Montana Statutes
§ 25-10-104 — When Costs Of Appeal Discretionary
25-10-104 . When costs of appeal discretionary.
(1)In the following cases, the costs of appeal are in the discretion of the court:
(a)when a new trial is ordered;
(b)when a judgment is modified.
(2)In all other cases, the successful party shall recover from the other party the successful party's costs.
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Legislative History
En. Sec. 406, p. 127, Bannack Stat.; amd. Sec. 475, p. 229, L. 1867; re-en. Sec. 551, p. 148, Cod. Stat. 1871; re-en. Sec. 487, p. 169, L. 1877; re-en. Sec. 487, 1st Div. Rev. Stat. 1879; re-en. Sec. 500, 1st Div. Comp. Stat. 1887; amd. Sec. 1855, C. Civ. Proc. 1895; re-en. Sec. 7158, Rev. C. 1907; re-en. Sec. 9791, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1027; re-en. Sec. 9791, R.C.M. 1935; R.C.M. 1947, 93-8606; amd. Sec. 426, Ch. 56, L. 2009.
Nearby Sections
15
§ 25-10-101
When Costs Allowed, Of Course, To Plaintiff§ 25-10-102
When Costs Allowed, Of Course, To Defendant§ 25-10-103
When Costs Discretionary§ 25-10-104
When Costs Of Appeal Discretionary§ 25-10-105
Costs Of Review Other Than By Appeal§ 25-10-106
Several Defendants Not United In Interest§ 25-10-201
Costs Generally Allowable§ 25-10-202
Costs Of Motion§ 25-10-203
Costs Of Postponement