House Bill No. 251
Introduced By holland, molnar, ahner, beaudry, wells, jore
A Bill for an Act entitled: An Act providing that in civil actions, the court may assess the reasonable public expenses of impaneling the jury if the court or the jury determines the case of a party to be frivolous or maintained for purposes of harassment; and amending section 3-15-205, MCA.
Be it enacted by the Legislature of the State of Montana:
Section 1. Section 3-15-205, MCA, is amended to read:
"3-15-205. Costs of impaneling jury
after settlement reached. (1) In any a civil action before a court of record in which
the parties substantially agree to a settlement of the issues prior to impanelment of the jury and either settle the action or
stipulate to a continuance , and then fail or refuse to inform the court or clerk of court of such the settlement or request a
continuance and a jury is impaneled, the court may, upon hearing, assess the reasonable public expenses of impaneling the
jury, including jury fees and mileage expenses paid or owing under 3-15-201 and such other costs as may have been
incurred by the court, against any party.
(2) In civil actions, the court may assess against a party the reasonable public expenses of impaneling a jury, including jury fees and mileage expenses paid or owing under 3-15-201, if the court on an issue of law or the jury on an issue of fact determines that the party's case is frivolous or maintained for purposes of harassment. The court shall instruct the jury regarding the provisions of this subsection.
(3) Costs collected under this section
shall must be deposited in the county general fund unless the county has a district
court fund. If the county has a district court fund, the costs must be deposited in such the district court fund."