Montana Code Annotated 2019



Part 9. Repatriation of Human Remains and Funerary Objects

Appeals -- Stay Of Order Pending Appeal -- Court Costs And Attorney Fees

22-3-917. Appeals -- stay of order pending appeal -- court costs and attorney fees. (1) Within 30 days of a board decision regarding human skeletal remains or a funerary object located within the jurisdiction of the state, either party may file an appeal in the district court in the county in which the subject of the dispute is located. The court may include a grant of attorney fees to the prevailing party when it would serve the interests of justice. The court shall grant an award of costs to the prevailing party. An appeal under this section is subject to the provisions of Title 2, chapter 4, part 7.

(2) The filing of an appeal by either party automatically stays a board order on repatriation of human skeletal remains or funerary objects.

(3) A protection order issued by the board remains in effect until the issue is finally resolved by a state court.

History: En. Sec. 9, Ch. 558, L. 2001.