Montana Code 3-15-205. Costs of impaneling jury
3-15-205. Costs of impaneling jury. (1) In 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 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, against any party.
Terms Used In Montana Code 3-15-205
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Continuance: Putting off of a hearing ot trial until a later time.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(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)(a) Except as provided in subsection (3)(b), costs collected under this section must be forwarded to the department of revenue for deposit in the state general fund.
(b)Costs collected under this section by the asbestos claims court provided for in 3-20-103 must be deposited in the asbestos claims administration fund provided for in 3-20-104.