reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 8. Libel and Slander › 27-1-821. Extent to which a correction is a defense upon trial

27-1-821. Extent to which a correction is a defense upon trial.
If it appears upon trial that the publication or broadcast complained of was made under honest mistake, then a correction timely published or broadcast without comment in a position and type as prominent as the alleged libel or in a broadcast made at the same time of day as the broadcast complained of and of at least equal duration constitutes a defense against the recovery of punitive damages.
History: En. Sec. 4, Ch. 569, L. 1979.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 11. Liability of Mental Health Professionals › 27-1-1101. Definition

27-1-1101. Definition.
As used in this part, "mental health professional" means:
(1) a certified professional person as defined in 53-21-106;
(2) a physician licensed under Title 37, chapter 3;
(3) a professional counselor licensed under Title 37, chapter 39;
(4) a psychologist licensed under Title 37, chapter 17;
(5) a clinical social worker licensed under Title 37, chapter 39;
(6) an advanced practice registered nurse, as provided for in 37-8-202, with a clinical specialty in psychiatric mental health nursing; or
(7) a marriage and family therapist licensed under Title 37, chapter 39.
History: En. Sec. 1, Ch. 214, L. 1987; amd. Sec. 1, Ch. 310, L. 2001; amd. Sec. 17, Ch. 713, L. 2023.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 11. Liability of Mental Health Professionals › 27-1-1102. Duty to warn of violent behavior

27-1-1102. Duty to warn of violent behavior.
A mental health professional has a duty to warn of or take reasonable precautions to provide protection from violent behavior only if the patient has communicated to the mental health professional an actual threat of physical violence by specific means against a clearly identified or reasonably identifiable victim. The duty is discharged by a mental health professional if the mental health professional has:
(1) made reasonable efforts to communicate the threat to the victim and notify the law enforcement agency closest to the patient's or the victim's residence of the threat of violence; and
(2) supplied a requesting law enforcement agency with any information the mental health professional has concerning the threat of violence.
History: En. Sec. 2, Ch. 214, L. 1987; amd. Sec. 596, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 11. Liability of Mental Health Professionals › 27-1-1103. Immunity from liability

27-1-1103. Immunity from liability.
(1) No monetary liability and no cause of action may arise against any mental health professional for failing to predict, warn of, or take precautions to provide protection from a patient's threatened violent behavior unless the mental health professional has a duty to warn of violent behavior, as provided in 27-1-1102.
(2) No monetary liability and no cause of action may arise against any mental health professional for disclosing confidential or privileged information in an effort to discharge a duty arising under 27-1-1102.
History: En. Sec. 3, Ch. 214, L. 1987; amd. Sec. 597, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 15. Montana Anti-Intimidation Act › 27-1-1501. Short title

27-1-1501. Short title.
This part may be cited as the "Montana Anti-Intimidation Act of 1996".
History: En. Sec. 1, I.M. No. 123, Nov. 5, 1996.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 15. Montana Anti-Intimidation Act › 27-1-1502. Findings -- purpose

27-1-1502. Findings -- purpose.
(1) This part seeks to address the growing problem of harassing and threatening behavior being undertaken by extremist individuals and groups in Montana. Numerous public officials and their families, voters, juries, individuals, and organizations have been targeted for intimidation and harassment by extremists. One of the principal tools of intimidation used by extremists is a false lien filed upon the property of an individual or organization.
(2) The purpose of this part is to restrain these extremist activities by providing a civil remedy for anyone injured or harmed as a result of acts of intimidation, precluding the filing of false liens and establishing a procedure for removing an existing false lien.
History: En. Sec. 2, I.M. No. 123, Nov. 5, 1996.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 15. Montana Anti-Intimidation Act › 27-1-1503. Civil action

