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

Mont. Code Ann. § 25-10-104 (2026)

When Costs Of Appeal Discretionary

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 25
  3. CHAPTER 10
  4. Part 1
  5. 25-10-104 When costs of appeal discretionary

TITLE 25. CIVIL PROCEDURE

CHAPTER 10. COSTS

Part 1. Imposition of Costs

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.

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.

Notes of Decisions
Cited in 12 cases, 1985–2006 · leading case: Beehive Homes v. Harding, 2006 MT 297 (Mont. 2006).
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Beehive Homes v. Harding, 2006 MT 297 (Mont. 2006). · cites it 15× “, states costs will be taxed as provided by § 25-10-104, MCA, and unless otherwise provided by the Court in its decision, costs will automatically be awarded to the successful party.”
Simonson v. White, 713 P.2d 983 (Mont. 1986). · cites it 3× “and Section 25-10-104(2), MCA. Cross-appellant’s Issues Cross-appellant Phillips presents several issues for this Court’s consideration.”
Wippert v. Blackfeet Tribe of Blackfeet Indian Reservation, 859 P.2d 420 (Mont. 1993). · cites it 4× “The Wipperts argued, in response, that they were the successful party in the litigation as a whole and therefore were entitled to recover their costs, pursuant to § 25-10-104, MCA. On April 3, 1985, the District Court ordered the clerk of court to deliver to the Wipperts'…”
Schmidt v. Colonial Terrace Assocs., 694 P.2d 1340 (Mont. 1985). · cites it 3× “They argue that if we uphold the District Court order and award costs and fees to a party who has lost the appeal, such an award would “chill” the incentive for parties to appeal an adverse judgment.”
In Re the Marriage of Kuzara, 728 P.2d 786 (Mont. 1986). · cites it 3× “The findings stated that the home investigation reports for both parents were evaluated by the District Court.”
Weber v. State, 852 P.2d 117 (Mont. 1993). · cites it 4× “The State argues that § 25-10-104, MCA, upon which the District Court based its ruling that the State should pay for half of the cost of the transcript is only discretionary in two situations: 1) when a new trial is ordered, and 2) when a judgment is modified.”
Galt v. State, 749 P.2d 1089 (Mont. 1988). · cites it 3× “In addition, Section 25-10-104(2), MCA, provides that costs of appeal must be awarded to the successful party.”
Langevin v. Andersen, 2002 MT 10N (Mont. 2002). · cites it 11× “, provides: Costs on appeal in civil cases will be taxed as provided by section 25-10-104, Montana Code Annotated, and if not otherwise provided by the court in its decision, will automatically be awarded to the successful party against the other party.”
Pickens v. State Csed, 2002 MT 42N (Mont. 2002). · cites it 11× “In its November 9, 2000 order, the District Court denied Pickens’ request for costs on the grounds that “[c]osts for appeal are discretionary under § 25-10-104, MCA, and under Rule 33(a), M.”
Moore v. Imperial Hotels Corp., 948 P.2d 211 (Mont. 1997). · cites it 4× “Costs on appeal in civil cases will be taxed as provided by section 25-10-104, Montana Code Annotated, and if not otherwise provided by the court in its decision, will automatically be awarded to the successful party against the other party.”
Matter of Emergency Changes to Rule (Mont. 2001). · cites it 2× “mm m For purposesof assessing costs in civil casesunder section 25-10-104, Montana Code Annotated, reasonablecosts shall be determined as follows: Costs will be allowed for the actual cost per page for up to 9 copies of each brief plus 2 copies for each party to be served,…”
Medders v. Joyes, 758 P.2d 769 (Mont. 1988). · cites it 3× “Costs of this appeal, other than attorney’s fees, are to be awarded to Joyes as the prevailing party pursuant to Section 25-10-104(2), MCA. Affirmed. MR. CHIEF JUSTICE TURNAGE and MR.”
Mont. Code Ann. § 25-10-104(2): 4 cases
Simonson v. White, 713 P.2d 983 (Mont. 1986). “and Section 25-10-104(2), MCA. Cross-appellant’s Issues Cross-appellant Phillips presents several issues for this Court’s consideration.”
Galt v. State, 749 P.2d 1089 (Mont. 1988). “In addition, Section 25-10-104(2), MCA, provides that costs of appeal must be awarded to the successful party.”
Langevin v. Andersen, 2002 MT 10N (Mont. 2002). “, provides: Costs on appeal in civil cases will be taxed as provided by section 25-10-104, Montana Code Annotated, and if not otherwise provided by the court in its decision, will automatically be awarded to the successful party against the other party.”
Medders v. Joyes, 758 P.2d 769 (Mont. 1988). “Costs of this appeal, other than attorney’s fees, are to be awarded to Joyes as the prevailing party pursuant to Section 25-10-104(2), MCA. Affirmed. MR. CHIEF JUSTICE TURNAGE and MR.”
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.