Mont. Code Ann. § 27-34-110
Costs, attorney fees, and expenses
27-34-110 . Costs, attorney fees, and expenses. On a motion under 27-34-103 , the court shall award court costs, reasonable attorney fees, and reasonable litigation expenses related to the motion:
(1) to the moving party if the moving party prevails on the motion; or
(2) to the responding party if the responding party prevails on the motion and the court finds that the motion was frivolous or filed solely with intent to delay the proceeding.