1. MCA Contents
  2. TITLE 25
  3. CHAPTER 33
  4. Part 3
  5. 25-33-304 Dismissal of appeal upon delay -- costs and damages

Montana Code Annotated 2023

TITLE 25. CIVIL PROCEDURE

CHAPTER 33. APPEAL TO DISTRICT COURT FROM JUSTICES' AND CITY COURTS

Part 3. Proceedings in District Court

Dismissal Of Appeal Upon Delay -- Costs And Damages

25-33-304. Dismissal of appeal upon delay -- costs and damages. For a failure to prosecute an appeal or unnecessary delay in bringing it to a hearing, the district court may order the appeal to be dismissed, with costs; and if it appear to such court that the appeal was made solely for delay, it may add to the costs such damages as may be just, not exceeding 25% of the judgment appealed from.

History: En. Sec. 1766, C. Civ. Proc. 1895; re-en. Sec. 7127, Rev. C. 1907; re-en. Sec. 9760, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 980; re-en. Sec. 9760, R.C.M. 1935; R.C.M. 1947, 93-7907(part).