27-1-1503. Civil action.
(1) A public official, family member of a public official, juror, voter, individual, or organization that is injured, harmed, or otherwise aggrieved by the acts of another person in violation of 45-5-203, 45-7-102, or 45-7-209 has a civil cause of action against the person causing the harm.
(2) An individual or organization who is attempting to exercise a legally protected right and who is injured, harassed, or aggrieved by a threat or intimidation has a civil cause of action against the person engaging in the threatening or intimidating behavior.
(3) A conviction for violation of 45-5-203, 45-7-102, or 45-7-209 is not a condition precedent for a civil action under this section.
History: En. Sec. 3, I.M. No. 123, Nov. 5, 1996.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 15. Montana Anti-Intimidation Act › 27-1-1505. Liens

27-1-1505. Liens.
(1) As used in this section, the following definitions apply:
(a) "Lien" means an encumbrance on property as security for the payment of a debt.
(b) "Nonconsensual common-law lien" means a lien that:
(i) is not provided for by a specific state or federal statute;
(ii) does not depend upon the consent of the owner of the property affected for its existence;
(iii) is not an equitable or constructive lien imposed by a court; and
(iv) is not of a type commonly used in legitimate commercial transactions.
(c) "Person" means an individual, group of individuals, or any organization of individuals.
(2) A person may not file a nonconsensual common-law lien upon the real or personal property of an individual or organization.
(3) (a) If a nonconsensual common-law lien is filed against the real or personal property of an individual or organization, the individual or organization may petition the district court in the county in which the affected property is located to remove the nonconsensual common-law lien. If the district court determines that the lien in question is a nonconsensual common-law lien, the district court shall enter an order directing the appropriate public official to remove the nonconsensual common-law lien.
(b) The legislature may provide other methods of removing nonconsensual common-law liens.
(4) The person filing the nonconsensual common-law lien is liable for the costs of removing the nonconsensual common-law lien, including reasonable attorney fees, court costs, and actual damages sustained by the aggrieved individual or organization as a result of the nonconsensual common-law lien.
History: En. Sec. 4, I.M. No. 123, Nov. 5, 1996.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 16. Covid-19 Liability › 27-1-1602. Liability

27-1-1602. (Temporary) Liability.
Except as provided in 27-1-1603 through 27-1-1608, a person is not liable for civil damages for injuries or death from or relating to exposure or potential exposure to covid-19 unless the civil action involves an act or omission that constitutes gross negligence, willful and wanton misconduct, or intentional tort. (Terminates January 1, 2031--sec. 15, Ch. 2, L. 2021.)
History: En. Sec. 2, Ch. 2, L. 2021.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 16. Covid-19 Liability › 27-1-1603. Premises owner's duty of care -- limited liability

27-1-1603. (Temporary) Premises owner's duty of care -- limited liability.
(1) A person who possesses or is in control of a premises, including a tenant, lessee, or occupant of a premises, who directly or indirectly invites or permits an individual onto a premises is not liable for civil damages for injuries or death sustained from the individual's exposure to covid-19, whether the exposure occurs on the premises or during an activity managed by the person who possesses or is in control of a premises, unless the civil action involves an act or omission that constitutes gross negligence, willful and wanton misconduct, or intentional tort.
(2) The standard established in subsection (1) applies in landlord-tenant claims made under 70-24-303(1)(b) through (1)(e) for injuries or death sustained from an individual's exposure to covid-19. (Terminates January 1, 2031--sec. 15, Ch. 2, L. 2021.)
History: En. Sec. 3, Ch. 2, L. 2021.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 16. Covid-19 Liability › 27-1-1604. Liability of health care providers

