SENATE BILL NO. 394
INTRODUCED BY PERRY, COHENOUR, ANDERSON, BARKUS, BLACK, BOHLINGER, R. BROWN, FUCHS, GEBHARDT, GLASER, GRIMES, KEENAN, LAIBLE, LEWIS, MCGEE, MCNUTT, A. OLSON, RIPLEY, F. THOMAS, ZOOK, SHEA, SPRAGUE
A BILL FOR AN ACT ENTITLED: "AN ACT SEEKING TO ENSURE FAIRNESS IN LITIGATION BY PROVIDING THAT IN MOST CIVIL ACTIONS, A PARTY TO WHOM COSTS ARE AWARDED IS ENTITLED TO REASONABLE ATTORNEY FEES; AMENDING SECTION 25-10-201, MCA; AND PROVIDING AN APPLICABILITY DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 25-10-201, MCA, is amended to read:
"25-10-201. Costs generally allowable. A party to whom costs are awarded in an action is entitled to include in his the bill of costs his 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 thereof of papers necessarily used in the action or on the trial;
(5) the legal fees paid to 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) reasonable attorney fees, as determined by the court; and
(9)(10) such other reasonable and necessary expenses as that are taxable according to the course and practice of the court or by express provision of law."
NEW SECTION. Section 2. Applicability. [This act] applies to actions and proceedings filed after [the effective date of this act].
- END -
Latest Version of SB 394 (SB0394.02)
Processed for the Web on February 25, 2003 (4:20pm)
New language in a bill appears underlined, deleted material appears stricken.
Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted.
See the status of this bill for the bill's primary sponsor.
Status of this Bill | 2003 Legislature | Leg.
Branch Home
All versions of this bill in PDF
Authorized print version w/line numbers (PDF format)
Prepared by Montana Legislative Services
(406) 444-3064