Mont. Code Ann. » TITLE 25. CIVIL PROCEDURE · CHAPTER 10. COSTS · Part 2. Allowable Costs
Montana Code Annotated

Mont. Code Ann. § 25-10-201 (2026)

Costs Generally Allowable

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 25
  3. CHAPTER 10
  4. Part 2
  5. 25-10-201 Costs generally allowable

TITLE 25. CIVIL PROCEDURE

CHAPTER 10. COSTS

Part 2. Allowable Costs

Costs Generally Allowable

25-10-201. Costs generally allowable. A party to whom costs are awarded in an action is entitled to include in the party's bill of costs the party's necessary disbursements, as follows:

(1) the legal fees of witnesses, including mileage, or referees and other officers;

(2) the expenses of taking depositions;

(3) the legal fees for publication when publication is directed;

(4) the legal fees paid for filing and recording papers and certified copies of papers necessarily used in the action or on the trial;

(5) the legal fees paid stenographers for per diem or for copies;

(6) the reasonable expenses of printing papers for a hearing when required by a rule of court;

(7) the reasonable expenses of making transcript for the supreme court;

(8) the reasonable expenses for making a map or maps if required and necessary to be used on trial or hearing; and

(9) other reasonable and necessary expenses that are taxable according to the course and practice of the court or by express provision of law.

History: En. Sec. 1866, C. Civ. Proc. 1895; re-en. Sec. 7169, Rev. C. 1907; re-en. Sec. 9802, R.C.M. 1921; re-en. Sec. 9802, R.C.M. 1935; R.C.M. 1947, 93-8618; amd. Sec. 429, Ch. 56, L. 2009.

Notes of Decisions
Cited in 80 cases (5 in the last 5 years), 1980–2025 · leading case: Kloepfer v. Lumbermens Mut. Cas. Co., 899 P.2d 1081 (Mont. 1995).
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Kloepfer v. Lumbermens Mut. Cas. Co., 899 P.2d 1081 (Mont. 1995). · cites it 64× “The insurer argues that § 25-10-201, MCA, made applicable to the Workers' Compensation Court by the Baeta case requires that the court can only award witness fees of $10 per day per witness, including fees of expert witnesses.”
Springer v. Becker, 949 P.2d 641 (Mont. 1997). · cites it 66× “Thereafter, pursuant to § 25-10-201, MCA, Springer filed a "Bill of Costs" with the District Court in the amount of $1,636.”
Mularoni v. Bing, 2001 MT 215 (Mont. 2001). · cites it 22× “; and second, whether Bings were entitled to certain deposition costs pursuant to either § 25-10-201, MCA, or Rule 37(d) M.R.Civ.P.”
Kuhr v. City of Billings, 2007 MT 201 (Mont. 2007). · cites it 18× “¶36 The District Court concluded, and the City agrees, that costs should still be limited by § 25-10-201, MCA, which provides: A party to whom costs are awarded in an action is entitled to include in his bill of costs his necessary disbursements, as follows: (1) the legal fees…”
Tacke v. Energy West, Inc., 2010 MT 39 (Mont. 2010). · cites it 17× “Did the District Court err in awarding costs pursuant to FLSA instead of the Montana costs statute ? ¶40 Energy West argues the District Court erred by awarding costs beyond those allowed under § 25-10-201, MCA, which it argues is controlling.”
Abbey/Land, LLC v. Glacier Constr. Partners, LLC, 433 P.3d 1230 (Mont. 2019). · cites it 16× “Finally, we affirm the District Court's decision to award costs, but reverse and remand for the District Court to recalculate the award to include only costs allowable under § 25-10-201, MCA. PROCEDURAL AND FACTUAL BACKGROUND ¶4 This case, on appeal to the Court for a second…”
Goodover v. Lindey's Inc., 843 P.2d 765 (Mont. 1992). · cites it 10× “Legal fees of witnesses, plus mileage, are allowable statutory costs under § 25-10-201, MCA. By statute, an expert witness is a witness and receives the same compensation as a witness.”
Stevens v. State Comp. Mut. Ins. Fund, 886 P.2d 962 (Mont. 1994). · cites it 36× “Section 25-10-201, MCA, is a general statute which governs the award of costs and was made applicable to workers' compensation cases in Baeta v.”
Kadillak v. Montana Dep't of State Lands, 643 P.2d 1178 (Mont. 1982). · cites it 21× “Costs were awarded only for the items specifically listed in section 25-10-201, MCA. The District Court judge stated that he knew of no realistic formula for segregating the costs for the mandamus issue and therefore awarded plaintiffs the total *74 costs incurred in the case…”
State v. B. Thompson, 2017 MT 107 (Mont. 2017). · cites it 8× “The Defendant shall pay costs of legal fees and expenses defined in § 25-10-201, MCA, plus costs of jury service, prosecution, and pretrial, probation, or community supervision or $100 per felony case or $50 per misdemeanor case, whichever is greater.”
Walden v. Yellowstone Elec., 2021 MT 123 (Mont. 2021). · cites it 15× “¶47 Section 25-10-201(1), MCA, provides for an award of “the legal fees of witnesses, including mileage, or referees and other officers,” while § 25-10-201(9), MCA, allows for “other reasonable and necessary expenses that are taxable according to the course and practice of the…”
Cash v. Otis Elevator Co., 684 P.2d 1041 (Mont. 1984). · cites it 11× “With respect to the photographs, Section 25-10-201 (a), MCA, allows the taxing of costs for “reasonable and necessary expenses as are taxable according to the course and practice of the court or by expressed provision of law”.”
Show all 80 citing cases →
— Mont. Code Ann. § 25-10-201(1) — 3 cases
Walden v. Yellowstone Elec., 2021 MT 123 (Mont. 2021). “¶47 Section 25-10-201(1), MCA, provides for an award of “the legal fees of witnesses, including mileage, or referees and other officers,” while § 25-10-201(9), MCA, allows for “other reasonable and necessary expenses that are taxable according to the course and practice of the…”
Springer v. Becker, 949 P.2d 641 (Mont. 1997). “Thereafter, pursuant to § 25-10-201, MCA, Springer filed a "Bill of Costs" with the District Court in the amount of $1,636.”
Kearney v. KXLF Commc'ns, Inc., 869 P.2d 772 (Mont. 1994).
— Mont. Code Ann. § 25-10-201(2) — 5 cases
Walden v. Yellowstone Elec., 2021 MT 123 (Mont. 2021). “¶47 Section 25-10-201(1), MCA, provides for an award of “the legal fees of witnesses, including mileage, or referees and other officers,” while § 25-10-201(9), MCA, allows for “other reasonable and necessary expenses that are taxable according to the course and practice of the…”
Mularoni v. Bing, 2001 MT 215 (Mont. 2001). “; and second, whether Bings were entitled to certain deposition costs pursuant to either § 25-10-201, MCA, or Rule 37(d) M.R.Civ.P.”
Fisher v. State Farm Ins. Companies, 934 P.2d 163 (Mont. 1997).
Bartlett v. Allstate Ins., 929 P.2d 227 (Mont. 1996).
Valeo v. Tabish, 1999 MT 146 (Mont. 1999).
— Mont. Code Ann. § 25-10-201(6) — 1 case
Walden v. Yellowstone Elec., 2021 MT 123 (Mont. 2021). “¶47 Section 25-10-201(1), MCA, provides for an award of “the legal fees of witnesses, including mileage, or referees and other officers,” while § 25-10-201(9), MCA, allows for “other reasonable and necessary expenses that are taxable according to the course and practice of the…”
— Mont. Code Ann. § 25-10-201(7) — 1 case
Benton v. 13th Jud. Dist. (Mont. 2024).
— Mont. Code Ann. § 25-10-201(8) — 5 cases
Larsen v. Richardson, 2011 MT 195 (Mont. 2011).
Goodover v. Lindey's Inc., 843 P.2d 765 (Mont. 1992). “Legal fees of witnesses, plus mileage, are allowable statutory costs under § 25-10-201, MCA. By statute, an expert witness is a witness and receives the same compensation as a witness.”
Hitshew v. Butte/Silver Bow Cnty., 1999 MT 26 (Mont. 1999).
Montana Dep't of Nat. Resources & Conservation v. Abbco Investments, LLC, 2012 MT 187 (Mont. 2012).
Dnrc v. Abbco, 2012 MT 187 (Mont. 2012).
— Mont. Code Ann. § 25-10-201(9) — 12 cases
Springer v. Becker, 949 P.2d 641 (Mont. 1997). “Thereafter, pursuant to § 25-10-201, MCA, Springer filed a "Bill of Costs" with the District Court in the amount of $1,636.”
Tynes v. Bankers Life Co., 730 P.2d 1115 (Mont. 1986).
Stevens v. State Comp. Mut. Ins. Fund, 886 P.2d 962 (Mont. 1994). “Section 25-10-201, MCA, is a general statute which governs the award of costs and was made applicable to workers' compensation cases in Baeta v.”
Kloepfer v. Lumbermens Mut. Cas. Co., 899 P.2d 1081 (Mont. 1995). “The insurer argues that § 25-10-201, MCA, made applicable to the Workers' Compensation Court by the Baeta case requires that the court can only award witness fees of $10 per day per witness, including fees of expert witnesses.”
Ray v. Nansel, 2002 MT 191 (Mont. 2002).
— Mont. Code Ann. § 25-10-201(a) — 1 case
Cash v. Otis Elevator Co., 684 P.2d 1041 (Mont. 1984). “With respect to the photographs, Section 25-10-201 (a), MCA, allows the taxing of costs for “reasonable and necessary expenses as are taxable according to the course and practice of the court or by expressed provision of law”.”
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