§ Rule 16 Dismissal of appeal in civil actions-costs and damages

Codes > Montana Code > Title 25 > Montana Uniform : Part 2400 > Rule 16

Rule 16. Dismissal of appeal in civil actions--costs and damages

    (a) Dismissal of appeal upon delay--costs and damages. For failure to prosecute an appeal or unnecessary delay in a civil action, the district court may order the appeal dismissed, with costs, and if it appears to the district court that the appeal was made solely for delay, the district court may add to the costs such damages as may be just, not exceeding 25% of the judgment appealed from.

    (b) Attorney fees and costs when appeal unsuccessful.

        (1) In a civil action if the party appealing fails to reduce the judgment against him or to enlarge the judgment in his favor appealed from $10 or more or reverse the same in the district court, he shall not recover any costs of appeal.

        (2) In a civil action if the parties are represented by counsel on appeal, the district court may grant the prevailing party reasonable attorney fees, in addition to costs.