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Montana Civil Statute of Limitations Laws

By FindLaw Staff | Legally reviewed by Garrett Monteagudo, Esq. | Last reviewed December 19, 2022

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw’s team of legal writers and attorneys and in accordance with our editorial standards.

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors. 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.

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

Generally speaking, statutes of limitations are meant to preserve the integrity of physical evidence and witness testimony. They are also meant to remove the constant threat of a lawsuit hanging over the head of a defendant indefinitely.

Montana Civil Statutes of Limitations

Montana's time limits for filing a civil action generally range from two to three years. However, actions for collection on the value of a court judgment carry a ten-year limit.

Tolling and the Discovery Rule

If we look at a given statute of limitations as a clock or stopwatch, then tolling refers to the way that time is recorded. So, if you suffer a personal injury but don't discover it until four years after the accident, the discovery rule allows you to begin tolling at the time the injury is 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 a number of years before they are legally able to file a lawsuit.

What If I Miss a Deadline to File a Civil Lawsuit In Montana?

If you fail to file a lawsuit within a prescribed time period, then the opposing party can assert the statute of limitations as a defense.

The opposing party can file a motion to dismiss 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.

Below is a summary of civil statutes of limitations in Montana. See FindLaw's "Details on State Civil Statute of Limitations" and "Time Limits to Bring a Case: 'The Statute of Limitations'" to learn more.

Injury to Person
  • For injury, the statute of limitations is three years. (Refer to §27-2-204(1).)
  • For assault and battery, the statute of limitations is two years. (Refer to §27-2-204(3).)
  • For wrongful death claims, the statute of limitations is three years. However, if the wrongful death is the result of a homicide, it is 10 years. (Refer to §27-2-204(2).)

Libel/Slander
  • For libel and slander claims, the statute of limitations is two years. (Refer to §27-2-204(3).)

Fraud
  • For fraud claims, the statute of limitations is two years. (Refer to §27-2-203.)

Injury to Personal Property
  • For claims related to personal property damage, the statute of limitations is two years. (Refer to §27-2-207(2).)

Professional Malpractice
  • For legal malpractice, the statute of limitations is three years from discovery. The maximum amount of time allowed is ten years. (Refer to §27-2-206.)
  • For medical malpractice claims, the statute of limitations is two years from the time of discovery. The maximum amount of time is five years. (Refer to §27-2-205.)

Trespass
  • For trespass claims, the statute of limitations is two years. (Refer to §27-2-207(1).)

Collection of Rents
  • For collection of rents, where a rental agreement or other relevant agreement is in writing, the statute of limitations is eight years. (Refer to §27-2-202.)
  • For such collections, where an agreement in writing cannot be found, the statute of limitations is five years. (Refer to §27-2-202.)
  • For such collections, where no contract can be found or identified, the statute of limitations is three years. (Refer to §27-2-202.)

Contracts
  • For contracts in written form, the statute of limitations is eight years. (Refer to §27-2-202(1).)
  • For oral contracts, the statute of limitations is five years. (Refer to §27-2-202(2).)

Collection of Debt on Account
  • For collection of debts, where an agreement is in writing, the statute of limitations is eight years. (Refer to §27-2-202(3).)
  • For such collections, where an agreement in writing cannot be found, the statute of limitations is five years. (Refer to §27-2-202(3).)
  • For such collections, where no agreement can be found or identified, the statute of limitations is three years. (Refer to §27-2-202(3).)

Judgments
  • For collections on a judgment, the statute of limitations is 10 years (Refer to §27-2-201(2).)

Product Liability
  • For product liability claims, the statute of limitations is three years. (Refer to §27-2-204(1).)

False Imprisonment
  • For false imprisonment claims, the statute of limitations is two years. (Refer to § 27-2-204(3).)

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 law(s) you are researching.

Research the Law:

Consider reviewing the following resources for more information about all laws in Montana, including those related to statutes of limitations:

  • At Montana Law, you'll find links to all laws of the state, including those related to statutes of limitations.
  • At Official State Codes, you'll find links to the official online statutes (laws) in all 50 states and the District of Columbia.

Civil Statutes of Limitations: Related Resources

Consider reviewing the following, as well, for more information about laws and legal issues related to statutes of limitations:

Don't Miss Your Filing Deadlines: Get Legal Help Today

A good Montana attorney will know the state's statutes as they apply to Montana's "discovery of harm" rule, tolling of statutes for incapacity, and other key factors that will ensure that your lawsuit is not barred by the statute of limitations. So, if you're dealing with a legal matter where you may be compensated, you should contact a Montana litigation attorney for some peace of mind.

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