27-1-1604. (Temporary) Liability of health care providers.
A health care provider is not liable for civil damages for causing or contributing, directly or indirectly, to the death or injury of an individual as a result of the health care provider's acts or omissions while providing or arranging health care in support of the response to covid-19 unless the health care provider caused the death or injury of an individual through an act or omission that constitutes gross negligence, willful and wanton misconduct, or an intentional tort. This section applies to:
(1) injury or death resulting from screening, assessing, diagnosing, caring for, or treating individuals with a suspected or confirmed case of covid-19;
(2) prescribing, administering, or dispensing a pharmaceutical for off-label use to treat a patient with a suspected or confirmed case of covid-19;
(3) acts or omissions while providing health care to individuals with a condition unrelated to covid-19 when those acts or omissions support the response to covid-19, including the following:
(a) delaying or canceling nonurgent or elective dental, medical, or surgical procedures or altering the diagnosis or treatment of an individual in response to a federal or state statute, regulation, order, or public health guidance;
(b) diagnosing or treating patients outside the normal scope of the health care provider's license or practice;
(c) using medical devices, equipment, or supplies outside of their normal use for the provision of health care, including using or modifying medical devices, equipment, or supplies for an unapproved use;
(d) conducting tests or providing treatment to an individual outside the premises of a health care facility;
(e) acts or omissions undertaken by a health care provider because of a lack of staffing, facilities, medical devices, equipment, supplies, or other resources attributable to covid-19 that renders the health care provider unable to provide the level or manner of care to a person that otherwise would have been required in the absence of covid-19; or
(f) acts or omissions undertaken by a health care provider relating to the use or nonuse of personal protective equipment. (Terminates January 1, 2031--sec. 15, Ch. 2, L. 2021.)
History: En. Sec. 4, Ch. 2, L. 2021.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 16. Covid-19 Liability › 27-1-1605. Supplies, equipment, and products designed, manufactured, labeled, sold, distributed, and donated in response to covid-19

27-1-1605. (Temporary) Supplies, equipment, and products designed, manufactured, labeled, sold, distributed, and donated in response to covid-19.
(1) A person who designs, manufactures, labels, sells, distributes, or donates household disinfecting or cleaning supplies, personal protective equipment, or a qualified product in response to covid-19 is not liable in a civil action alleging personal injury, death, or property damage caused by or resulting from the design, manufacturing, labeling, selling, distributing, or donating of the household disinfecting or cleaning supplies, personal protective equipment, or a qualified product unless the person caused the personal injury, death, or property damage through an act or omission that constitutes gross negligence, willful and wanton misconduct, or an intentional tort.
(2) A person who designs, manufactures, labels, sells, distributes, or donates household disinfecting or cleaning supplies, personal protective equipment, or a qualified product in response to covid-19 is not liable in a civil action alleging personal injury, death, or property damage caused by or resulting from a failure to provide proper instructions or sufficient warnings unless the person caused the personal injury, death, or property damage through an act or omission that constitutes gross negligence, willful and wanton misconduct, or an intentional tort.
(3) This section supersedes 27-1-719 for product liability claims brought for damages caused in part by covid-19 as defined in 27-1-1601. (Terminates January 1, 2031--sec. 15, Ch. 2, L. 2021.)
History: En. Sec. 5, Ch. 2, L. 2021.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 16. Covid-19 Liability › 27-1-1606. Affirmative defense -- reasonable measures consistent with regulations, orders, and public health guidance

27-1-1606. (Temporary) Affirmative defense -- reasonable measures consistent with regulations, orders, and public health guidance.
(1) In addition to all other defenses, a person may assert as an affirmative defense that the person took reasonable measures consistent with a federal or state statute, regulation, order, or public health guidance related to covid-19 that was applicable to the person or activity at issue at the time of the alleged injury, death, or property damage.
(2) If two or more sources of public health guidance are applicable, a person does not breach a duty of care if the person took reasonable measures consistent with one applicable set of public health guidance.
(3) If a person proves the affirmative defense contained in this section, the affirmative defense is a complete bar to any action relating to covid-19.
(4) This section may not be construed to impose liability on a person for failing to comply with a federal or state statute, regulation, order, or public health guidance related to covid-19. (Terminates January 1, 2031--sec. 15, Ch. 2, L. 2021.)
History: En. Sec. 6, Ch. 2, L. 2021.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 16. Covid-19 Liability › 27-1-1607. Limitation on action

