{"id":374581,"date":"2016-03-31T21:35:49","date_gmt":"2016-04-01T02:35:49","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/montana-law\/montana-civil-statute-of-limitations-laws.html"},"modified":"2025-01-06T16:59:38","modified_gmt":"2025-01-06T21:59:38","slug":"montana-civil-statute-of-limitations-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/montana-law\/montana-civil-statute-of-limitations-laws.html","title":{"rendered":"Montana Civil Statute of Limitations Laws"},"content":{"rendered":"\n
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Montana Civil Statute of Limitations Laws<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Every state enforces strict time limits for filing a civil action. Examples of civil actions include malpractice lawsuits or claims for debt collection. These time limits are statutes of limitations<\/a>. They differ depending on the type of legal action.<\/p>\r\n

Generally, statutes of limitations preserve the integrity of physical evidence<\/a> and witness testimony. They are also to remove the constant threat of a lawsuit hanging over a defendant’s head indefinitely.s<\/p>\r\n

Montana statutes of limitations for filing a civil action range from two to three years. But, actions for collection on the value of a court judgment carry a 10-year limit.<\/p>\r\n

Tolling and the Discovery Rule<\/b><\/h2>\r\n

If we look at a given statute of limitations as a clock or stopwatch, then tolling<\/a> is how that time gets recorded. So, if you suffer a personal injury but don’t discover it until four years after the accident, the discovery rule<\/a> allows you to begin tolling at the time the injury gets discovered. It also applies to when someone discovers the cause of an injury. Another example is when an injured party is a minor and must wait several years before they are legally able to file a lawsuit.<\/p>\r\n

What If I Miss a Deadline to File a Civil Lawsuit In Montana?<\/b><\/h2>\r\n

If you fail to file a lawsuit within a prescribed period, the opposing party can use the statute of limitations as a defense.<\/p>\r\n

The opposing party can file a motion to dismiss<\/a> the case by alleging that the time allowed to file a lawsuit has passed. Once the judge dismisses the case, your legal claim is lost forever.<\/p>\r\n

Below is a summary of civil statutes of limitations in Montana. See Details on State Civil Statute of Limitations<\/a> and Time Limits to Bring a Case: The Statute of Limitations<\/a> to learn more.<\/p>\r\n\r\n

Injury to person<\/p>\r\n<\/th>\r\n

Libel\/slander<\/p>\r\n<\/th>\r\n

For libel and slander claims, the statute of limitations is two years. (\u00a727-2-204(3)<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Fraud<\/p>\r\n<\/th>\r\n

For fraud claims, the statute of limitations is two years. (\u00a727-2-203<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Injury to personal property<\/p>\r\n<\/th>\r\n

For claims related to personal property damage, the statute of limitations is two years. (Refer to \u00a727-2-207(2).<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Professional malpractice<\/p>\r\n<\/th>\r\n

Trespass<\/p>\r\n<\/th>\r\n

For trespass claims, the statute of limitations is two years. (\u00a727-2-207(1)<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Collection of rents<\/p>\r\n<\/th>\r\n

Contracts<\/p>\r\n<\/th>\r\n

Collection of debt on account<\/p>\r\n<\/th>\r\n

Judgments<\/p>\r\n<\/th>\r\n

For collections on a judgment, the statute of limitations is 10 years (\u00a727-2-201(2)<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

Product liability<\/p>\r\n<\/th>\r\n

For product liability claims, the statute of limitations is three years. (\u00a727-2-204(1)<\/a>)<\/p>\r\n<\/td>\r\n<\/tr>

False imprisonment<\/p>\r\n<\/th>\r\n

For false imprisonment claims, the statute of limitations is two years. (\u00a727-2-204(3)<\/a>)<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: State laws are always subject to change, usually through legislation, ballot initiative, or court ruling. Contact a Montana attorney or conduct your own legal research to verify the state laws you are researching.<\/i><\/p>\r\n

Research the Law:<\/b><\/h2>\r\n

Check out the following resources for more information about laws in Montana, including those related to statutes of limitations:<\/p>\r\n