Mont. Code Ann. » TITLE 25. CIVIL PROCEDURE · CHAPTER 10. COSTS · Part 1. Imposition of Costs
Montana Code Annotated

Mont. Code Ann. § 25-10-101 (2026)

When Costs Allowed, Of Course, To Plaintiff

✓ current as of May 2026
Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
  1. MCA Contents
  2. TITLE 25
  3. CHAPTER 10
  4. Part 1
  5. 25-10-101 When costs allowed, of course, to plaintiff

TITLE 25. CIVIL PROCEDURE

CHAPTER 10. COSTS

Part 1. Imposition of Costs

When Costs Allowed, Of Course, To Plaintiff

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.

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.

Notes of Decisions
Cited in 44 cases (1 in the last 5 years), 1979–2021 · leading case: Neal v. State, 2003 MT 53 (Mont. 2003).
Sort: Relevance Newest Treatment
Neal v. State, 2003 MT 53 (Mont. 2003). · cites it 30× “DISCUSSION ¶5 Did the District Court err when it denied Neal’s request for costs following his successful challenge to the suspension of his driver’s license? ¶6 Neal argues that as the prevailing plaintiff in a lawsuit, he is entitled to costs under § 25-10-101, MCA. Section…”
Davis v. Jefferson Cnty. Election Off., 2018 MT 32 (Mont. 2018). · cites it 13× “Did the District Court err in concluding that the Elected Officers were not entitled to their costs from Nemeth under § 25-10-101(8), MCA ? FACTUAL AND PROCEDURAL BACKGROUND ¶ 2 In April 2016, Davis was the mayor of Whitehall, Montana, and the Town Council consisted of six…”
Total Indus. Plant Servs., Inc. v. Turner Indus. Grp., LLC., 2013 MT 5 (Mont. 2013). · cites it 12× “One of the “actions” mentioned in § 25-10-101, MCA, is “an action for the recovery of money or damages, exclusive of interest, when a plaintiff recovers over $50.”
Medhus v. Dutter, 603 P.2d 669 (Mont. 1979). · cites it 8× “Respondents had requested the fence be moved as part of their counterclaim. The judgment thus found in favor of both parties to the law suit on different issues involved in the case.”
In Re the Est. of Lande, 1999 MT 179 (Mont. 1999). · cites it 11× “Section 25-10-101, MCA, addresses when costs are allowed as a matter of course to a plaintiff upon a judgment in his or her favor; such situations include, in subsection (3), *282 costs in an action for the recovery of money or damages when the plaintiff recovers over $50 and,…”
Benintendi v. Hein, 2011 MT 298 (Mont. 2011). · cites it 10× “” ¶27 B&P argue that while an award of attorney fees is discretionary, they are entitled to costs under §25-10-101, MCA, which provides: ‘Costs are allowed, of course, to the plaintiff upon a judgment in the *38 plaintiffs favor in the following cases: (1) in an action for the…”
Ehly v. Cady, 687 P.2d 687 (Mont. 1984). · cites it 6× “Prejudgment interest should be 6 percent per annum, according to section 31-1-106, MCA, and interest on the judgment should be 10 percent per annum, according to section 25-9-205, MCA.”
Kearney v. KXLF Commc'ns, Inc., 869 P.2d 772 (Mont. 1994). · cites it 7× “We adopted the rule that if a plaintiff files a complaint in an action covered by § 25-10-101, MCA, and succeeds only partially, the plaintiff is entitled to costs.”
Rolison v. Bozeman Deaconess Health Servs., Inc., 2005 MT 95 (Mont. 2005). · cites it 3× “Finally, a district court’s application of either §§ 25-10-101 and -102, MCA, or a different standard in determining whether a party is entitled to costs constitutes a question of law, and we review a district court’s interpretation and application of the law for correctness.”
