Montana Code Annotated

Mont. Code Ann. § 1-3-207 (2026)

Acquiescence

✓ laws through the 2025 session (checked Sept. 2026)
Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

TITLE 1. GENERAL LAWS AND DEFINITIONS

CHAPTER 3. MAXIMS OF JURISPRUDENCE

Part 2. Text of Maxims

Acquiescence

1-3-207. Acquiescence. Acquiescence in error takes away the right of objecting to it.

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. · cites it 12× “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. · cites it 4× “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. · cites it 4× “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. · cites it 5× “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. · cites it 4× “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. · cites it 6× “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. · cites it 3× “” 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. · cites it 3× “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. · cites it 6× “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. · cites it 4× “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. · cites it 2× “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. · cites it 2× “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.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.