Table of Contents TITLE 25. CIVIL PROCEDURE CHAPTER 10. COSTS Part 2. Allowable Costs
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19 25-10-201 25-10-202 25-10-203 25-10-204 25-10-205 25-10-206

Mont. Code Ann. § 25-10-201

(2021)

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.

Opinions construing this section

19 opinions
2025 MT 218 Sep 30, 2025 Reversed
State v. Powell
Majority by Katherine M Bidegaray · 4 to 1 with 1 concurring
for victim and witness advocate programs. Also, a “$10 per count . . . court information technology fee” and “costs of legal fees and expenses defined in § 25-10-201, MCA, plus costs of jury service, prosecution, and pretrial probation, or community service supervision or $100 per felony or $50 per misdemeanor, whichever is grea
2024 MT 122N Jun 4, 2024 Affirmed
BlueMoon Refinery v. Flathead Cty
Majority by Beth Baker · 5 to 0
ed a bill of costs within five days of the court’s summary judgment order. It further asserted that Bluemoon’s affidavit included costs not permitted under § 25-10-201, MCA. Bluemoon responded to Flathead County’s objection regarding costs, stating: Judgment has not yet been entered. Bluemoon has not sought to have judgment ente
2021 MT 305N Nov 23, 2021 Affirmed
State v. W. Terry
Majority by Dirk M. Sandefur · 5 to 0
6 See § 46-18-111(3), MCA. 7 See § 46-18-236(1)(c) and (7)(a), MCA. 8 See § 46-18-232(1), MCA (costs of prosecution, prosecution litigation costs (per § 25-10-201, MCA), jury service costs, and probation/community service supervision costs). 3 ¶5 Under the first element of the Strickland test, the performance of counsel
2021 MT 161 Jul 6, 2021 Affirmed in part, reversed in part
Masters Group v. Comerica Bank
Majority by Ingrid Gustafson · 5 to 2
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. Section 25-10-201, MCA. 45 ¶83 In its cross-appeal, Masters asserts it is entitled to an award for all of its costs— $512,496.30—not just the $176,063.19 in statutory cos
2021 MT 123 May 18, 2021 Affirmed
Walden v. Yellowstone Electric
Majority by Mike McGrath · 5 to 0
as unauthorized by statute. YECO takes issue with the awarded costs for depositions, summary judgment exhibits, and the Waldens’ attorney’s mileage. ¶45 Section 25-10-201(2), MCA, provides for the recovery of “the expenses of taking depositions.” We have interpreted this provision to apply when the depositions were used in a trial
Official Annotations archive.org, 2021 edition
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 (HB 37 - Campbell, Margarett (D) HD 31)
Source text on leg.mt.gov