37-61-421. Attorney's or litigant's liability for excess costs. An attorney or party to any court proceeding who, in the determination of the court, multiplies the proceedings in any case unreasonably and vexatiously may be required by the court to satisfy personally the excess costs, expenses, and attorney fees reasonably incurred because of such conduct.
Montana Code Annotated
Mont. Code Ann. § 37-61-421 (2026)
Attorney's Or Litigant's Liability For Excess Costs
✓ current as of May 2026
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TITLE 37. PROFESSIONS AND OCCUPATIONS
CHAPTER 61. ATTORNEYS AT LAW
Part 4. Provisions Regulating Practice
Attorney's Or Litigant's Liability For Excess Costs
History: En. Sec. 1, Ch. 533, L. 1985.
Notes of Decisions
Cited in 50
cases (4 in the last 5 years), 1987–2023 · leading case: In Re the Est. of Bayers, 2001 MT 49 (Mont. 2001).
In Re the Est. of Bayers, 2001 MT 49 (Mont. 2001). “McGimpsey (McGimpsey) for unreasonably and vexatiously multiplying legal proceedings, pursuant to § 37-61-421, MCA. McGimpsey appeals this sanction.”
Larchick v. Diocese of Great Falls-Billings, 2009 MT 175 (Mont. 2009). “Did the District Court err in denying Larchick’s motion for costs and fees on the basis of defense counsel’s alleged misconduct? ¶38 Larchick argues on appeal that the District Court erred in denying her motion for costs and fees under § 37-61-421, MCA, and under Rule 56(g) of…”
Rocky Mountain Enter., Inc. v. Pierce Flooring, 951 P.2d 1326 (Mont. 1997). “The District Court awarded attorney fees in the amount of $500, under the authority of § 37-61-421, MCA, which provides: An attorney or party to any court proceeding who, in the determination of the court, multiplies the proceedings in any case unreasonably and vexatiously may…”
Kuhnke v. Fisher, 740 P.2d 625 (Mont. 1987). “Section 37-61-421, MCA, provides that any attorney or party who unreasonably multiplies the proceedings in a case "may be required by the court to satisfy personally the excess costs, expenses and attorney fees reasonably incurred because of such conduct.”
Tigart v. Thompson, 796 P.2d 582 (Mont. 1990). “The sole issue is the award of attorney fees and costs under the authority of § 37-61-421, MCA. The issue of attorney fees and costs was before this Court originally in Tigart v.”
Goodover v. Lindey's Inc., 843 P.2d 765 (Mont. 1992). “Nor do we agree that Lindey's should shoulder all of the blame for this lengthy and bitter litigation.”
Renville v. Taylor, 2000 MT 217 (Mont. 2000). “2d 625 , in which we upheld a District Court's award of sanctions pursuant to § 37-61-421, MCA, which provides: An attorney or party to any court proceeding who, in the determination of the court, multiplies the proceedings in any case unreasonably and vexatiously may be…”
In Re the Est. of McDermott, 2002 MT 164 (Mont. 2002). “Further, § 37-61-421, MCA, authorizes a district court to award attorney fees, costs, and expenses against "[a]n attorney or party .”
Page Wellcome, Prof'l Serv. Corp. v. Home Ins., 758 F. Supp. 1375 (D. Mont. 1991). “Rather, he submits the sanction constituted, in essence, damages awarded to a party, under authority of Mont.Code Ann. § 37-61-421 (1985), for excess costs incurred by the plaintiff as a result of the adverse party’s conduct.”
Ponderosa Pines Ranch, Inc. v. Hevner, 2002 MT 184 (Mont. 2002). “Did the District Court err in awarding fees and costs under Rule 11 and § 37-61-421, MCA? ¶5 3. Should this Court award Ponderosa Pines Ranch, Inc.”
Cross Guns v. Eighth Jud. Dist. Court, 2017 MT 144 (Mont. 2017). “¶14 The court also found that Cross Guns had unreasonably multiplied the proceedings and, pursuant to § 37-61-421, MCA, imposed costs of $1,124.”
Marriage of Taylor, 2023 MT 189N (Mont. 2023). “Section 37-61-421, MCA, also provides, “An attorney or party to any court proceeding who, in the determination of the court, multiplies the proceedings in any case unreasonably and vexatiously may be required by the court to satisfy personally the excess costs, expenses, and…”
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