HOUSE BILL NO. 481

INTRODUCED BY J. STOVALL

A BILL FOR AN ACT ENTITLED: "AN ACT PROVIDING THAT A PARTY IN CERTAIN ACTIONS AND PROCEEDINGS MAY BE AWARDED REASONABLE ATTORNEY FEES ON THE ISSUES ON WHICH THE PARTY PREVAILS; AMENDING SECTIONS 25-10-101 AND 25-10-302, MCA; REPEALING SECTIONS 25-10-102, 25-10-106, AND 25-10-303, MCA; AND PROVIDING AN APPLICABILITY DATE."

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 25-10-101, MCA, is amended to read:

"25-10-101. When costs and reasonable attorney fees awarded to prevailing party. (1) Costs must be awarded and the court shall determine whether reasonable attorney fees will, in the court's discretion, be awarded to the prevailing party in the trial or other initial proceeding and to the prevailing party in any appeal in the following cases:

(a) in an action for the recovery of real property or damage to real property;

(b) in an action to recover the possession of personal property when the value of the property exceeds $200. The value must be determined by the jury, court, or referee by whom the action is tried.

(c) in an action for the recovery of money or damages, exclusive of interest, when the plaintiff seeks or recovers over $200;

(d) in a special proceeding;

(e) in an action that involves the title or possession or right of possession of real estate; the legality of any tax, impost, assessment, toll, or municipal fine; or quo warranto proceedings;

(f) in an action to foreclose a lien or pledge, to prevent or abate a nuisance, or for an injunction; or

(g) in an action for property damage arising out of the ownership, maintenance, or use of a motor vehicle .

(2) A party prevailing on some but not all of the matters or issues in dispute must be awarded costs and may be awarded reasonable attorney fees, relating to the matters or issues upon which the party prevailed, as determined by the court."

Section 2. Section 25-10-302, MCA, is amended to read:

"25-10-302. Inclusion of attorney fees in bill of costs. The attorney fees mentioned in 30-9-511, 71-1-233, and 71-3-124 need not be included in the cost bill if they are made a part of the judgment."

NEW SECTION. Section 3. Repealer. Sections 25-10-102, 25-10-106, and 25-10-303, MCA, are repealed.

NEW SECTION. Section 4. Applicability. [This act] applies to actions and proceedings filed after October 1, 1999.

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