1-3-207. Acquiescence. Acquiescence in error takes away the right of objecting to it.
Montana Code Annotated
Mont. Code Ann. § 1-3-207 (2026)
Acquiescence
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TITLE 1. GENERAL LAWS AND DEFINITIONS
CHAPTER 3. MAXIMS OF JURISPRUDENCE
Part 2. Text of Maxims
Acquiescence
History: En. Sec. 4607, Civ. C. 1895; re-en. Sec. 6184, Rev. C. 1907; re-en. Sec. 8745, R.C.M. 1921; Cal. Civ. C. Sec. 3516; Field Civ. C. Sec. 1971; re-en. Sec. 8745, R.C.M. 1935; R.C.M. 1947, 49-108.
Notes of Decisions
Cited in 30
cases, 1994–2020 · leading case: State v. Holt, 2011 MT 42, 249 P.3d 470.
State v. Holt, 2011 MT 42, 249 P.3d 470. “The District Court did not impose any registration requirement as part of the burglary sentence.”
State v. Jackson, 2009 MT 427, 221 P.3d 1213. “Did the District Court abuse its discretion by denying Jackson's request to show a witness a scar on his abdomen at trial? ¶ 64 On the night of the incident, Jackson obtained a scar on the side of his abdomen.”
City of Kalispell v. Salsgiver, 2019 MT 126, 443 P.3d 504. “We held that, in such situations, we generally "will not put a district court in error for an action in which the appealing party acquiesced or actively participated" and concluded that the defendant waived his right to appeal the issue because he "affirmatively agreed to the…”
Weaver v. State, 2013 MT 247, 310 P.3d 495. “3d 993 )); §1-3-207, MCA. The State does not cite any instance in the record where it objected to the Weavers’ failure to present sufficient evidence on the standard of care.”
Green v. Gerber Stockton Oil, 2013 MT 35, 303 P.3d 729. “3d 1064 , quoting § 1-3-207, MCA, “it is a well-established maxim of law that ‘acquiescence in error takes away the right of objecting to it.”
Babcock Place Ltd. P'ship v. Berg, Lilly, Andriolo & Tollefsen, P.C., 2003 MT 111, 69 P.3d 1145. “This being so, I would conclude that Babcock is in no position to now sue its own law firm for malpractice for the way it drafted an agreement which Babcock, being a sophisticated buyer of real estate, evidently understood and still signed.”
State v. Malloy, 2004 MT 377, 103 P.3d 1064. “” Section 1-3-207, MCA. ¶12 With respect to the remaining conditions, Malloy argues the purpose of the law regarding registration of sexual offenders is to give people in the state notice of where sexual offenders are residing and the conditions imposed go far beyond that…”
State v. LaDue, 2001 MT 47, 20 P.3d 775. “Here, given the court’s exclusion of the two additional witnesses sought by LaDue, he could have sought to recall Dobb in an attempt to impeach her, but made no effort to do so. Moreover, he failed to correct the statement of the court wherein the court appeared to assert that…”
State v. Brown, 1999 MT 339, 993 P.2d 672. “If any inference of guilt existed, Brown acquiesced in it and tried to take full advantage of it at trial.”
Fennessy v. Dorrington, 2001 MT 204, 32 P.3d 1250. “Having insisted on the court holding the hearing on the merits of Dorrington's motion before the expiration of Fennessy's time to respond, he should not now be heard to complain of error where the District Judge did exactly what Fennessy asked him to do. ¶ 20 Additionally, I…”
State v. Dethman, 2010 MT 268, 245 P.3d 30. “13, we should conduct plain error review for a litany of reasons, none of which we deem compelling.”
State v. Gardner, 2003 MT 338, 80 P.3d 1262. “3d 775, ¶ 23 ; § 1-3-207, MCA. This Court “will not hold a district court in error when it has not been given an opportunity to correct itself.”
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