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68th Legislature 2023 SB 279.1
1 SENATE BILL NO. 279
2 INTRODUCED BY S. FITZPATRICK
3
4 A BILL FOR AN ACT ENTITLED: “AN ACT REVISING THE APPLICABILITY OF OFFER OF SETTLEMENT
5 LAW TO ACTIONS OR CLAIMS FOR $3 MILLION; AND AMENDING SECTION 25-7-105, MCA.”
6
7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
8
9 Section 1. Section 25-7-105, MCA, is amended to read:
10 "25-7-105. Offer of settlement. (1) (a) At any time more than 60 days after service of the complaint
11 and more than 30 days before a trial in district court begins, a party may serve upon the adverse party a written
12 offer to settle a claim for the money or property or to the effect specified in the offer.
13 (b) At any time after commencement of an action and more than 10 days before a trial in a court of
14 limited jurisdiction begins, a party may serve upon the adverse party a written offer to settle a claim for the
15 money or property or to the effect specified in the offer.
16 (c) If within 10 days after the service of the offer, the adverse party serves written notice that the
17 offer is accepted, either party may then file the offer and notice of acceptance together with proof of service of
18 the offer and notice of acceptance with the clerk of court and the court shall enter judgment. An offer not
19 accepted is considered withdrawn and evidence of the offer is not admissible except in a proceeding to
20 determine costs. If the final judgment is less favorable to the offeree than the offer, the offeree shall pay the
21 costs incurred by the offeror after the offer was made. The fact that an offer is made but not accepted does not
22 preclude a subsequent offer.
23 (2) When the liability of one party to another has been determined by verdict, order, or judgment,
24 but the amount or extent of the liability remains to be determined by further proceedings, either party may make
25 a written offer of settlement. The offer has the same effect as an offer before trial, and the applicable provisions
26 of subsection (1) apply if the offer is served within a reasonable time not less than 10 days prior to the
27 commencement of a hearing to determine the amount or extent of liability.
28 (3) For the purposes of this section, costs include reasonable attorney fees.
-1- Authorized Print Version – SB 279
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68th Legislature 2023 SB 279.1
1 (4) This section applies only to an action or claim for which the amount contained in a pleading is
2 $50,000 $3 million or less, exclusive of costs, interest, and service charges, and the action or claim:
3 (a) arises from contract or breach of contract, other than a contract of insurance, bond, surety, or
4 warranty; or
5 (b) involves real property."
6 - END -
-2- Authorized Print Version – SB 279


Statutes affected:
SB0279_1.pdf: 25-7-105
SB0279_X.pdf: 25-7-105
Enrolled: 25-7-105
Introduced: 25-7-105