Montana Statutes of Limitations
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By Olivia Wathne, Esq. | Legally reviewed by FindLaw Staff | Last reviewed January 06, 2025
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Under Montana law, prosecutors and civilians must be mindful of the limitations periods when filing criminal charges or civil lawsuits. State laws set specific time limits on legal actions. This preserves the integrity of evidence and ensures timely proceedings. These limitations laws also prevent the indefinite threat of lawsuits or criminal charges. They allow legal matters to move forward efficiently.
This article will discuss the time limits for criminal and civil cases.
Montana Civil Statutes of Limitations
Montana's civil statutes of limitations set a period of time during which people can file civil actions. This includes torts such as personal injury cases, wrongful death, and medical malpractice claims. For example, in most personal injury and car accident cases, the limitation period is two years from the date of the incident. Certain cases, like medical malpractice or false imprisonment, may be subject to different time limits.
For more detailed information on time limits for specific civil causes of action, read FindLaw's article on Montana Civil Statutes of Limitations.
Montana Criminal Statutes of Limitations
Montana's criminal statutes of limitations set the amount of time prosecutors have to file criminal charges after a crime happens. For most crimes, including misdemeanors, there is a specific year statute of limitations. This can vary depending on the severity of the offense.
Some serious crimes may have longer or no limitations at all. The discovery rule can extend the time frame. This rule starts the clock when the crime is discovered rather than when it happened. Also, the statute may be paused or extended through "tolling" under certain circumstances.
For more detailed information on time limits for specific crimes, read FindLaw's article, Montana Criminal Statute of Limitations.
Get Legal Advice on Montana's Statutes of Limitations Laws
If you're dealing with a legal issue, meeting with a Montana attorney is crucial to understanding how the state's statutes of limitations apply to your case. A lawyer can provide a comprehensive case evaluation. This can help you determine how much time you have to file a claim or respond to charges based on the specific details of your situation.
Since missing a filing deadline could cost you your right to pursue a lawsuit, it's essential to consult a Montana attorney today to protect your rights under Montana law.
Find an attorney with experience in personal injury law for a personal injury lawsuit, or find local attorneys with experience in criminal law if you’re accused of a crime.