27-1-1607. (Temporary) Limitation on action.
A government order, regulation, or public health guidance related to covid-19 may not create and may not be construed to create a new cause of action against any person with respect to the matters contained in the government order, regulation, or public health guidance. (Terminates January 1, 2031 -- sec. 15, Ch. 2, L. 2021.)
History: En. Sec. 7, Ch. 2, L. 2021.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 1. Availability of Remedies -- Liability › Part 16. Covid-19 Liability › 27-1-1608. Limitation on requirements

27-1-1608. (Temporary) Limitation on requirements.
(1) If a federal or state statute, regulation, order, or public health guidance related to covid-19 recommends or requires the use of a face mask, a person is not required to ensure face masks are being used or a face mask is sufficient to stop the spread of covid-19 to meet the standard of care.
(2) If a federal or state statute, regulation, order, or public health guidance related to covid-19 recommends or requires temperature checks, a person is not required to conduct temperature checks before allowing a person to enter a premises if an individual entering the premises refuses to allow a temperature check.
(3) If a federal or state statute, regulation, order, or public health guidance related to covid-19 recommends or requires a vaccine, an individual is not required to receive a vaccine and a person is not required to ensure employees or agents are vaccinated to meet the standard of care. (Terminates January 1, 2031--sec. 15, Ch. 2, L. 2021.)
History: En. Sec. 8, Ch. 2, L. 2021.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 2. Statutes of Limitations › Part 1. General Provisions › 27-2-101. Definition of action

27-2-101. Definition of action.
The word "action", as used in this chapter, is to be construed, whenever it is necessary to do so, as including a special proceeding of a civil nature.
History: En. Sec. 559, C. Civ. Proc. 1895; re-en. Sec. 6476, Rev. C. 1907; re-en. Sec. 9066, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 363; re-en. Sec. 9066, R.C.M. 1935; R.C.M. 1947, 93-2720; amd. Sec. 12, Ch. 12, L. 1979.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 2. Statutes of Limitations › Part 1. General Provisions › 27-2-102. When action commenced

27-2-102. When action commenced.
(1) For the purposes of statutes relating to the time within which an action must be commenced:
(a) a claim or cause of action accrues when all elements of the claim or cause exist or have occurred, the right to maintain an action on the claim or cause is complete, and a court or other agency is authorized to accept jurisdiction of the action;
(b) an action is commenced when the complaint is filed.
(2) Unless otherwise provided by statute, the period of limitation begins when the claim or cause of action accrues. Lack of knowledge of the claim or cause of action, or of its accrual, by the party to whom it has accrued does not postpone the beginning of the period of limitation.
(3) The period of limitation does not begin on any claim or cause of action for an injury to person or property until the facts constituting the claim have been discovered or, in the exercise of due diligence, should have been discovered by the injured party if:
(a) the facts constituting the claim are by their nature concealed or self-concealing; or
(b) before, during, or after the act causing the injury, the defendant has taken action which prevents the injured party from discovering the injury or its cause.
(4) Subsection (3) does not apply to actions involving the limitations contained in 27-2-205.
History: En. Sec. 540, C. Civ. Proc. 1895; re-en. Sec. 6457, Rev. C. 1907; re-en. Sec. 9047, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 350; re-en. Sec. 9047, R.C.M. 1935; R.C.M. 1947, 93-2701; amd. Sec. 13, Ch. 12, L. 1979; amd. Sec. 1, Ch. 441, L. 1987.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 2. Statutes of Limitations › Part 1. General Provisions › 27-2-103. Actions by state subject to limitations

