Title 25, Title 25

The costs and fees of transmitting the pleading and papers when an order is made transferring an action or proceeding for trial and of filing the papers anew must be paid by the party at whose instance the order was made; except that the party filing the complaint must pay all co…

Whenever a motion for substitution of a judge is filed after the action or proceeding is set for trial or hearing, the party filing the motion shall pay to the opposite party all costs necessarily incurred in securing the attendance of witnesses between the date the order was mad…

The fee paid by the plaintiff to the secretary of state pursuant to part 6 of chapter 3 and Rule 4(p), M.R.Civ.P., must be taxed as part of the plaintiff's costs if the plaintiff prevails in the action.

The measure and mode of compensation of attorneys and counselors at law is left to agreement, express or implied, of the parties, except that in probate proceedings the court may fix and allow the compensation of attorneys representing administrators, executors, guardians, truste…

The attorney fees mentioned in 25-10-303, 30-9A-607, 71-1-233, and 71-3-124 and paralegal fees as a component of attorney fees as provided in 25-10-304 need not be included in the cost bill if they are made a part of the judgment.

In an action involving solely the recovery of property damages arising out of the ownership, maintenance, or use of a motor vehicle, in which the plaintiff secures a judgment equal to or greater than the amount of damages claimed by the plaintiff in the plaintiff's last written o…

In any case or proceeding in which attorney fees are awarded to the prevailing party, the court may, as a component of the attorney fees, include reasonable fees of a paralegal, as defined in 25-10-305.

(1) As used in 25-10-304 and this section, "paralegal" means a person qualified through education, training, or work experience who is employed or retained to perform, under supervision by a licensed attorney, substantive legal work that: (a) requires a substantial knowledge of l…

No fees of any officer shall be payable until an itemized account of the same, signed by the officer, shall be presented to the person liable therefor.

In all cases in which copies of pleadings, affidavits, or other papers are to be served, the sheriff or clerk may not charge or receive a fee for making the copies when the copies are furnished to the sheriff or clerk by the party to the action or the party's attorney.

Each party to a civil action is required to pay the fees fixed by law for the performance of any service or duty by any officer of such court at the instance of such party at the time such service is rendered, except in the case mentioned in 25-10-405 and 25-10-701; and no such o…

(1) Except as provided in subsections (3) and (6), a person may request a waiver of fees by filing an affidavit, supported by a financial statement, stating that the person has a good cause of action or defense and is unable to pay the costs or procure security to secure the caus…

The state, a county, a municipality, or any subdivision thereof or any officer when prosecuting or defending an action on behalf of the state, a county, a municipality, or a subdivision thereof is not required to pay or deposit any fee or amount to or with any officer during the …

In all cases, after final judgment, the clerk or sheriff may make out a bill of costs against the party incurring them, and if not paid within 20 days after demand, execution may issue in the name of the parties to the action for the benefit of the clerk or sheriff.

The party in whose favor judgment is rendered and who claims the party's costs shall deliver to the clerk and serve upon the adverse party, within 5 days after the verdict or notice of the decision of the court or referee or, if the entry of the judgment on the verdict or decisio…

A party dissatisfied with the costs claimed may, within 5 days after notice of filing of the bill of costs, file and serve a notice of a motion to have the same taxed by the court in which the judgment was rendered or by the judge thereof at chambers.

Whenever costs are awarded to a party by an appellate court, if the party claims the costs, the party shall, within 30 days after the remittitur is filed with the clerk in the original proceeding, deliver to the clerk a memorandum of the party's costs, verified as prescribed in 2…

The clerk shall include in the judgment entered by the clerk the costs, if the costs have been taxed or ascertained. The clerk shall, within 2 days after the costs are taxed or ascertained, if not included in the judgment, insert the costs in a blank left in the judgment for that…

When the plaintiff in an action resides out of this state or is a foreign corporation, security for the costs and charges which may be awarded against such plaintiff may be required by the defendant. When required, all proceedings in the action must be stayed until an undertaking…

After the lapse of 30 days from the service of notice that security is required or of an order for new or additional security, upon proof thereof and that no undertaking as required has been filed, the court or judge may order the action to be dismissed.

No officer prosecuting or defending as provided in 25-10-405 shall be taxed with costs or damages, but such costs or damages, if any, shall be taxed to the state, county, or municipality, as the case may be.

When the state is a party and costs are awarded against it, they must be paid out of the state treasury.

When a county is a party and costs are awarded against it, they must be paid out of the county treasury.

