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Montana Statute of Limitations

Time limits for filing civil lawsuits in Montana. The statute of limitations varies by claim type. Once the deadline passes, you generally cannot file suit.

Data last updated: Apr 16, 2026

Key Takeaways

  • Written Contracts: 8 years (Mont. Code § 27-2-202).
  • Oral Contracts: 5 years (Mont. Code § 27-2-202).
  • Personal Injury: 3 years (Mont. Code § 27-2-204).
  • Property Damage: 2 years (Mont. Code § 27-2-207).

Montana Statute of Limitations by Claim Type

Claim Type Time Limit Statute Notes
Written Contracts 8 years Mont. Code § 27-2-202 Accrues on the date of breach.
Oral Contracts 5 years Mont. Code § 27-2-202 Accrues on the date of breach.
Personal Injury 3 years Mont. Code § 27-2-204 Accrues on the date of injury or discovery.
Property Damage 2 years Mont. Code § 27-2-207 Accrues when damage occurs.
Medical Malpractice 3 years Mont. Code § 27-2-205 3 years from the act or from discovery. 5-year statute of repose.
Debt Collection 8 years Mont. Code § 27-2-202 Written debts: 8 years. Oral debts: 5 years.
Fraud 2 years Mont. Code § 27-2-203 2 years from discovery of the fraud.

General Notes for Montana

Montana provides an 8-year period for written contract claims, one of the longer periods nationally. The discovery rule applies to personal injury, medical malpractice, and fraud claims. Montana has a 5-year statute of repose for medical malpractice.

Related Resources

Frequently Asked Questions

  • What is the statute of limitations for debt in Montana?

    Written debts have an 8-year statute of limitations, while oral debts have a 5-year limit.

  • How long do I have for a personal injury claim in Montana?

    You have 3 years from the date of injury or from when you discovered or should have discovered the injury.

  • Does Montana have a statute of repose for medical malpractice?

    Yes. Montana has a 5-year statute of repose from the date of the act, providing an outer limit for claims.

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