25-35-806. Attorney fees upon appeal or removal. (1) If the parties are represented by counsel on appeal, the court may grant the prevailing party reasonable attorney fees in addition to costs.

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Terms Used In Montana Code 25-35-806

  • 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.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plaintiff: The person who files the complaint in a civil lawsuit.

(2)If a defendant removes a matter to justice’s court under the provisions of 25-35-605(1) but does not prevail in justice’s court, the court may grant the plaintiff reasonable attorney fees, if any.