Montana Code Annotated 1995

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     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.
     (2) Judgment of dismissal without prejudice. Judgment that the action be dismissed without prejudice to a new action may be entered with costs against the plaintiff in the following cases:
     (a) when the plaintiff voluntarily dismissed the action, at or before the close of the plaintiff's evidence, when there is no counterclaim;
     (b) when the plaintiff fails to amend the complaint within the time allowed by the court;
     (c) when it is objected at the trial and appears by the evidence that the action is brought in the wrong county.
     (3) Judgment by confession. Judgment by confession must be as provided for in Title 27, chapter 9.
     (4) Judgment on pleadings. After the pleadings are closed but within a time as not to delay the trial, any party may move for judgment on the pleadings. If, on a motion for judgment on the pleadings, matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment and disposed of as provided in Rule 56, M.R.Civ.P. All parties must be given reasonable opportunity to present all material made pertinent to a motion by Rule 56, M.R.Civ.P.
     (5) Upon verdict. After a trial by jury, the judge shall enter judgment at once in conformity with the verdict.
     (6) After trial by judge. When the trial is by the judge, the judge shall enter judgment within 30 days.
     (7) By default. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules, the judge, upon written application or motion by the plaintiff, shall enter the default against the party. When a defendant has been defaulted for failure to appear and it is otherwise proper under these rules and the plaintiff's claim against the defendant is for a sum certain or for a sum that can by computation be made certain, the judge, upon the plaintiff's written request stating the amount due, shall enter judgment for that amount and costs against the defaulted defendant. In all cases the party entitled to a judgment of default shall apply to the court for the judgment. If in order to enable the court to enter judgment or to carry it into effect it is necessary to take an account or to determine the amount of damages, to establish the truth of any averment by evidence, or to make an investigation of any other matter, the court may conduct hearings or order references it considers necessary and proper and shall accord a right of trial by jury to the parties as required by statute.
     B. MULTIPLE DEFENDANTS. The court shall enter judgment only against those over whom it has obtained jurisdiction.

     History: En. Sup. Ct. Ord. February 9, 1990, eff. June 1, 1990; Rule 21C disapproved, Sec. 3, Ch. 285, L. 1991.

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