(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.
When Costs Of Appeal Discretionary
Mont. Code Ann. § 25-10-104, under Imposition of Costs.
Mont. Code Ann. § 25-10-104