Mont. Code Ann. » TITLE 25. CIVIL PROCEDURE · CHAPTER 9. JUDGMENT · Part 2. Contents of Judgment
Montana Code Annotated

Mont. Code Ann. § 25-9-204 (2026)

Clerk To Include Interest In Judgment

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 25
  3. CHAPTER 9
  4. Part 2
  5. 25-9-204 Clerk to include interest in judgment

TITLE 25. CIVIL PROCEDURE

CHAPTER 9. JUDGMENT

Part 2. Contents of Judgment

Clerk To Include Interest In Judgment

25-9-204. Clerk to include interest in judgment. The clerk shall include in the judgment entered up by the clerk any interest on the verdict or decision of the court, from the time it was rendered or made.

History: En. Sec. 482, p. 230, L. 1867; re-en. Sec. 558, p. 149, Cod. Stat. 1871; re-en. Sec. 500, p. 172, L. 1877; re-en. Sec. 500, 1st Div. Rev. Stat. 1879; re-en. Sec. 513, 1st Div. Comp. Stat. 1887; re-en. Sec. 1870, C. Civ. Proc. 1895; re-en. Sec. 7173, Rev. C. 1907; re-en. Sec. 9806, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1035; re-en. Sec. 9806, R.C.M. 1935; R.C.M. 1947, 93-8622(part); amd. Sec. 419, Ch. 56, L. 2009.

Notes of Decisions
Cited in 18 cases (1 in the last 5 years), 1980–2025 · leading case: Warrington v. G.F. Clinic, 2020 MT 174 (Mont. 2020).
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Warrington v. G.F. Clinic, 2020 MT 174 (Mont. 2020). · cites it 24× “2d 515, 519-20 (1980) (holding § 25-9-205, MCA, determines rate of interest required by § 25-9-204, MCA—rejecting assertion that -204 and -205 are unrelated but without explanation as to interplay).”
Williams v. Budke, 606 P.2d 515 (Mont. 1980). · cites it 9× “” Section 47-128, was amended in 1979, and recodified as section 25-9-204, MCA, and now provides in pertinent part: “.”
Tipp v. Skjelset, 1998 MT 263 (Mont. 1998). · cites it 9× “Indeed, the Montana Legislature has shown an intent to impose postjudgment interest on all valid judgments rendered in the courts of this state: Section 25-9-204, MCA, mandates that “[t]he clerk [of court] must include in the judgment entered up by him [or her] any interest on…”
McCulley v. U.S. Bank, 2015 MT 100 (Mont. 2015). · cites it 8× “Did the District Court err by ordering the accrual of post-judgment interest from the date of its order confirming the jury’s award of punitive damages? ¶58 Section 25-9-204, MCA, provides, the “clerk shall include in the judgment.”
Montana Petroleum Tank Release Comp. Bd. v. Crumleys, Inc., 2008 MT 2 (Mont. 2008). · cites it 2× “CONCLUSION ¶ 102 In conclusion, we hold that Title 75, Chapter 11, MCA, provides the Board with statutory authority to seek reimbursement of corrective action expenses through subrogation. Thus, the Board had the authority to enact Admin.”
In Re the Marriage of Thorner, 2008 MT 270 (Mont. 2008). · cites it 3× “¶48 Issue 4: Did the District Court err in ordering that Julie pay Ron interest on her obligation to Ron before the date it was due? ¶49 The District Court ordered that Julie pay to Ron the $51,990 required to accomplish an equitable distribution of the marital estate no later…”
Carriger v. Ballenger, 628 P.2d 1106 (Mont. 1981). · cites it 4× “Appellants argue that interest commences on the date of judgment pursuant to section 25-9-204, MCA. The court erred in applying section 27-1-211, MCA, to this case.”
Hulstine v. Lennox Indus., Inc., 2010 MT 180 (Mont. 2010). · cites it 16× “The District Court ruled that pursuant to § 27-1-211, MCA, interest began to accrue on the date of its entry of judgment, rather than when the jury entered its verdict, because the sum could not be made certain until the court determined the appropriate offset. On appeal,…”
Ellingson Agency, Inc. v. Baltrusch, 742 P.2d 1009 (Mont. 1987). · cites it 6× “In this case, Ellingson's damages were ascertainable on the date of breach, and it was entitled to interest thereon pursuant to § 27-1-211, MCA.”
Gendron v. Montana Univ. Sys., 2020 MT 82 (Mont. 2020). “When determining a party’s entitlement to post-judgment interest, we look to §§ 25-9-204 and -205, MCA. Tipp, ¶ 17. “Post-judgment interest is not merely awarded in the discretion of the court, but is a statutory right.”
Crystal Springs Trout Co. v. First State Bank, 736 P.2d 95 (Mont. 1987). · cites it 3× “Section 25-9-204, MCA. The second reason advanced by defendants-appellants for rehearing, that is, that proximate cause was not shown for the damages awarded, is part and parcel of the same argument.”
Sherner v. Nat'l Loss Control Servs. Corp., 2005 MT 284 (Mont. 2005). · cites it 2× “¶87 Substantially similar language is found in § 25-9-204, MCA, regarding the clerk’s duty to add interest to the judgment: Clerk to include interest in judgment.”
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