Montana Statute of Limitations: Filing Deadlines by Case Type
What Is a Statute of Limitations?
A statute of limitations is a law that sets a maximum time period for filing a legal action after an event occurs. Once the deadline passes, you lose the right to bring your claim in court. Montana establishes these time limits for both civil lawsuits and criminal prosecutions under Title 27, Chapter 2 (civil) and Title 45, Chapter 1, Part 2 (criminal) of the Montana Code Annotated (MCA).
These deadlines exist to protect defendants from facing claims long after evidence has been lost or witnesses have become unavailable. They also encourage plaintiffs to pursue their legal rights within a reasonable time frame. Missing the filing deadline in Montana almost always results in permanent loss of your legal claim.
Montana Civil Statute of Limitations
Montana's civil statute of limitations governs deadlines for filing lawsuits in state courts. The time limits vary based on the type of civil action. Filing after the deadline allows the defendant to raise the statute of limitations as an affirmative defense and request dismissal.
Personal Injury Claims
Most personal injury lawsuits in Montana must be filed within 3 years from the date of injury under MCA 27-2-204. This includes car accidents, slip-and-fall injuries, and general negligence claims.
However, certain personal injury subcategories have shorter deadlines:
- Assault and battery: 2 years (MCA 27-2-204(3))
- False imprisonment: 2 years (MCA 27-2-204(3))
- Malicious prosecution: 2 years (MCA 27-2-204(3))
Wrongful Death
A wrongful death action must be brought within 3 years from the date of death under MCA 27-2-204(2). When death results from a homicide, the deadline extends to 10 years from the date of death, giving families of homicide victims considerably more time to pursue civil justice.
Product Liability
Product liability claims in Montana carry a 3-year statute of limitations under MCA 27-2-204(1). The clock starts running from the date the injury occurs or, under certain circumstances, from the date the plaintiff discovers or reasonably should have discovered the injury.
Defamation (Libel and Slander)
Claims for defamation, including both libel (written) and slander (spoken), must be filed within 2 years under MCA 27-2-204(3).
Property Damage
Lawsuits for damage to personal property or trespass on real property must be filed within 2 years under MCA 27-2-207. This covers vehicle damage, vandalism, and other harm to tangible property.
Fraud
Actions based on fraud or mistake carry a 2-year statute of limitations under MCA 27-2-203. The time period begins when the aggrieved party discovers the facts that constitute the fraud or mistake, or when they should have discovered those facts with reasonable diligence.
Contract Disputes
Montana's deadlines for contract-related claims depend on whether the agreement was written or oral.
Important: SB143 changed these deadlines effective October 1, 2025.
| Contract Type | Previous Deadline | Current Deadline (After Oct. 1, 2025) | Statute |
|---|---|---|---|
| Written contracts | 8 years | 6 years | MCA 27-2-202(1) |
| Oral contracts | 5 years | 5 years (unchanged) | MCA 27-2-202(2) |
| Other obligations not in writing | 3 years | 3 years (unchanged) | MCA 27-2-202(3) |
SB143 was signed into law during the 2025 legislative session and applies to all actions filed on or after October 1, 2025. If your claim involves a written contract, note this reduced timeline.
Debt Collection
The statute of limitations on debt collection in Montana follows the contract rules above. A creditor has 6 years (previously 8 years) to sue on a written debt agreement and 5 years for oral agreements. Court judgments remain enforceable for 10 years under MCA 27-2-201(2), and creditors can petition to renew judgments before they expire.
Professional Malpractice
Montana separates malpractice claims into two categories with different deadlines:
Medical malpractice (MCA 27-2-205):
- 3 years from the date of injury or discovery of the injury
- Maximum of 5 years from the date of the negligent act (statute of repose), regardless of when the injury is discovered
- Exception: If the healthcare provider fraudulently concealed a medical error, the 5-year cap does not apply, and the 3-year clock starts upon reasonable discovery
Legal malpractice (MCA 27-2-206):
- 3 years from discovery of the malpractice
- Maximum of 10 years from the date the malpractice occurred (statute of repose)
Construction and Land Surveying Defects
Claims for damages arising from construction or land surveying work also changed under SB143. The statute of limitations was reduced from 10 years to 6 years. If an injury occurs during the sixth year, the plaintiff has one additional year from the date of injury to file suit.
