2-9-317. No interest if judgment paid within two years -- exception. Except as provided in 18-1-404(1)(b), if a governmental entity pays a judgment within 2 years after the day on which the judgment is entered, no penalty or interest may be assessed against the governmental entity.
Montana Code Annotated
Mont. Code Ann. § 2-9-317 (2026)
No Interest If Judgment Paid Within Two Years -- Exception
✓ current as of May 2026
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TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION
CHAPTER 9. LIABILITY EXPOSURE AND INSURANCE COVERAGE
Part 3. Claims and Actions
No Interest If Judgment Paid Within Two Years -- Exception
History: En. 82-4335 by Sec. 10, Ch. 360, L. 1977; R.C.M. 1947, 82-4335(2); amd. Sec. 2, Ch. 508, L. 1997.
Notes of Decisions
Cited in 13
cases, 1982–2011 · leading case: Jacques v. Montana Nat'l Guard, 649 P.2d 1319 (Mont. 1982).
Jacques v. Montana Nat'l Guard, 649 P.2d 1319 (Mont. 1982). “In a cross-appeal plaintiff challenges the constitutionality of section 2-9-317, MCA, which exempts the State from paying interest on judgments for a two year period.”
Funke v. Est. of Shultz, 2009 MT 411 (Mont. 2009). “” The City pointed out the court had failed to apply §2-9-317, MCA. That statute provides: Except as provided in 18-l-404(l)(b), if a governmental entity pays a judgment within 2 years after the day on which the judgment is entered, no penalty or interest may be assessed *494…”
Weber v. State, 852 P.2d 117 (Mont. 1993). “Did the District Court err as a matter of law in eliminating interest on the judgment award pursuant to § 2-9-317, MCA? 2. Did the District Court err in assessing half the cost of the trial transcript on appeal to the State? This is the second appeal in this case.”
Story v. City of Bozeman, 856 P.2d 202 (Mont. 1993). “In its order on post-trial motions, the court amended the final judgment to preclude the accrual of interest against the City if the City paid the judgment within two years, pursuant to § 2-9-317, MCA. The District Court denied all other post-trial motions.”
Blanton v. Dept. of Pub. Health Servs., 2011 MT 110 (Mont. 2011). “The Department points to § 2-9-317, MCA, which provides that no interest shall be assessed against a governmental entity if the entity pays a judgment within two years after the day on which the judgment is entered.”
Masse v. State, Dept. of Highways, 664 P.2d 890 (Mont. 1983). “Section 2-9-317, MCA. Reversed and remanded for new trial.”
Blanton v. Dep't of Pub. Health & Human Servs., 2011 MT 110 (Mont. 2011). “The Department points to § 2-9-317, MCA, which provides that no interest shall be assessed against a governmental entity if the entity pays a judgment within two years after the day on which the judgment is entered.”
Albuquerque Commons P'ship v. City Council of Albuquerque, 2009 NMCA 65 (N.M. Ct. App. 2009). “” Mont.Code Ann. § 2-9-317 (1997). {56} None of the states with law comparable to New Mexico have addressed the specific question of post-judgment interest in a Section 1983 ease filed in state court.”
Alb. Commons P'ship v. City Council, 212 P.3d 1122 (N.M. Ct. App. 2009). “" Mont.Code Ann. § 2-9-317 (1997). {56} None of the states with law comparable to New Mexico have addressed the specific question of post-judgment interest in a Section 1983 case filed in state court.”
Funke v. City of Polson, 2009 MT 411 (Mont. 2009). “” The City pointed out the court had failed to apply § 2-9-317, MCA. That statute provides: Except as provided in 18-1-404(1)(b), if a governmental entity pays a judgment within 2 years after the day on which the judgment is entered, no penalty or interest may be assessed…”
Funke v. City of Polson, 2009 MT 411 (Mont. 2009). “” The City pointed out the court had failed to apply § 2-9-317, MCA. That statute provides: Except as provided in 18-1-404(1)(b), if a governmental entity pays a judgment within 2 years after the day on which the judgment is entered, no penalty or interest may be assessed…”
Batoon v. City of Conrad, 1998 MT 313N (Mont. 1998). “Specifically, the City contends that the District Court's award of interest for the first two years after the entry of judgment, is in direct contravention of § 2-9-317, MCA, which provides that "[e]xcept as provided in 18-1-404(1)(b), if a governmental entity pays a judgment…”
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