27-2-103. Actions by state subject to limitations.
The limitations prescribed in part 2 of this chapter apply to actions brought in the name of the state or for the benefit of the state in the same manner as to actions by private parties.
History: En. Sec. 49, p. 50, L. 1877; re-en. Sec. 49, 1st Div. Rev. Stat. 1879; re-en. Sec. 49, 1st Div. Comp. Stat. 1887; re-en. Sec. 520, C. Civ. Proc. 1895; re-en. Sec. 6453, Rev. C. 1907; re-en. Sec. 9043, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 345; re-en. Sec. 9043, R.C.M. 1935; R.C.M. 1947, 93-2615; amd. Sec. 14, Ch. 12, L. 1979.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 2. Statutes of Limitations › Part 1. General Provisions › 27-2-104. Application of this state's statutes of limitations -- actions against nonresidents

27-2-104. Application of this state's statutes of limitations -- actions against nonresidents.
When a cause of action that does not involve the title to or possession of real property within the state accrues against a person who is not then a resident of the state, an action is governed by part 5 of this chapter.
History: En. Sec. 556, C. Civ. Proc. 1895; re-en. Sec. 6473, Rev. C. 1907; re-en. Sec. 9063, R.C.M. 1921; re-en. Sec. 9063, R.C.M. 1935; R.C.M. 1947, 93-2717; amd. Sec. 8, Ch. 293, L. 1991.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 2. Statutes of Limitations › Part 1. General Provisions › 27-2-105. Periods of limitation

27-2-105. Periods of limitation.
All civil actions must be commenced within the periods prescribed in part 2 except when another statute specifically provides a different limitation.
History: En. Sec. 510, C. Civ. Proc. 1895; re-en. Sec. 6443, Rev. C. 1907; re-en. Sec. 9027, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 335; re-en. Sec. 9027, R.C.M. 1935; R.C.M. 1947, 93-2601; amd. Sec. 15, Ch. 12, L. 1979.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 2. Statutes of Limitations › Part 2. Time Limits on Specific Kinds of Actions › 27-2-201. Actions upon judgments

27-2-201. Actions upon judgments.
(1) Except as provided in subsections (3) through (5), the period prescribed for the commencement of an action upon a judgment or decree of any court of record of the United States or of any state within the United States is within 10 years.
(2) The period prescribed for the commencement of an action upon a judgment or decree rendered in a court not of record is within 10 years. The cause of action is considered, in that case, to have accrued when final judgment was rendered.
(3) The period prescribed for the commencement of an action to collect past-due child support that has accrued after October 1, 1993, under an order entered by a court of record or administrative authority is within 10 years of the termination of support obligation or within 10 years from entry of a lump-sum judgment or order for support arrears, whichever is later.
(4) The period prescribed for the commencement of an action to collect past-due child support that has accrued under a support order issued in another state, in a foreign country, or in a tribal court is as provided in subsection (3) or as provided in the law of the issuing jurisdiction, whichever period is longer.
(5) An action under 46-18-247(3) to enforce an order of restitution entered by a court of record may be commenced at any time within the offender's lifetime during which restitution remains unpaid.
History: Ap. p. Sec. 1, p. 172, L. 1889; amd. Sec. 511, C. Civ. Proc. 1895; re-en. Sec. 6444, Rev. C. 1907; re-en. Sec. 9028; R.C.M. 1921; Cal. C. Civ. Proc. Sec. 336; re-en. Sec. 9028, R.C.M. 1935; Sec. 93-2602, R.C.M. 1947; Ap. p. Sec. 513, C. Civ. Proc. 1895; amd. Sec. 1, Ch. 157, L. 1901; amd. Sec. 1, Ch. 128, L. 1903; re-en. Sec. 6446, Rev. C. 1907; re-en. Sec. 9030, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 339; re-en. Sec. 9030, R.C.M. 1935; amd. Sec. 13, Ch. 263, L. 1975; Sec. 93-2604, R.C.M. 1947; Ap. p. Sec. 510, C. Civ. Proc. 1895; re-en. Sec. 6443, Rev. C. 1907; re-en. Sec. 9027, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 335; re-en. Sec. 9027, R.C.M. 1935; Sec. 93-2601, R.C.M. 1947; R.C.M. 1947, 93-2601(part), 93-2602(1), 93-2604(2); amd. Sec. 5, Ch. 631, L. 1993; amd. Sec. 5, Ch. 60, L. 1995; amd. Sec. 39, Ch. 125, L. 1995; amd. Sec. 8, Ch. 264, L. 1995; amd. Sec. 1, Ch. 101, L. 1999; amd. Sec. 13, Ch. 515, L. 2001.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 2. Statutes of Limitations › Part 2. Time Limits on Specific Kinds of Actions › 27-2-202. Actions based on contract or other obligation

