Chapter 10 - Tender And Offer To Confess Judgment
CHAPTER 10 - TENDER AND OFFER TO CONFESS JUDGMENT
1-10-101. Tender of money before action.
Inan action on contract for the payment of money, if the defendant answers andproves that he tendered payment of the money due before commencement of theaction, and pays to the clerk before trial the money so tendered, the plaintiffshall not have judgment for more than the money so tendered and due, withoutcosts, and shall pay the defendant his costs.
1-10-102. Tender of payment other than money or performance of labor.
If,in an action on a contract for the payment of anything other than money or forthe performance of labor, the defendant answers that he did tender payment orperformance of the contract at such time and place, and in such things or laboras by the contract he was bound to pay or perform, and the court or jury findsthat he did tender as alleged in his pleading, they shall assess the value ofthe property or labor so tendered, and judgment shall be rendered in favor ofthe plaintiff for the value found, without interest or costs. If the defendantforthwith performs his contract, or gives to the plaintiff such assurance asthe court approves that he will perform within such time as the court directs,judgment shall be rendered for the defendant. If any article so tendered isperishable it shall, from the time of tender, be kept at the risk and expenseof the plaintiff, provided the defendant takes reasonable care of the same.
1-10-103. Offer to confess judgment before action brought.
Beforean action for recovery of money is brought against any person, he may go intothe court of competent jurisdiction in the county of his residence or thecounty in which the person having the cause of action resides, and offer toconfess judgment in favor of the claimant for a specified sum. If the claimant,having such notice as the court deems reasonable that the offer will be made,its amount, and the time and place of making it fails to attend and accept theconfession, or if he attends and refuses to accept it and afterwards commencesan action upon the cause and fails to recover more than the amount offered tobe confessed, with interest from the date of the offer, he shall pay all thecosts of the action.
1-10-104. Offer in court to confess for part of claim or causes.
Thedefendant in an action for the recovery of money may offer in court to confessjudgment for part of the amount claimed, or part of the causes involved in theaction. If the plaintiff, being present, refuses to accept such confession ofjudgment in full satisfaction of his demands in the action, or having had suchnotice as the court deems reasonable that the offer would be made, its amount,and the time of making it, fails to attend, and, on the trial, does not recovermore than was offered to be confessed, with interest from the date of theoffer, the plaintiff shall pay all costs of the defendant incurred after theoffer was made.
1-10-105. Offer to confess not to affect trial.
Anoffer to confess judgment is not an admission of the cause of action nor of theamount to which the plaintiff is entitled. It is not a cause of continuance ofthe action, or a postponement of the trial, and may not be offered or admittedin evidence or mentioned at the trial.
1-10-106. Applicability of confession of judgment provisions.
Theprovisions relating to confessions of judgment shall apply so far aspracticable to an offer made by the plaintiff, and in the discretion of thecourt, may be applied to one (1) or more of several causes of action,counterclaims, cross-claims or setoffs, and the court shall make such order asto costs as it deems proper.