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What Is the Statute of Limitations in Montana?
The statute of limitations in Montana generally refers to the period during which you may legally file lawsuits or take legal action for crimes in the state. You lose the right to sue if the statute of limitations expires.
In Montana, the statute of limitations may vary depending on the type of offense, the plaintiff’s age or actions, and the defendant’s actions. Here’s an example: you must file a lawsuit within 2 years after a medical malpractice. However, the statute of limitations is four years if the victim was less than four years old when the incident occurred.
Montana’s laws impose statutes of limitations on civil and criminal offenses to protect all concerned parties. Statutes of limitations save would-be defendants from unfair legal actions after a significant period. The statute of limitations in Montana also allows the court system to attend to cases without dealing with backlogs from previous ones.
How Long Is the Statute of Limitations in Montana?
The statute of limitations varies and is usually determined by the type of crime or offense, the date of discovery, and the plaintiff's age. Montana’s statutes impose different statutes of limitations for civil and criminal cases. Civil cases generally involve claims for debt collection or malpractice lawsuits. The statute of limitations for such cases may vary between 2 and 10 years.
The statute of limitations may start counting when the concerned party discovers the incident. For example, the statute of limitations is 10 years for legal malpractice. However, you must file a lawsuit for legal malpractice within 3 years of discovering the incident.
Other statutes of limitations for civil actions include:
- Two years for libel/slander, fraud, assault, and injury to personal property.
- Three years for injury to a person and non-contractual rent collections.
- Five and eight years for written and oral contracts, respectively.
- Ten years for wrongful death as a result of a homicide.
Montana’s statute of limitations for criminal offenses is determined by the severity of the crime and the concerned party’s age. All misdemeanors carry a one-year statute of limitations, while felonies have different durations. For instance, it is five years for theft-related offenses. There are also instances when the state imposes no time limit for filing lawsuits for specific offenses. This means aggrieved parties may file a lawsuit at any time for such offenses. Sex-related offenses against minors often have no statute of limitations.
| Case Type | Statute of Limitations | Note |
|---|---|---|
| Misdemeanors | One year | There are no exceptions under Montana statutes. |
| Felony | 3 to 10 years | Some felonies, such as sex crimes against minors, have no time limit for filing lawsuits. |
| Infractions | One year | Exceptions may occur if the incident led to loss of life or property. |
| Civil Statutes | 2 to 10 years. |
What Crimes Have No Statute of Limitations in Montana
In Montana, crimes like homicide and sexual assaults against minors have no statute of limitations. The state generally sets no limits since the public’s interests in justice likely outweigh the benefits of the statute of limitations. In other words, these crimes are generally so heinous that the public wants to see the offenders convicted even if the crime occurred decades ago.
Beyond crime types, the state also imposes no time limit if:
- The perpetrator is not a state resident.
- There is a pending prosecution for the same crime.
- The offender is a public officer charged with embezzlement of public funds.
That being said, the following crimes have no statute of limitations in Montana:
- Deliberate or negligent homicide.
- Sexual assault if the victim was under 18 years old.
- Sexual intercourse without consent in which the victim was below 18 at the time of the offense.
- Indecent exposure if the victim was under 18 at the time of the offense.
Criminal Statute of Limitations in Montana
Criminal statutes of limitations in Montana refer to the timeframe during which the state may prosecute offenders for crimes. The statute of limitations for criminal offenses may vary based on the severity and age. Misdemeanors generally have a short timeframe between 1 and 3 years, while felony crimes generally have a longer statute of limitations. Note that there are exceptions or instances when the state extends the statute of limitations. For instance, the time limit extends when the suspect leaves the state or is being evasive. Other instances include the following:
- If the victim or plaintiff has a disability that prevents them from pursuing legal action, the state will extend the statute of limitations by five years.
- The plaintiff dies before the statute of limitations expires.
- The offender is a citizen of a country that is currently at war with the US. 27-2-403.
| Type of problem or case | Deadline |
|---|---|
| Driving-related incidents that led to death | Three years from the date of death. |
| Sex-related crimes in which the victim was older than 18 years old. | 10 years from the time of the offense. |
| Sex-related crimes in which the victim was below 18 years old | No time limit. |
| Unlawful use of a computer | One year from the discovery date. |
| Other felonies | Five years from the date of the offense. |
| Misdemeanor violation of fish, wildlife, or outfitter activity laws. | Three years from the date of the offense. |
| Theft involving breach of fiduciary duty | One year after the discovery of the breach. |
Is There a Statute of Limitations on Attempted Murder?
