Mont. Code Ann. » TITLE 25. CIVIL PROCEDURE · CHAPTER 7. TRIALS · Part 1. Issues -- Mode of Trial
Montana Code Annotated

Mont. Code Ann. § 25-7-105 (2026)

Offer Of Settlement

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  1. MCA Contents
  2. TITLE 25
  3. CHAPTER 7
  4. Part 1
  5. 25-7-105 Offer of settlement

TITLE 25. CIVIL PROCEDURE

CHAPTER 7. TRIALS

Part 1. Issues -- Mode of Trial

Offer Of Settlement

25-7-105. Offer of settlement. (1) (a) At any time more than 60 days after service of the complaint and more than 30 days before a trial in district court begins, a party may serve upon the adverse party a written offer to settle a claim for the money or property or to the effect specified in the offer.

(b) At any time after commencement of an action and more than 10 days before a trial in a court of limited jurisdiction begins, a party may serve upon the adverse party a written offer to settle a claim for the money or property or to the effect specified in the offer.

(c) If within 10 days after the service of the offer, the adverse party serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service of the offer and notice of acceptance with the clerk of court and the court shall enter judgment. An offer not accepted is considered withdrawn and evidence of the offer is not admissible except in a proceeding to determine costs. If the final judgment is less favorable to the offeree than the offer, the offeree shall pay the costs incurred by the offeror after the offer was made. The fact that an offer is made but not accepted does not preclude a subsequent offer.

(2) When the liability of one party to another has been determined by verdict, order, or judgment, but the amount or extent of the liability remains to be determined by further proceedings, either party may make a written offer of settlement. The offer has the same effect as an offer before trial, and the applicable provisions of subsection (1) apply if the offer is served within a reasonable time not less than 10 days prior to the commencement of a hearing to determine the amount or extent of liability.

(3) For the purposes of this section, costs include reasonable attorney fees.

(4) This section applies only to an action or claim for which the amount contained in a pleading is $3 million or less, exclusive of costs, interest, and service charges, and the action or claim:

(a) arises from contract or breach of contract, other than a contract of insurance, bond, surety, or warranty; or

(b) involves real property.

History: En. Sec. 1, Ch. 529, L. 2001; amd. Sec. 1, Ch. 71, L. 2021; amd. Sec. 1, Ch. 452, L. 2023.

Notes of Decisions
Cited in 5 cases, 2009–2017 · leading case: Larsen v. Richardson, 2011 MT 195, 260 P.3d 103.
Sort: Relevance Newest Treatment
Larsen v. Richardson, 2011 MT 195, 260 P.3d 103. · cites it 21× “Did the District Court err in denying the Larsens’ request for attorney’s fees? ¶64 Following the District Court’s entry of its Findings of Fact and Conclusions of Law and Order, the Larsens filed a motion to assess attorney’s fees under § 25-7-105, MCA. This statute provides,…”
Bergum v. Musselshell Cnty., 2016 MT 47, 367 P.3d 353. · cites it 35× “Did the District Court err in denying Musselshell County its attorney fees under § 25-7-105, MCA? FACTUAL AND PROCEDURAL BACKGROUND ¶3 The controversy in this case centers on the disputed ownership of subsurface mineral rights to coal-rich land located in Musselshell County…”
Fox v. BHCC II, Inc., 2017 MT 218, 401 P.3d 705. · cites it 11× “¶16 The District Court ruled that Fox failed to prove that BHCC unreasonably interfered with is secondary easement; consequently, Fox was not entitled to damages.”
Stockwell v. Windham, 2009 MT 278. · cites it 22× “Stockwell then offered on August 13, 2007, to settle this dispute pursuant to § 25-7-105, MCA, for $1,513.00 (one cent less than the California judgments).”
Low v. Reick, 2016 MT 167, 376 P.3d 777. · cites it 6× “¶51 Section 25-7-105, MCA, provides, in relevant part: (1) At any time more than 60 days after service of the complaint and more than 30 days before the trial begins, any party may serve upon the adverse party a written offer to settle a claim for the money or property or to the…”
Mont. Code Ann. § 25-7-105(1): 4 cases
Larsen v. Richardson, 2011 MT 195, 260 P.3d 103. “Did the District Court err in denying the Larsens’ request for attorney’s fees? ¶64 Following the District Court’s entry of its Findings of Fact and Conclusions of Law and Order, the Larsens filed a motion to assess attorney’s fees under § 25-7-105, MCA. This statute provides,…”
Fox v. BHCC II, Inc., 2017 MT 218, 401 P.3d 705. “¶16 The District Court ruled that Fox failed to prove that BHCC unreasonably interfered with is secondary easement; consequently, Fox was not entitled to damages.”
Stockwell v. Windham, 2009 MT 278. “Stockwell then offered on August 13, 2007, to settle this dispute pursuant to § 25-7-105, MCA, for $1,513.00 (one cent less than the California judgments).”
Low v. Reick, 2016 MT 167, 376 P.3d 777. “¶51 Section 25-7-105, MCA, provides, in relevant part: (1) At any time more than 60 days after service of the complaint and more than 30 days before the trial begins, any party may serve upon the adverse party a written offer to settle a claim for the money or property or to the…”
Mont. Code Ann. § 25-7-105(2): 1 case
Stockwell v. Windham, 2009 MT 278. “Stockwell then offered on August 13, 2007, to settle this dispute pursuant to § 25-7-105, MCA, for $1,513.00 (one cent less than the California judgments).”
Mont. Code Ann. § 25-7-105(4): 2 cases
Larsen v. Richardson, 2011 MT 195, 260 P.3d 103. “Did the District Court err in denying the Larsens’ request for attorney’s fees? ¶64 Following the District Court’s entry of its Findings of Fact and Conclusions of Law and Order, the Larsens filed a motion to assess attorney’s fees under § 25-7-105, MCA. This statute provides,…”
Bergum v. Musselshell Cnty., 2016 MT 47, 367 P.3d 353. “Did the District Court err in denying Musselshell County its attorney fees under § 25-7-105, MCA? FACTUAL AND PROCEDURAL BACKGROUND ¶3 The controversy in this case centers on the disputed ownership of subsurface mineral rights to coal-rich land located in Musselshell County…”
Mont. Code Ann. § 25-7-105(4)(a): 1 case
Larsen v. Richardson, 2011 MT 195, 260 P.3d 103. “Did the District Court err in denying the Larsens’ request for attorney’s fees? ¶64 Following the District Court’s entry of its Findings of Fact and Conclusions of Law and Order, the Larsens filed a motion to assess attorney’s fees under § 25-7-105, MCA. This statute provides,…”
Mont. Code Ann. § 25-7-105(4)(b): 1 case
Larsen v. Richardson, 2011 MT 195, 260 P.3d 103. “Did the District Court err in denying the Larsens’ request for attorney’s fees? ¶64 Following the District Court’s entry of its Findings of Fact and Conclusions of Law and Order, the Larsens filed a motion to assess attorney’s fees under § 25-7-105, MCA. This statute provides,…”
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