Montana Statutes
§ 25-10-104 — When Costs Of Appeal Discretionary
Montana § 25-10-104
This text of Montana § 25-10-104 (When Costs Of Appeal Discretionary) 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. § 25-10-104 (2026).
Text
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 PostponementCite This Page — Counsel Stack
Bluebook (online)
Montana § 25-10-104, Counsel Stack Legal Research, https://law.counselstack.com/statute/mt/10/25-10-104.