. (2) Challenges to individual jurors are for cause or peremptory.

(1) A challenge to the array or panel may be made and the whole array or panel set aside by the court when the jury was not selected, drawn, summoned, or notified as prescribed by law. It is not a valid objection to a jury that it contains none of the jurors originally returned t…

Challenges for cause may be taken on one or more of the following grounds: (1) a want of any of the qualifications prescribed by this code to render a person competent as a juror; (2) being the spouse of or related to a party by consanguinity or affinity within the sixth degree; …

(1) Each party is entitled to four peremptory challenges, except as provided for under subsection (2). (2) When a six-person jury is authorized by law, each side shall have two peremptory challenges. When the parties agree upon a jury consisting of a number of persons other than …

When the jury has been sworn, the trial must proceed in the following order unless the court, for good cause and special reason, otherwise directs: (1) The party who has the burden of proof may briefly state the party's case and the evidence by which the party expects to sustain …

Where, upon the trial of an issue by a jury, the case presents only questions of law, the judge may direct the jury to render a verdict in favor of the party entitled thereto.

While the jury is absent, the court may adjourn from time to time in respect to other business, but it is nevertheless open for every purpose connected with the case submitted to the jury until a verdict is rendered or the jury discharged. The court may direct the jury to bring i…

If, after the impaneling of the jury and before verdict, a juror becomes sick and is unable to perform the juror's duty, the court may order the juror to be discharged. In that case, subject to the provisions of Rule 47(c), M.R.Civ.P., the trial may proceed with the other jurors …

In all cases where the jury is discharged or prevented from giving a verdict by reason of accident or other cause during the progress of the trial or after the case is submitted to it, the action may be again tried immediately or at a future time, as the court may direct.

When, in the opinion of the court, it is proper for the jury to have a view of the property which is the subject of litigation or of the place at which any material fact occurred, it may order the jurors to be conducted in a body, under the charge of an officer and one person rep…

If the jurors are permitted to separate, either during the trial or after the case is submitted to them, they shall be admonished by the court that it is their duty not to converse with or suffer themselves to be addressed by any other person on any subject of the trial and that …

When the case is finally submitted to the jury, it may decide in court or retire for deliberation. If the jurors retire, they must be kept together in some convenient place, under charge of an officer, until at least two-thirds of them agree upon a verdict or are discharged by th…

Upon retiring for deliberation, the jurors may take with them all papers which have been received as evidence in the cause except depositions or copies of such papers as ought not, in the opinion of the court, to be taken from the person having them in possession. They may also t…

After the jury has retired for deliberation, if there be a disagreement among the jurors as to any part of the testimony or if they desire to be informed of any point of law arising in the cause, they may require the officer to conduct them into court. Upon their being brought in…

(1) When the jurors or two-thirds of them have agreed upon a verdict, they must be conducted into court, their names must be called by the clerk, and the verdict must be rendered by the lead juror. The verdict must be in writing and signed by the lead juror and must be read by th…

When a verdict is found for the plaintiff in an action for the recovery of money or for the defendant when a counterclaim for the recovery of money is established exceeding the amount of the plaintiff's claim as established, the jury must also find the amount of the recovery.

In an action for the recovery of specific personal property, if the property has not been delivered to the plaintiff or if the defendant, by the defendant's answer, claims a return of the property, the jury, if the verdict is in favor of the plaintiff or if the verdict is in favo…

The findings of fact may be waived by the several parties to an issue of fact by: (1) failing to appear at the trial; (2) consent in writing filed with the clerk; (3) oral consent in open court entered in the minutes.

When any cause is tried and submitted upon a written statement of facts agreed to by the parties or their attorneys, such statement shall have the effect of a special verdict or finding of facts and judgment shall be pronounced thereon as upon a special verdict or finding of fact…

Each referee, before acting, shall take and subscribe an oath or affirmation before some authorized officer, which must be filed with the clerk of the court that appointed the referee, that the referee will honestly, impartially, and faithfully perform the duties of referee in th…

Either party may object to the appointment of any person as referee on the same grounds that the party might object to the person as a trial juror, as provided in 25-7-223.

The objections taken to the appointment of any person as referee must be heard and disposed of by the court. Affidavits may be read and witnesses examined as to such objections.

When it is admitted by the pleading or shown upon the examination of a party that the party has in the party's possession or under the party's control any money or other thing capable of delivery that, being the subject of the litigation, is held by the party as trustee for anoth…

Where the court directs a deposit or delivery of money or where a judgment directs a party to make a deposit or delivery or to convey real property, if the direction is disobeyed, the court, besides punishing the disobedience as a contempt, may by order require the sheriff to tak…

(1) Whenever money is paid into or deposited in court, the money must be delivered to the clerk in person or to the clerk's deputies who are specially authorized by the deputy's appointment in writing to receive the money. The clerk or deputy shall, unless otherwise directed by l…

The treasurer shall keep each fund distinct and open an account for each fund. For the safekeeping of the money deposited with the treasurer, the treasurer's official bond is security.

In every case, judgment must be rendered on the merits, except as provided in 25-1-104 and Rule 41, M.R.Civ.P.

Judgment for or against a married person may be rendered and enforced as if such person were single.

If a party dies after a verdict or decision upon any issue of fact and before judgment, the court may nevertheless render judgment. The judgment is not a lien on the real property of the deceased party but is payable in the course of administration on the deceased party's estate.

On a judgment for the plaintiff upon an issue of law, the plaintiff may proceed in the manner prescribed by Rule 55(a) and (b), M.R.Civ.P., upon the failure of the defendant to answer. If judgment is for the defendant upon an issue of law and the taking of an account or the proof…

Any judgment or decree of any court of this state affecting real property, provided that no action is now pending to set aside any such judgment or decree, which was, prior to January 1, 1973, copied into the proper book kept in the office of the clerk of the district court, and …

Subject to the provisions of Rule 54(b), M.R.Civ.P., judgment may be given for or against one or more of several plaintiffs and for or against one or more of several defendants, and it may, when the justice of the case requires, determine the ultimate rights of the parties on eac…

Upon the rendition of any judgment, if it shall be shown that one or more of the defendants against whom the judgment is to be rendered are principal debtors and others of the said defendants are sureties of such principal debtor, the court may order the judgment so to state.

In judgments, the amount thereof must be computed and stated as near as may be in dollars and cents, rejecting fractions of a cent.

The clerk shall include in the judgment entered up by the clerk any interest on the verdict or decision of the court, from the time it was rendered or made.

(1) (a) Except as provided in subsection (2), interest is payable on judgments recovered in the courts of this state and on the cost incurred to obtain or enforce a judgment at a rate equal to the rate for bank prime loans published by the federal reserve system in its statistica…

(1) Immediately after the entry of the judgment in the judgment book, the clerk shall make entries of the judgment under appropriate heads in the docket kept by the clerk. (2) From the time the judgment is docketed, it becomes a lien upon all real property of the judgment debtor …

(1) A transcript of the original docket, certified by the clerk, may be filed with the district court clerk of any other county. From the time of the filing, the judgment becomes a lien upon all real property of the judgment debtor that is not exempt from execution in that county…

(1) A transcript of the original docket of a judgment that is rendered in the circuit or district court of the United States, ninth circuit, district of Montana, and that is certified by the clerk of court may be filed with the district court clerk of any county. From the time of…

Satisfaction of a judgment may be entered in the clerk's docket upon an execution returned satisfied or upon an acknowledgment of satisfaction filed with the clerk, made in the manner of an acknowledgment of a conveyance of real property by the judgment creditor or by the judgmen…