Montana § 25-10-101 When Costs Allowed, Of Course, To Plaintiff

Montana Statutes

§ 25-10-101 — When Costs Allowed, Of Course, To Plaintiff

Montana § 25-10-101

Title 25CIVIL PROCEDURE

Ch. 10COSTS

Part 1Imposition of Costs

This text of Montana § 25-10-101 (When Costs Allowed, Of Course, To Plaintiff) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 25-10-101 (2026).

Text

25-10-101 . When costs allowed, of course, to plaintiff. Costs are allowed, of course, to the plaintiff upon a judgment in the plaintiff's favor in the following cases:

(1)in an action for the recovery of real property or damages to real property;

(2)in an action to recover the possession of personal property when the value of the property exceeds $50, with the value determined by the jury, court, or referee by whom the action is tried;

(3)in an action for the recovery of money or damages, exclusive of interest, when plaintiff recovers over $50;

(4)in a special proceeding;

(5)in an action that involves the title or possession or right of possession of real estate;

(6)in an action that involves the legality of any tax, impost, assessment, toll, or municipal fine;

(7)in quo warranto p

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25-10-101 . When costs allowed, of course, to plaintiff. Costs are allowed, of course, to the plaintiff upon a judgment in the plaintiff's favor in the following cases:
(1) in an action for the recovery of real property or damages to real property;
(2) in an action to recover the possession of personal property when the value of the property exceeds $50, with the value determined by the jury, court, or referee by whom the action is tried;
(3) in an action for the recovery of money or damages, exclusive of interest, when plaintiff recovers over $50;
(4) in a special proceeding;
(5) in an action that involves the title or possession or right of possession of real estate;
(6) in an action that involves the legality of any tax, impost, assessment, toll, or municipal fine;
(7) in quo warranto proceedings;
(8) in an action to foreclose a lien or pledge, to prevent or abate a nuisance, or for an injunction; or
(9) in an action for property damage arising out of the ownership, maintenance, or use of a motor vehicle if the plaintiff is entitled to attorney fees under 25-10-303 .

Legislative History

En. Sec. 401, p. 126, Bannack Stat.; re-en. Sec. 470, p. 229, L. 1867; re-en. Sec. 546, p. 147, Cod. Stat. 1871; re-en. Sec. 482, p. 168, L. 1877; re-en. Sec. 482, 1st Div. Rev. Stat. 1879; amd. Sec. 10, p. 11, L. 1881; re-en. Sec. 495, 1st Div. Comp. Stat. 1887; en. Sec. 1851, C. Civ. Proc. 1895; re-en. Sec. 7154, Rev. C. 1907; re-en. Sec. 9787, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1022; re-en. Sec. 9787, R.C.M. 1935; R.C.M. 1947, 93-8602; amd. Sec. 1, Ch. 528, L. 1981; amd. Sec. 424, Ch. 56, L. 2009.