Civil Statutes of Limitations Summary Table
| Claim Type | Time Limit | Statute |
|---|---|---|
| Personal injury (general) | 3 years | MCA 27-2-204 |
| Assault and battery | 2 years | MCA 27-2-204(3) |
| Wrongful death | 3 years (10 years for homicide) | MCA 27-2-204(2) |
| Product liability | 3 years | MCA 27-2-204(1) |
| Libel/slander | 2 years | MCA 27-2-204(3) |
| Fraud | 2 years from discovery | MCA 27-2-203 |
| Property damage/trespass | 2 years | MCA 27-2-207 |
| Written contracts | 6 years | MCA 27-2-202(1) |
| Oral contracts | 5 years | MCA 27-2-202(2) |
| Medical malpractice | 3 years (5-year repose) | MCA 27-2-205 |
| Legal malpractice | 3 years (10-year repose) | MCA 27-2-206 |
| Construction defects | 6 years | MCA 27-2-208 |
| Court judgments | 10 years (renewable) | MCA 27-2-201(2) |
| False imprisonment | 2 years | MCA 27-2-204(3) |
Montana Criminal Statute of Limitations
Montana's criminal statute of limitations determines how long prosecutors have to file criminal charges after an offense occurs. These deadlines are established under MCA 45-1-205 and MCA 45-1-206.
No Time Limit (No Statute of Limitations)
Montana does not place any time limit on prosecution for the following crimes:
- Deliberate homicide (MCA 45-5-102)
- Mitigated deliberate homicide (MCA 45-5-103)
- Negligent homicide (MCA 45-5-104)
- Sexual offenses against victims under 18, including sexual assault, sexual intercourse without consent, indecent exposure, incest, sexual abuse of children, and ritual abuse of minors (MCA 45-5-502, 45-5-503, 45-5-504, 45-5-507, 45-5-508, 45-5-602, 45-5-603, 45-5-625, 45-5-627, 45-5-704, 45-5-705)
Prosecutors can bring charges for these offenses at any time, regardless of how many years have passed since the crime occurred.
Felony Time Limits
Most felonies in Montana must be prosecuted within 5 years after the offense is committed. Certain felonies carry a longer deadline:
- Felony sexual offenses (adult victims): 10 years (MCA 45-5-502, 45-5-503, 45-5-504, 45-5-507(4) or (5), 45-5-625, 45-5-627)
- Theft involving breach of fiduciary obligation: 1 year from discovery of the offense
- Unlawful use of a computer: 1 year from discovery of the offense
- All other felonies: 5 years
Misdemeanor Time Limits
Montana requires that most misdemeanors be prosecuted within 1 year of the offense. There are two exceptions:
- Fish and wildlife violations under Title 87: 3 years
- Outfitter and guide law violations under Title 37, Chapter 47: 3 years
When the Clock Starts
The statute of limitations begins running on the day after the offense is committed. An offense is considered committed when every element of the crime has occurred. For continuing offenses, the clock starts when the course of criminal conduct ends.
Tolling of the Criminal Statute
Under MCA 45-1-206, the statute of limitations stops running (is "tolled") in several situations:
- The accused is absent from the state or has no reasonably ascertainable residence within Montana
- The accused is in hiding to avoid prosecution
- A prosecution is already pending against the accused for the same conduct
The clock resumes once the tolling condition ends.