Smith v. Johnson, 798 P.2d 106 (Mont. 1990). · cites it 7× “Section 25-10-101(5), MCA, provides that “Costs are allowed, of course, to the plaintiff upon a judgment in his favor.”
Est. of Gleason v. Cent. United Life Ins., 2015 MT 140 (Mont. 2015). · cites it 3× “Section 25-10-101(3), MCA. Conversely, when judgment is in the defendant’s favor costs must be allowed to the defendant.”
Carroccia v. Todd, 615 P.2d 225 (Mont. 1980). · cites it 6× “Section 25-10-101(3), MCA, expressly provides costs, as of course, in actions in which plaintiff recovers money or damages exceeding $50.”
Show all 44 citing cases →
Mont. Code Ann. § 25-10-101(2): 1 case
Neal v. State, 2003 MT 53 (Mont. 2003). “DISCUSSION ¶5 Did the District Court err when it denied Neal’s request for costs following his successful challenge to the suspension of his driver’s license? ¶6 Neal argues that as the prevailing plaintiff in a lawsuit, he is entitled to costs under § 25-10-101, MCA. Section…”
Mont. Code Ann. § 25-10-101(3): 15 cases
Total Indus. Plant Servs., Inc. v. Turner Indus. Grp., LLC., 2013 MT 5 (Mont. 2013). “One of the “actions” mentioned in § 25-10-101, MCA, is “an action for the recovery of money or damages, exclusive of interest, when a plaintiff recovers over $50.”
Est. of Gleason v. Cent. United Life Ins., 2015 MT 140 (Mont. 2015). “Section 25-10-101(3), MCA. Conversely, when judgment is in the defendant’s favor costs must be allowed to the defendant.”
Carroccia v. Todd, 615 P.2d 225 (Mont. 1980). “Section 25-10-101(3), MCA, expressly provides costs, as of course, in actions in which plaintiff recovers money or damages exceeding $50.”
S & P Brake Supply, Inc. v. STEMCO LP, 2016 MT 324 (Mont. 2016).
Winter v. State Farm Mut. Auto. Ins., 2014 MT 168 (Mont. 2014).
Mont. Code Ann. § 25-10-101(4): 2 cases
Neal v. State, 2003 MT 53 (Mont. 2003). “DISCUSSION ¶5 Did the District Court err when it denied Neal’s request for costs following his successful challenge to the suspension of his driver’s license? ¶6 Neal argues that as the prevailing plaintiff in a lawsuit, he is entitled to costs under § 25-10-101, MCA. Section…”
In Re the Est. of Lande, 1999 MT 179 (Mont. 1999). “Section 25-10-101, MCA, addresses when costs are allowed as a matter of course to a plaintiff upon a judgment in his or her favor; such situations include, in subsection (3), *282 costs in an action for the recovery of money or damages when the plaintiff recovers over $50 and,…”
Mont. Code Ann. § 25-10-101(5): 5 cases
Smith v. Johnson, 798 P.2d 106 (Mont. 1990). “Section 25-10-101(5), MCA, provides that “Costs are allowed, of course, to the plaintiff upon a judgment in his favor.”
Quigley v. Acker, 1998 MT 72 (Mont. 1998).
Montana Dep't of Nat. Resources & Conservation v. Abbco Investments, LLC, 2012 MT 187 (Mont. 2012).
Stimatz v. State, 615 P.2d 228 (Mont. 1980).
Dnrc v. Abbco, 2012 MT 187 (Mont. 2012).
Mont. Code Ann. § 25-10-101(6): 1 case
Walker v. Warner, 740 P.2d 1147 (Mont. 1987).
Mont. Code Ann. § 25-10-101(7): 1 case
Valeo v. Tabish, 1999 MT 146 (Mont. 1999).
Mont. Code Ann. § 25-10-101(8): 2 cases
Davis v. Jefferson Cnty. Election Off., 2018 MT 32 (Mont. 2018). “Did the District Court err in concluding that the Elected Officers were not entitled to their costs from Nemeth under § 25-10-101(8), MCA ? FACTUAL AND PROCEDURAL BACKGROUND ¶ 2 In April 2016, Davis was the mayor of Whitehall, Montana, and the Town Council consisted of six…”
Shelter Valley v. Russell, 2021 MT 79N (Mont. 2021).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.