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Montana Civil Statute of Limitations Laws

By Olivia Wathne, Esq. | Legally reviewed by FindLaw Staff | Last reviewed January 06, 2025

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 debt collection. These time limits are statutes of limitations. They differ depending on the type of legal action.

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

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.

Tolling and the Discovery Rule

If we look at a given statute of limitations as a clock or stopwatch, then tolling 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 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.

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

If you fail to file a lawsuit within a prescribed period, the opposing party can use 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 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. (§27-2-204(1))
  • For assault and battery, the statute of limitations is two years. (§27-2-204(3))
  • For wrongful death claims, the statute of limitations is three years. But, if the wrongful death is the result of a homicide, it is 10 years. (§27-2-204(2))

Libel/slander

For libel and slander claims, the statute of limitations is two years. (§27-2-204(3))

Fraud

For fraud claims, the statute of limitations is two years. (§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 10 years. (§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. (§27-2-205.)

Trespass

For trespass claims, the statute of limitations is two years. (§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. (§27-2-202)
  • For such collections, where there is no written agreement, the statute of limitations is five years. (§27-2-202.)
  • For such collections, where there is no contract, the statute of limitations is three years. (§27-2-202.)

Contracts
  • For contracts in written form, the statute of limitations is eight years. (§27-2-202(1))
  • For oral contracts, the statute of limitations is five years. (§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. (§27-2-202(3))
  • For such collections, where an agreement in writing cannot be found, the statute of limitations is five years. (§27-2-202(3))
  • For such collections, where there is no agreement, the statute of limitations is three years. (§27-2-202(3))

Judgments

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

Product liability

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

False imprisonment

For false imprisonment claims, the statute of limitations is two years. (§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 laws you are researching.

Research the Law:

Check out the following resources for more information about laws in Montana, including those related to statutes of limitations:

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

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:

Get Legal Advice on Montana's Civil Statutes of Limitations

Missing these deadlines can prevent you from pursuing your claim. If you believe you have a cause of action, consulting a Montana personal injury attorney or seeking a case evaluation from a civil law expert is essential to ensure your case is filed within the required legal timeframe.

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