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

Mont. Code Ann. § 25-10-102 (2026)

When Costs Allowed, Of Course, To Defendant

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  1. MCA Contents
  2. TITLE 25
  3. CHAPTER 10
  4. Part 1
  5. 25-10-102 When costs allowed, of course, to defendant

TITLE 25. CIVIL PROCEDURE

CHAPTER 10. COSTS

Part 1. Imposition of Costs

When Costs Allowed, Of Course, To Defendant

25-10-102. When costs allowed, of course, to defendant. Costs must be allowed, of course, to the defendant upon a judgment in the defendant's favor in the actions mentioned in 25-10-101.

History: En. Sec. 472, p. 229, L. 1867; re-en. Sec. 548, p. 148, Cod. Stat. 1871; re-en. Sec. 484, p. 169, L. 1877; re-en. Sec. 484, 1st Div. Rev. Stat. 1879; re-en. Sec. 497, 1st Div. Comp. Stat. 1887; amd. Sec. 1853, C. Civ. Proc. 1895; re-en. Sec. 7155, Rev. C. 1907; re-en. Sec. 9788, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1024; re-en. Sec. 9788, R.C.M. 1935; R.C.M. 1947, 93-8603; amd. Sec. 425, Ch. 56, L. 2009.

Notes of Decisions
Cited in 19 cases, 1980–2020 · leading case: Total Indus. Plant Servs., Inc. v. Turner Indus. Grp., LLC., 2013 MT 5, 294 P.3d 363.
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Total Indus. Plant Servs., Inc. v. Turner Indus. Grp., LLC., 2013 MT 5, 294 P.3d 363. · cites it 11× “” Section 25-10-102, MCA. 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, 350 P.3d 349. · cites it 6× “Section 25-10-102, MCA. Here, the District Court granted costs to CULI, reasoning that because the jury awarded no damages to the Estate, CULI was the prevailing party.”
Lyndes v. Green, 2014 MT 110, 325 P.3d 1225. · cites it 4× “¶29 Hertzlers are entitled to an award of costs as the prevailing party, § 25-10-102, MCA, and the allowable costs are specified in § 25-10-201, MCA.”
In Re the Est. of Lande, 1999 MT 179, 983 P.2d 316. · cites it 5× “Section 25-10-102, MCA, provides for costs as a matter of course to a prevailing defendant in the situations set forth in § 25-10-101, MCA.”
Pankratz Farms, Inc. v. Pankratz, 2004 MT 180, 95 P.3d 671. · cites it 2× “In this case, costs to defendant are statutory pursuant to § 25-10-102, MCA, which provides costs to defendant upon a judgment in his favor in actions mentioned in § 25-10-101, MCA.”
Letica Land Co. v. Anaconda-Deer Lodge Cnty., 2019 MT 30, 435 P.3d 634. · cites it 5× “There is no authority which requires an appellant, when challenging on appeal the merits of a trial court's decision, to separately challenge the imposition of trial costs in favor of the prevailing party. Rather, a challenge to trial costs is implicitly tied to a challenge on…”
Semenza v. Leitzke, 754 P.2d 509 (Mont. 1988). · cites it 2× “The Semenzas’ argue that the depositions were taken simply for the purpose of discovery and were not used in lieu of witness testimony or for impeachment, thus their cost is not recoverable.”
Valeo v. Tabish, 1999 MT 146, 983 P.2d 334. · cites it 3× “Section 25-10-101(7), MCA, states that “[c]osts are allowed, of course, to the plaintiff upon a judgment in his favor .”
Erickson v. Dairyland Ins., 785 P.2d 705 (Mont. 1990). · cites it 2× “In the present case, costs to defendant are statutory pursuant to § 25-10-102, MCA, which provides costs to defendant upon a judgment in his favor in actions mentioned in § 25-10-101, MCA.”
Est. of Lande, 1999 MT 179. · cites it 3× “Section 25-10-102, MCA, provides for costs as a matter of course to a prevailing defendant in the situations set forth in 5 25- 10-101, MCA.”
Rodgers v. Mony Life Ins., 2005 MT 290, 124 P.3d 137. · cites it 10× “MONY argues that judgment was entered in its favor and thus under § 25-10-102, MCA, the District Court was required to award its costs as a matter of course.”
Moore v. Frost, 2020 MT 245N, 472 P.3d 673. · cites it 3× “Section 25-10-102, MCA. The bill of costs must be itemized and detailed, listing claims for court fees, depositions, and motions, which are all expressly allowed by statute.”
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