27-2-202. Actions based on contract or other obligation.
(1) The period prescribed for the commencement of an action on any contract, covenant, obligation, or liability founded on an instrument in writing is within 8 years.
(2) The period prescribed for the commencement of an action on a contract, account, or promise not founded on an instrument in writing is within 5 years.
(3) The period prescribed for the commencement of an action on an obligation or liability, other than a contract, account, or promise, not founded on an instrument in writing is within 3 years.
History: Ap. p. Sec. 1, p. 172, L. 1889; re-en. Sec. 512, C. Civ. Proc. 1895; re-en. Sec. 6445, Rev. C. 1907; re-en. Sec. 9029, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 337; re-en. Sec. 9029, R.C.M. 1935; Sec. 93-2603, R.C.M. 1947; Ap. p. Sec. 513, C. Civ. Proc. 1895; amd. Sec. 1, Ch. 157, L. 1901; amd. Sec. 1, Ch. 128, L. 1903; re-en. Sec. 6446, Rev. C. 1907; re-en. Sec. 9030, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 339; re-en. Sec. 9030, R.C.M. 1935; amd. Sec. 13, Ch. 263, L. 1975; Sec. 93-2604, R.C.M. 1947; Ap. p. Sec. 514, C. Civ. Proc. 1895; amd. Sec. 2, p. 157, L. 1901; amd. Sec. 2, Ch. 128, L. 1903; re-en. Sec. 6447, Rev. C. 1907; re-en. Sec. 9031, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 339; re-en. Sec. 9031, R.C.M. 1935; Sec. 93-2605, R.C.M. 1947; Ap. p. Sec. 510, C. Civ. Proc. 1895; re-en. Sec. 6443, Rev. C. 1907; re-en. Sec. 9027, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 335; re-en. Sec. 9027, R.C.M. 1935; Sec. 93-2601, R.C.M. 1947; R.C.M. 1947, 93-2601(part), 93-2603, 93-2604(1), 93-2605(3); amd. Sec. 16, Ch. 12, L. 1979; amd. Sec. 2, Ch. 665, L. 2023.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 2. Statutes of Limitations › Part 2. Time Limits on Specific Kinds of Actions › 27-2-203. Actions for relief on ground of fraud or mistake

27-2-203. Actions for relief on ground of fraud or mistake.
The period prescribed for the commencement of an action for relief on the ground of fraud or mistake is within 2 years, the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake.
History: Ap. p. Sec. 1, p. 50, L. 1893; re-en. Sec. 524, C. Civ. Proc. 1895; amd. Sec. 1, Ch. 128, L. 1903; re-en. Sec. 6449, Rev. C. 1907; amd. Sec. 1, Ch. 47, L. 1917; amd. Sec. 1, Ch. 172, L. 1921; re-en. Sec. 9033, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 338; re-en. Sec. 9033, R.C.M. 1935; amd. Sec. 1, Ch. 423, L. 1975; Sec. 93-2607, R.C.M. 1947; Ap. p. Sec. 510, C. Civ. Proc. 1895; re-en. Sec. 6443, Rev. C. 1907; re-en. Sec. 9027, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 335; re-en. Sec. 9027, R.C.M. 1935; Sec. 93-2601, R.C.M. 1947; R.C.M. 1947, 93-2601(part), 93-2607(4).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 2. Statutes of Limitations › Part 2. Time Limits on Specific Kinds of Actions › 27-2-204. Tort actions -- general and personal injury

