Montana Code Annotated

Mont. Code Ann. § 25-31-113 (2026)

When Fees Payable

✓ current as of May 2026
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TITLE 25. CIVIL PROCEDURE

CHAPTER 31. PROCEDURE IN JUSTICES' COURTS

Part 1. General Provisions

When Fees Payable

25-31-113. When fees payable. All fees must be paid in advance, and no costs shall be included in any judgment until they have been paid. However, nothing herein contained shall restrict or prevent the bringing of suits in forma pauperis as provided by law.

History: En. Sec. 4642, Pol. C. 1895; and as Sec. 1, Ch. 52, L. 1903; re-en. Secs. 3175-3176, Rev. C. 1907; superseded by Sec. 2, Ch. 55, L. 1921; re-en. Sec. 4925, R.C.M. 1921; re-en. Sec. 4925, R.C.M. 1935; R.C.M. 1947, 25-302.

Notes of Decisions
Cited in 1 case, 2017–2017 · leading case: Alto Jake Holdings, LLC v. Donham, 2017 MT 297 (Mont. 2017).
Alto Jake Holdings, LLC v. Donham, 2017 MT 297 (Mont. 2017). · cites it 2× “6(a)(1), 11(a); § 25-10-404(1) and (2), MCA; see also §§ 25-31-113 and 25-33-201(1), MCA. If the justice of the peace is not available to rule on the waiver, the justice court must likewise file the notice of appeal and, “subject to subsequent approval” of the waiver request by…”
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