No, there is no statute of limitations for attempted murder in Montana. In addition, the state laws do not impose time limits for deliberate, mitigated, or negligent homicide. Nevertheless, attempted murder is a serious felony offense that is punishable by up to 30 years in jail. Aggrieved parties may file a legal action for such crimes anytime after the incident. Note that it is preferable to immediately file a claim after the incident or discovery to prevent issues concerning insufficient evidence.
Statute of Limitations on Sexual Assault in Montana
Montana’s sexual assault statutes of limitations are covered under the MCA 27-2-204 and 27-2-216. The statute of limitations for sexual assault largely depends on the victim’s age. For instance, the limit for filing sexual assault claims in Montana is 2 years if you were above 18 at the time of the incident. However, minors who were victims of sexual assault must file a claim before they turn 27 years old.
The discovery time also applies in sexual assault cases. Per the state law, the statute of limitations is extended for three years after the victim discovers they were sexually assaulted. There is no age limit in the discovery clause.
Note: Sexual assault is a broad term that covers all sex-related incidents that involve physical injury as a result of unwanted or offensive touching. Thus, the term could refer to sex crimes like molestation, groping, or rape.
Civil Statute of Limitations in Montana
In Montana, civil statutes of limitations are time limits for filing a civil action. The time limits may vary based on the offense type and discovery date. Plaintiffs legally lose the right to file civil claims after the statute of limitations expires. In such instances, the offender may file a motion to dismiss the cases on the basis that the statute of limitations has expired. However, this is not always effective since the court may reopen the case in light of new evidence.
Note: Civil actions could include lawsuits for breached contracts, malpractice, or debt collection claims.
| Case | Time Since | Statutes |
|---|---|---|
| Injury to Person | Two years after the incident. Three years after a wrongful death claim. | MCA §27-2-204 |
| Libel/Slander | Two years from the incident or the discovery date. | MCA §27-2-204 |
| Fraud | Two years from the discovery date. | MCA §27-2-203 |
| Injury to Personal Property | Two years from the incident. | MCA §27-2-207(2) |
| Trespass | Two years from the incident date, | MCA §27-2-207(2) |
Statute of Limitations for Medical Malpractice in Montana
The medical malpractice statute of limitations in Montana refers to the timeframe for starting a legal action against a medical practitioner. The statute of limitations is 2 years after the incident occurred or was discovered. Nevertheless, you must commence an action within five years after the incident occurred. Montana law allows the extension (tolling) of the statute of limitations if the defendant was aware of the incident but failed to disclose it.
The statute of limitations is different if the victim is a minor. The time limit will run only when the minor dies or reaches the age of eight.
Common medical malpractice cases and their corresponding statute of limitations.
| Medical malpractice-related offenses | Statute of limitations |
|---|---|
| Medication-related errors | 2 years from the incident or discovery date. |
| Improper treatment | 2 years from the incident or discovery date. |
| Surgery-related errors | 2 years from the incident or discovery date. |
| Medical negligence during childbirth. | 2 years from the incident or discovery date. |
Statute of Limitations for Debt in Montana
Montana state laws impose statutes of limitations on debt collection. In other words, you may only file a debt collection lawsuit within the set timeframe. The time limit may vary based on the debt type and form of agreement. In Montana, debts resulting from written and oral contracts have an eight- and five-year statute of limitations, respectively.
The Mont. Code Ann. § 27-1-717 imposes a six-year statute of limitations for filing debt collection lawsuits for bad checks. Note that the debt remains even after the statute of limitations expires. However, creditors are unable to legally file lawsuits to reclaim debts. The debt, however, remains on the debtor’s records even after the time limit ends. The debt may affect their credit score and reduce their chances of employment or accommodation.
| Loan or Debt Type | Statute of Limitations |
|---|---|
| Personal loan | 8 years if in a written contract. 5 years if in an oral contract. |
| Mortgage | 8 years if in a written contract. 5 years if in an oral contract. |
| Auto loan | 8 years if in a written contract. 5 years if in an oral contract. |
| Bad checks | 6 years. |
| Credit card loan | 8 years if in a written contract. 5 years if in an oral contract. |
| Student loan | 8 years if in a written contract. 5 years if in an oral contract. |
Statute of Limitations for Child Abuse and Child Support in Montana
Montana imposes different statutes of limitations based on the offense type and the victim’s age. There is no statute of limitations for most non-sexual child abuse. However, the state law states that victims of child sexual abuse may file for sexual abuse lawsuits before they reach 27 years old. The discovery rule also allows victims to file lawsuits within 3 years of discovering the incident. The statute of limitations for child support expires when the child is 18. However, the law requires the father to pay all debts accrued within 2 years before the lawsuit for paternity was filed.