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Civil procedure

res judicata and collateral estoppel

Res judicata is the generic term for a group of related concepts concerning the conclusive effects given final judgments. Within this general doctrine there are two principal categories: (1) claim preclusion—also known as res judicata; and (2) issue preclusion—also known as collateral estoppel.

These legal doctrines generally preclude litigants from relitigating claims and issues that were previously litigated to a final resolution or judgment.

In Montana, res judicata, or claim preclusion, prevents parties from relitigating a claim that has already been finally adjudicated by a competent court. Once a final judgment has been rendered, the same parties cannot bring an action on the same claim or any other claim arising from the same transaction that could have been brought in the first action. Issue preclusion, also known as collateral estoppel, bars the relitigation of factual or legal issues that were actually litigated and essential to the judgment in a prior action between the same parties. These principles are designed to promote judicial efficiency, respect court decisions, and protect parties from the burden of multiple lawsuits. Montana courts adhere to these doctrines to ensure that once a dispute is resolved, it remains settled, thereby providing certainty and finality to legal proceedings.

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Civil procedure

res judicata and collateral estoppel

Individual & Family Legal Plan

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Montana State Code

Montana State Code

Civil procedure

res judicata and collateral estoppel

Articles