27-2-204. Tort actions -- general and personal injury.
(1) Except as provided in 27-2-216, the period prescribed for the commencement of an action upon a liability not founded upon an instrument in writing is within 3 years.
(2) The period prescribed for the commencement of an action to recover damages for the death of one caused by the wrongful act or neglect of another is within 3 years, except when the wrongful death is the result of a homicide, in which case the period is within 10 years.
(3) The period prescribed for the commencement of an action for libel, slander, assault, battery, false imprisonment, or seduction is within 2 years.
History: (1)En. Sec. 510, C. Civ. Proc. 1895; re-en. Sec. 6443, Rev. C. 1907; re-en. Sec. 9027, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 335; re-en. Sec. 9027, R.C.M. 1935; Sec. 93-2601, R.C.M. 1947; (2)En. Sec. 514, C. Civ. Proc. 1895; amd. Sec. 2, p. 157, L. 1901; amd. Sec. 2, Ch. 128, L. 1903; re-en. Sec. 6447, Rev. C. 1907; re-en. Sec. 9031, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 339; re-en. Sec. 9031, R.C.M. 1935; Sec. 93-2605, R.C.M. 1947; (3)En. Sec. 515, C. Civ. Proc. 1895; re-en. Sec. 6448, Rev. C. 1907; re-en. Sec. 9032, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 340; re-en. Sec. 9032, R.C.M. 1935; Sec. 93-2606, R.C.M. 1947; R.C.M. 1947, 93-2601(part), 93-2605(2), (3), 93-2606(3); amd. Sec. 17, Ch. 12, L. 1979; amd. Sec. 1, Ch. 158, L. 1989; amd. Sec. 4, Ch. 560, L. 1993; amd. Sec. 1, Ch. 266, L. 2007; amd. Sec. 2, Ch. 367, L. 2019.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 2. Statutes of Limitations › Part 2. Time Limits on Specific Kinds of Actions › 27-2-205. Actions for medical malpractice

27-2-205. Actions for medical malpractice.
(1) Action in tort or contract for injury or death against a physician or surgeon, physician assistant, dentist, dental hygienist, registered nurse, advanced practice registered nurse, nursing home or hospital administrator, dispensing optician, optometrist, licensed physical therapist, podiatrist, psychologist, osteopath, chiropractor, clinical laboratory bioanalyst, clinical laboratory technologist, pharmacist, veterinarian, a licensed hospital or long-term care facility, or licensed medical professional corporation, based upon alleged professional negligence or for rendering professional services without consent or for an act, error, or omission, must, except as provided in subsection (2), be commenced within 2 years after the date of injury or within 2 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs last, but in no case may an action be commenced after 5 years from the date of injury. However, this time limitation is tolled for any period during which there has been a failure to disclose any act, error, or omission upon which an action is based and that is known to the defendant or through the use of reasonable diligence subsequent to the act, error, or omission would have been known to the defendant.
(2) Notwithstanding the provisions of 27-2-401, in an action for death or injury of a minor who was under the age of 4 on the date of the minor's injury, the period of limitations in subsection (1) begins to run when the minor reaches the minor's eighth birthday or dies, whichever occurs first, and the time for commencement of the action is tolled during any period during which the minor does not reside with a parent or guardian.
History: En. Sec. 1, Ch. 328, L. 1971; amd. Sec. 1, Ch. 191, L. 1973; R.C.M. 1947, 93-2624; amd. Sec. 1, Ch. 499, L. 1987; amd. Sec. 38, Ch. 83, L. 1989; amd. Sec. 1, Ch. 16, L. 1995; amd. Sec. 21, Ch. 368, L. 2015; amd. Sec. 2, Ch. 318, L. 2021.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 2. Statutes of Limitations › Part 2. Time Limits on Specific Kinds of Actions › 27-2-206. Actions for legal malpractice