Criminal Statutes of Limitations Summary Table
| Offense Type | Time Limit | Statute |
|---|---|---|
| Deliberate/mitigated/negligent homicide | No limit | MCA 45-1-205(1)(a) |
| Sexual offenses against minors (under 18) | No limit | MCA 45-1-205(1)(b) |
| Felony sexual offenses (adult victims) | 10 years | MCA 45-1-205(4) |
| Theft (breach of fiduciary duty) | 1 year from discovery | MCA 45-1-205(5)(a) |
| Unlawful computer use | 1 year from discovery | MCA 45-1-205(5)(b) |
| Other felonies | 5 years | MCA 45-1-205(2)(a) |
| Most misdemeanors | 1 year | MCA 45-1-205(2)(b) |
| Fish and wildlife misdemeanors | 3 years | MCA 45-1-205(3)(a) |
| Outfitter/guide misdemeanors | 3 years | MCA 45-1-205(3)(b) |
Tolling and Exceptions in Montana Civil Cases
Montana law provides several circumstances that can pause or extend the statute of limitations for civil claims.
The Discovery Rule
Montana applies the discovery rule in many civil cases. Under this rule, the statute of limitations does not begin running until the plaintiff discovers (or through reasonable diligence should have discovered) the injury and its cause. This is particularly important in cases involving fraud, medical malpractice, and toxic exposure where harm may not be immediately apparent.
Tolling for Minors and Persons With Disabilities
Under MCA 27-2-401, the statute of limitations is tolled (paused) when the plaintiff is a minor (under 18) or has been committed by a court for treatment of mental illness at the time the cause of action accrues. In those cases:
- For minors, the statute of limitations begins running on their 18th birthday
- For persons committed for mental illness treatment, the tolling extension cannot exceed 5 years
- Medical malpractice claims have separate tolling rules under MCA 27-2-205 and may not receive the same extensions
Defendant Absent From State
If the defendant leaves Montana after a cause of action accrues, the time of absence is not counted toward the statute of limitations. This prevents defendants from avoiding lawsuits by relocating to another state.
2025 Legislative Changes (SB143)
Montana's 2025 legislative session produced a significant change to civil filing deadlines. Senate Bill 143 took effect on October 1, 2025, and made the following adjustments:
- Written contracts: Reduced from 8 years to 6 years (MCA 27-2-202(1))
- Construction and land surveying claims: Reduced from 10 years to 6 years, with a 1-year extension if injury occurs during the sixth year
These changes apply only to actions filed on or after October 1, 2025. They do not apply retroactively to cases already filed before that date. If you have a claim involving a written contract or construction defect, consult a Montana attorney to understand how SB143 affects your specific deadline.
Practical Tips for Montana Filing Deadlines
Filing a lawsuit or responding to criminal charges in Montana requires attention to these time limits. Here are some guidelines to keep in mind.
Do not wait until the last minute. Courts measure deadlines strictly. If the last day falls on a weekend or holiday, you may have until the next business day, but relying on this is risky.
Document everything early. Gather evidence, medical records, photographs, and witness statements as soon as possible. Waiting reduces the quality of evidence and weakens your case.
Consult an attorney promptly. A Montana attorney can help determine exactly when your statute of limitations began running and whether any tolling provisions apply.
Watch for claim notice requirements. Certain claims against government entities may require a preliminary notice of claim before you can file a lawsuit, and these notice deadlines are often shorter than the statute of limitations itself.
More Montana Laws
Sources and References
- Montana Code Annotated Title 27, Chapter 2 - Statutes of Limitations(leg.mt.gov).gov
- MCA 27-2-204 - Actions for Injury to Person(leg.mt.gov).gov
- MCA 27-2-202 - Actions on Written or Oral Contracts(leg.mt.gov).gov
- MCA 27-2-205 - Actions for Medical Malpractice(leg.mt.gov).gov
- MCA 27-2-206 - Actions for Legal Malpractice(leg.mt.gov).gov
- MCA 45-1-205 - General Time Limitations (Criminal)(leg.mt.gov).gov
- MCA 45-1-206 - Extended Time Limitations(leg.mt.gov).gov
- MCA 27-2-401 - Tolling for Disability(leg.mt.gov).gov
- Montana SB143 (2025) - Revise Statutes of Limitations(legiscan.com)
- Montana Department of Justice - Statute of Limitations Reference(dojmt.gov).gov
- MCA 27-2-203 - Actions Based on Fraud or Mistake(leg.mt.gov).gov
- MCA 27-2-207 - Actions for Injury to Property(leg.mt.gov).gov