(1) Except as provided in subsection (2), in any civil action brought by or against the state, a political subdivision, or an agency of the state or a political subdivision, the opposing party, whether plaintiff or defendant, is entitled to the costs enumerated in 25-10-201 and r…

(1) An award of attorney fees must be reasonable. A reasonable claim for attorney fees must include the following: (a) the date a task is performed and the name of the timekeeper; (b) a specific description of the task, including but not limited to the nature, purpose, or subject…

A new trial is a reexamination of an issue of fact in the same court after a trial and decision by a jury or court or by referees.

The former verdict or other decision may be vacated and a new trial granted on the application of the party aggrieved for any of the following causes materially affecting the substantial rights of the party: (1) irregularity in the proceedings of the court, jury, or adverse party…

No new trial may be granted in cases tried by the court without a jury, except on the grounds mentioned in subsections (1), (3), and (4) of 25-11-102.

(1) Motions for new trials shall be made as follows: (a) For causes mentioned in 25-11-102(1), the motion shall be made on affidavits or on the minutes of the court. (b) For causes mentioned in subsection (2), (3), or (4) of 25-11-102, the motion shall be made only on affidavits.…

A judgment or order in a civil action, except when expressly made final by this code, may be reviewed as prescribed by the Rules of Appellate Procedure and not otherwise.

A party aggrieved may appeal in the cases prescribed in the Rules of Appellate Procedure.

(1) Except as provided in subsection (2), in order to ensure that financial considerations do not adversely impact the right of appeal, in civil litigation under any legal theory, the supersedeas bond to be furnished in order to stay the execution of the judgment during the entir…

(1) The party in whose favor the judgment is given may, at any time within the time period prescribed in 27-2-201(1) and (2), have a writ of execution issued for its enforcement. (2) When the judgment is for the payment of child support, the party in whose favor the judgment is g…

Notwithstanding the death of a party after the judgment, execution on the judgment may be issued or it may be enforced as follows: (1) In case of the death of the judgment creditor, it may be enforced upon the application of the creditor's executor, administrator, or successor in…

(1) When property liable to an execution against several persons is sold upon execution and more than a due proportion of the judgment is satisfied out of the proceeds of the sale of property of one of them or one of them pays, without a sale, more than the person's proportion, t…

Whenever any surety on an undertaking on appeal, executed to stay proceedings upon a money judgment, pays the judgment, either with or without action, after its affirmation by the appellate court, the surety is substituted to the rights of the judgment creditor and is entitled to…

When the judgment is for money or the possession of real or personal property, the judgment may be enforced by a writ of execution. If the judgment directs that the defendant be arrested, the execution may issue against the person of the judgment debtor after the return of an exe…

When the judgment requires the sale of property, the same may be enforced by a writ reciting such judgment or the material parts thereof and directing the proper officer to execute the judgment by making the sale and applying the proceeds in conformity therewith.

(1) When the judgment requires the performance of any other act than those designated in 25-13-201 and 25-13-202, a certified copy of the judgment may be served upon the party against whom the same is rendered or upon the person or officer required thereby or by law to obey the s…

Whenever an order for the payment of a sum of money is made by a court or judge pursuant to the provisions of this code, it may be enforced by execution in the same manner as if it were a judgment.

When a judgment is rendered against the county or against any county officer in an action prosecuted against the officer in the officer's name of office, when the judgment is to be paid by the county, execution may not issue upon the judgment, but the judgment must be paid in the…

(1) After the sheriff or levying officer has executed upon the property of a judgment debtor, a notice of seizure must be served by the sheriff or levying officer upon the judgment debtor within 5 days of seizure. The notification must: (a) inform the judgment debtor that certain…

(1) To claim an exemption from execution, a judgment debtor shall file a written request for a hearing with the court that issued the execution accompanied by a written statement that describes the property that the judgment debtor claims is exempt and the reasons for the claim t…

(1) If there is reason to believe that there is personal property subject to execution that is located in the judgment debtor's residence, the judgment creditor or the judgment creditor's attorney may file an application for a warrant of execution with the court. (2) The applicat…

(1) The writ of execution must: (a) be issued in the name of the state of Montana, sealed with the seal of the court, and subscribed by the clerk; (b) be directed to the sheriff or levying officer; (c) intelligibly refer to the judgment, stating the court and the county where it …

Upon the rendition of any judgment, if it is shown that one or more of the defendants against whom the judgment is to be rendered are principal debtors and others of the defendants are sureties of the principal debtor, the court may order the judgment to state that fact. Upon the…