25-10-104. When costs of appeal discretionary. (1) In the following cases, the costs of appeal are in the discretion of the court:

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Terms Used In Montana Code 25-10-104

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(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.