Wallace v. Hayes

Summary

The Montana Supreme Court reversed an order renewing a 2004 judgment because the judgment creditor sought renewal by motion rather than by filing a separate action. The court held that reversal did not entitle Wallace to relitigate the merits or obtain a hearing on challenges to the original judgment, which were barred by res judicata. The memorandum opinion is nonciteable under the Montana Supreme Court’s Internal Operating Rules.

Holdings

1. A judgment cannot be renewed on a party's motion; extending a judgment beyond its ten-year duration requires filing a separate action to obtain a judgment on the judgment.
2. Reversal of the improper renewal order did not entitle Wallace to a hearing on the validity or merits of the original judgment; those arguments were settled as res judicata.

Questions Presented

1. Whether a judgment may be renewed by motion rather than through a separate action to obtain a judgment on the judgment.
2. Whether reversal of the renewal order entitled Wallace to a hearing on the validity or merits of the original judgment.

Disposition

reversed