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Montana Statute of Limitations (2026)

Civil filing deadlines in Montana under MCA tit. 27, ch. 2 — eight years on a written contract, three for most torts, but only two for property damage and defamation.

✓ Last verified: Sep 2026

Claim Types

claim types tracked

Filing Range

2–8

year filing range

Govt. Notice

yrs to notify govt.

3 of these entries are marked “Unverified.” They have been added to the register but not yet checked line-by-line against the current statute text. Treat those figures as a starting point only, and confirm the citation at its official source before relying on it.

3 YEARS

Personal Injury

Three years from accrual for general tort and personal injury.

Mont. Code Ann. § 27-2-204(1) ✓ Verified

2 YEARS

Medical Malpractice

Two years from the injury or from discovery, whichever is later, with a five-year cap from the date of injury.

Mont. Code Ann. § 27-2-205 ✓ Verified

8 YEARS

Written Contract

Eight years on a written contract — four times what Montana gives property damage.

Mont. Code Ann. § 27-2-202(1) ✓ Verified

2 YEARS

Property Damage

Two years for damage to real or personal property — a year LESS than Montana gives personal injury.

Mont. Code Ann. § 27-2-207 ✓ Verified

2 YEARS

Defamation

Two years for libel or slander — a year less than Montana's general tort period.

Mont. Code Ann. § 27-2-204(3) ✓ Verified

3 YEARS

Product Liability

Three years for personal injury caused by a defective product.

Mont. Code Ann. § 27-2-204(1) Unverified

3 YEARS

Wrongful Death

Three years.

Mont. Code Ann. § 27-2-204(2) ✓ Verified

2 YEARS

Fraud

Two years, with accrual generally delayed until discovery of the facts constituting the fraud.

Mont. Code Ann. § 27-2-203 Unverified

5 YEARS

Breach of Oral Contract

Five years on an unwritten contract, account or promise.

Mont. Code Ann. § 27-2-202(2) ✓ Verified

3 YEARS

Legal Malpractice

Three years, reportedly, under the dedicated legal malpractice section.

Mont. Code Ann. § 27-2-206 Unverified

2 YEARS

Assault & Battery

Two years — Montana carves assault out of the three-year general tort period.

Mont. Code Ann. § 27-2-204(3) ✓ Verified

2 YEARS

Trespass to Land

Two years for trespass.

Mont. Code Ann. § 27-2-207 ✓ Verified

years

Government claims notice

Separate limits for local government claims — Mont. Code Ann. §§ 27-2-209, 2-9-301 MCA § 27-2-209 sets its own periods for actions against a local government or local government official, separate from the general tort rules. Claims against the State must be presented to the Department of Administration under § 2-9-301 before suit. Not confirmed against primary text; URL points at the ch. 2 part index.

Common Questions About Montana Deadlines

What is the statute of limitations in Montana?

It depends on the type of claim. Montana filing deadlines range from 2 years to 8 years — for example, personal injury 3 years, breach of a written contract 8 years, medical malpractice 2 years, defamation 2 years.

How long do you have to file a personal injury lawsuit in Montana?

3 years under Mont. Code Ann. § 27-2-204(1). Three years from accrual for general tort and personal injury. Full personal injury rules →

What is the statute of limitations for wrongful death in Montana?

3 years under Mont. Code Ann. § 27-2-204(2). Three years. Full wrongful death rules →

What is the statute of limitations for medical malpractice in Montana?

2 years under Mont. Code Ann. § 27-2-205. Two years from the injury or from discovery, whichever is later, with a five-year cap from the date of injury. Full medical malpractice rules →

What is the statute of limitations for breach of contract in Montana?

8 years under Mont. Code Ann. § 27-2-202(1). Eight years on a written contract — four times what Montana gives property damage. Full breach of a written contract rules →

How long do you have to sue for defamation in Montana?

2 years under Mont. Code Ann. § 27-2-204(3). Two years for libel or slander — a year less than Montana's general tort period. Full defamation rules →

What is the statute of limitations for property damage in Montana?

2 years under Mont. Code Ann. § 27-2-207. Two years for damage to real or personal property — a year LESS than Montana gives personal injury. Full property damage rules →

Do you have to notify the government before suing in Montana?

Often, yes. Separate limits for local government claims under Mont. Code Ann. §§ 27-2-209, 2-9-301. This is usually much shorter than the ordinary deadline.

Know your rights — check the claim type that matches your situation, then confirm the deadline with a licensed attorney.

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Montana Statute of Limitations (2026)

Common Questions About Montana Deadlines

What is the statute of limitations in Montana?

How long do you have to file a personal injury lawsuit in Montana?

What is the statute of limitations for wrongful death in Montana?

What is the statute of limitations for medical malpractice in Montana?

What is the statute of limitations for breach of contract in Montana?

How long do you have to sue for defamation in Montana?

What is the statute of limitations for property damage in Montana?

Do you have to notify the government before suing in Montana?

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