What Is the Statute of Limitations for Assault And Battery in Montana?
In Montana, the statute of limitations for assault and battery is generally 2 years under Mont. Code Ann. § 27-2-204(3).
Assault and battery Deadlines in Montana
How long do you have to file a assault and battery claim in Montana?
In Montana, the statute of limitations for assault and battery is generally 2 years under Mont. Code Ann. § 27-2-204(3).
When does the clock start for assault and battery in Montana?
Two years — Montana carves assault out of the three-year general tort period.
Can the Montana deadline for assault and battery be extended?
Section 27-2-216 supplies a much longer period for childhood sexual abuse. A criminal prosecution does not pause the civil clock. Subject to the pending-amendment caution. MONTANA CAUTION: the official MCA page shows a new version of this section "(Effective October 1, 2026)" from 2025 legislation. Re-check this row once that version takes effect.
Is the deadline different if the claim is against the government in Montana?
Often, yes. Separate limits for local government claims under 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 confi…
How does Montana compare to other states for assault and battery?
Montana's 2 years is in the middle of the range nationally. Across the 49 jurisdictions with a verified figure, the deadline for assault and battery ranges from 1 year to 6 years, and 2 years is the most common. Compare all states →
What Does Assault & Battery Cover?
Situations that typically fall under the assault and battery deadline in Montana:
