25-10-103. When costs discretionary. Unless otherwise provided, in actions other than those mentioned in 25-10-101, costs may be allowed or not and, if allowed, may be apportioned between the parties on the same or adverse sides, in the discretion of the court, but no costs can be allowed in an action for the recovery of money or damages when the plaintiff fails to recover more than $50 or in an action to recover the possession of personal property when the value of the property is not more than $50.
Montana Code Annotated
Mont. Code Ann. § 25-10-103 (2026)
When Costs Discretionary
✓ current as of May 2026
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TITLE 25. CIVIL PROCEDURE
CHAPTER 10. COSTS
Part 1. Imposition of Costs
When Costs Discretionary
History: En. Sec. 404, p. 127, Bannack Stat.; en. Sec. 473, p. 229, L. 1867; re-en. Sec. 549, p. 148, Cod. Stat. 1871; re-en. Sec. 485, p. 169, L. 1877; re-en. Sec. 485, 1st Div. Rev. Stat. 1879; amd. Sec. 11, p. 11, L. 1881; re-en. Sec. 498, 1st Div. Comp. Stat. 1887; amd. Sec. 1853, C. Civ. Proc. 1895; re-en. Sec. 7156, Rev. C. 1907; re-en. Sec. 9789, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1025; re-en. Sec. 9789, R.C.M. 1935; R.C.M. 1947, 93-8604; amd. Sec. 4, Ch. 402, L. 1979.
Notes of Decisions
Cited in 13
cases, 1987–2019 · leading case: Matter of Est. of Dern Fam. Trust, 928 P.2d 123 (Mont. 1996).
Matter of Est. of Dern Fam. Trust, 928 P.2d 123 (Mont. 1996). “" The Dern children and the District Court rely on § 25-10-103, MCA, for the proposition that imposition of costs is discretionary with the court.”
Harrison v. Chance, 797 P.2d 200 (Mont. 1990). “This case is not an action requiring an award of costs as a matter of course.”
Bartlett v. Allstate Ins., 929 P.2d 227 (Mont. 1996). “Section 25-10-103, MCA, provides that the court has the discretionary power to apportion costs between the parties, and § 25-10-201(2), MCA, lists expenses of taking depositions as allowable costs.”
Walker v. Warner, 740 P.2d 1147 (Mont. 1987). “Actually, the statement in Foss is that costs allowed in the court’s discretion under Section 25-10-103, MCA, are limited to those which can be taken out of the fine levied against the contemnor.”
In Re the Est. of Lande, 1999 MT 179 (Mont. 1999). “Section 25-10-103, MCA, addresses when costs are discretionary.”
Erickson v. Dairyland Ins., 785 P.2d 705 (Mont. 1990). “Section 25-10-103, MCA. In the absence of any showing of abuse of discretion by the District Court, we sustain the court’s rul *125 ing.”
Letica Land Co. v. Anaconda-Deer Lodge Cnty., 435 P.3d 634 (Mont. 2019). “However, § 25-10-103, MCA, allows for costs in the district court's discretion.”
Dern v. Dern, 928 P.2d 123 (Mont. 1996). “” The Dern children and the District Court rely on § 25-10-103, MCA, for the proposition that imposition of costs is discretionary with the court.”
Idaho Asphalt Sup. v. Dept. of Tran, 2001 MT 27 (Mont. 2001). “After briefing on the issue, the District Court awarded costs to the Department in the full amount requested.”
McCann Ranch, Inc. v. Quigley-McCann, 915 P.2d 239 (Mont. 1996). “Section 25-10-103, MCA. The record reveals that the District Court did not abuse its discretion in requiring Sharon and MRI to bear their respective costs of litigation.”
Boehm v. Cokedale, LLC, 2011 MT 224 (Mont. 2011). “Section 25-10-103, MCA. JUSTICES WHEAT, RICE, MORRIS and COTTER concur.”
Williamson v. Montana Pub. Serv. Comm'n, 2012 MT 299 (Mont. 2012). “The court stated Petitioners could seek an award of costs under § 25-10-101, MCA, or § 25-10-103, MCA, but not both. In addition, the court observed that § 25-10-503, MCA, suggests an award of costs on appeal is made by the appellate court.”
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