3-15-205. Costs of impaneling jury. - Montana Statutes

     3-15-205. (Temporary) 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.
     (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 must be forwarded to the department of revenue for deposit in the state general fund. (Effective on occurrence of contingency)
     3-15-205. (Effective on occurrence of contingency) . 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.
     (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.

     History: En. Sec. 1, Ch. 299, L. 1981; amd. Sec. 3, Ch. 66, L. 1985; amd. Sec. 1, Ch. 356, L. 1997; amd. Sec. 47, Ch. 257, L. 2001; amd. Sec. 10, Ch. 473, L. 2001; amd. Sec. 20, Ch. 585, L. 2001.