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MT · rules

Mont. R. App. P. 19

Relief

activein force · 2021-10-12 – presentact-effective-date

(1) Dispositions. Dispositions are as follows:

(a) Affirm. The supreme court’s decision to uphold a decision of the district

court constitutes an affirmance of that portion of the judgment or order of the

district court from which the party took the appeal.

(b) Reverse. The supreme court’s decision to overturn or modify a decision of

the district court constitutes a reversal of that portion of the judgment or order

of the district court from which the party took the appeal.

(c) Remand. The supreme court’s decision to overturn all or some part of the

decision of the district court from which the party took the appeal may

require that district court to apply the supreme court’s ruling in further

proceedings consistent with the supreme court’s decision.

(2) Dismissals. Unless otherwise ordered, the supreme court’s dismissal of an appeal

or cross-appeal is with prejudice and constitutes the final judgment of the supreme

court. In the event the supreme court dismisses the appeal or cross-appeal, each

party shall bear its own costs unless otherwise stipulated by the parties or ordered

by the supreme court.

(3) Costs.

(a) Costs on appeal. Costs on appeal will be awarded to the prevailing party

unless otherwise specifically provided by the supreme court in its decision.

Taxable costs include costs of reproducing briefs and necessary appendices,

costs incurred in transmission of the record, cost of the reporter’s transcript

if necessary for the determination of the appeal, and the fee for filing the

notice of appeal. In the event that a dispute arises over which party has

prevailed, that dispute, as well as the matter of costs, shall be resolved by the

district court.

(b) Costs in extraordinary writs and original proceedings.

(i) Costs in extraordinary writ proceedings will be awarded only in the

supreme court’s discretion when special circumstances warrant an

award.

(ii) Any costs awarded to the petitioner or relator in proceedings seeking

writs of supervisory control will be assessed against the real party in

interest, rather than against the state, county, municipality,

subdivision, judge, or justice.

(iii) Costs in original proceedings will be awarded to the prevailing party

unless otherwise specifically provided by the supreme court in its

decision.

(4) Interest on judgments. If a judgment for money in a civil case is affirmed,

whatever interest is allowed by law shall be payable from the date the judgment was

rendered or made in the district court. If a judgment is modified or reversed with a

direction that a judgment for money be entered in the district court, the mandate

shall contain instructions with respect to allowance of interest.

(5) Sanctions. The supreme court may, on a motion to dismiss, a request included in

a brief, or sua sponte, award sanctions to the prevailing party in an appeal, cross -

appeal, or a motion or petition for relief determined to be frivolous, vexatious, filed

for purposes of harassment or delay, or taken without substantial or reasonable

grounds. Sanctions may include costs, attorney fees, or such other monetary or non-monetary penalty as the supreme court deems proper under the circumstances.

Provenance

Source
courts.mt.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
acfe74099c8b844cc28e2581942b5b11dcdb35fcff079725acde8911493fed1b
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Mont. R. App. P. 19 — Relief · binding.law