28 U.S.C.A. § 1961 provides in part that interest shall be allowed on any money judgment in a civil case recovered in a district court. Such interest would continue to accrue throughout an appeal that was later affirmed.
Montana Motion for Interest on an Affirmed Judgment of a Federal District Court is a legal process that allows a party to request the court to award interest on a judgment that has been affirmed by a higher court. This motion is typically filed in Montana state courts when a federal district court judgment is upheld on appeal, and the requesting party seeks compensation for any delay in receiving the monetary award. Keywords: Montana, Motion for Interest, Affirmed Judgment, Federal District Court, interest award, higher court, appeal, delay, compensation. Different Types of Montana Motion for Interest on an Affirmed Judgment of a Federal District Court: 1. Prejudgment interest motion: This type of motion is filed before the judgment is affirmed by a higher court, but in anticipation that the judgment will be upheld. It seeks to secure interest on the judgment amount from the time the lawsuit is filed until the judgment is entered. 2. Post-judgment interest motion: Filed after the judgment is affirmed by the higher court, this motion requests the court to award interest on the judgment amount for the period following the entry of the judgment until the date of payment or satisfaction. 3. Total interest motion: This type of motion aims to secure both prejudgment and post-judgment interest on the affirmed judgment. It seeks to compensate the prevailing party for the delay in receiving the monetary award, taking into account the time period from the filing of the lawsuit until payment is made. 4. Statutory interest motion: In some cases, the requesting party may rely on a specific statute that provides for a predetermined interest rate on the judgment amount. This motion asks the court to apply the statutory rate when awarding interest. 5. Discretionary interest motion: Sometimes, parties may request the court to exercise its discretion in determining the appropriate interest rate to be awarded. This type of motion highlights specific circumstances that warrant a higher or lower interest rate than what might be provided by statute. Overall, the Montana Motion for Interest on an Affirmed Judgment of a Federal District Court serves as a mechanism for the prevailing party to seek fair and just compensation for the delay in receiving a monetary award. It is crucial to adhere to the relevant court procedures and provide clear and persuasive arguments supported by evidence in order to increase the chances of a successful motion.
