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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kunst v. Pass, 1998 MT 71 (1998)

Citation
Kunst v. Pass, 1998 MT 71 (1998)
Parent Document
Kunst v. Pass, 1998 MT 71 (1998)
Jurisdiction
Montana (state)
Effective Date
1998-03-31

Other Sections in This Document (71)

Full Text

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¶38 Finally, attorney's fees may be awarded only to a "prevailing party,"
which "means the party in whose favor final judgment is rendered." Section
70-24-442(2), MCA.   It was thus entirely proper and necessary for Plaintiffs
to wait until after the court had granted them a directed verdict to file a motion
for attorney's fees.   See § 70-24-442(1), MCA.   Plaintiffs immediately
requested attorney's fees at the hearing where the court granted a directed
verdict, but the court stated it would not consider the motion until a later date
after the jury had rendered its verdict. Indeed the court conceded that it
probably gave them twenty days after the verdict to file their motion. Montana
does not have a statute that provides for a mandatory time limit for filing such
a motion, such as the statute that requires the bill of costs to be filed within
five days of the verdict. Section 25-10-501, MCA. In sum, we hold that the
Plaintiffs' request for attorney's fees was timely.