27-2-206. Actions for legal malpractice.
An action against an attorney licensed to practice law in Montana or a paralegal assistant or a legal intern employed by an attorney based upon the person's alleged professional negligent act or for error or omission in the person's practice must be commenced within 3 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the act, error, or omission, whichever occurs last, but in no case may the action be commenced after 10 years from the date of the act, error, or omission.
History: En. 93-2625 by Sec. 1, Ch. 220, L. 1977; R.C.M. 1947, 93-2625.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 2. Statutes of Limitations › Part 2. Time Limits on Specific Kinds of Actions › 27-2-207. Injuries involving property

27-2-207. Injuries involving property.
Within 2 years is the period prescribed for the commencement of an action for:
(1) injury to or waste or trespass on real or personal property;
(2) taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property;
(3) killing or injuring stock by a railroad corporation or company.
History: Ap. p. Sec. 1, p. 50, L. 1893; re-en. Sec. 524, C. Civ. Proc. 1895; amd. Sec. 1, Ch. 128, L. 1903; re-en. Sec. 6449, Rev. C. 1907; amd. Sec. 1, Ch. 47, L. 1917; amd. Sec. 1, Ch. 172, L. 1921; re-en. Sec. 9033, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 338; re-en. Sec. 9033, R.C.M. 1935; amd. Sec. 1, Ch. 423, L. 1975; Sec. 93-2607, R.C.M. 1947; Ap. p. Sec. 510, C. Civ. Proc. 1895; re-en. Sec. 6443, Rev. C. 1907; re-en. Sec. 9027, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 335; re-en. Sec. 9027, R.C.M. 1935; Sec. 93-2601, R.C.M. 1947; R.C.M. 1947, 93-2601(part), 93-2607(part).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 2. Statutes of Limitations › Part 2. Time Limits on Specific Kinds of Actions › 27-2-208. Actions for damages arising out of work on improvements to real property or land surveying

27-2-208. Actions for damages arising out of work on improvements to real property or land surveying.
(1) Except as provided in 70-19-427(1) and subsections (2) and (3) of this section, an action to recover damages (other than an action upon any contract, obligation, or liability founded upon an instrument in writing) resulting from or arising out of the design, planning, supervision, inspection, construction, or observation of construction of any improvement to real property or resulting from or arising out of land surveying of real property may not be commenced more than 10 years after completion of the improvement or land surveying.
(2) Notwithstanding the provisions of subsection (1), an action for damages for an injury that occurred during the 10th year after the completion of the improvement or land surveying may be commenced within 1 year after the occurrence of the injury.
(3) The limitation prescribed by this section may not affect the responsibility of any owner, tenant, or person in actual possession and control of the improvement or real property that is surveyed at the time a right of action arises.
(4) As used in this section:
(a) "completion" means that degree of completion at which the owner can utilize the improvement for the purpose for which it was intended or when a completion certificate is executed, whichever is earlier;
(b) "land surveying" means the practice of land surveying, as defined in 37-67-101.
(5) This section may not be construed as extending the period prescribed by the laws of this state for the bringing of any action.
History: En. Secs. 1, 2, 3, 4, 5, Ch. 60, L. 1971; R.C.M. 1947, 93-2619, 93-2620, 93-2621, 93-2622, 93-2623; amd. Sec. 1, Ch. 62, L. 1999; amd. Sec. 4, Ch. 412, L. 2003.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 2. Statutes of Limitations › Part 2. Time Limits on Specific Kinds of Actions › 27-2-209. Actions against local government or local government official

27-2-209. Actions against local government or local government official.
(1) The period prescribed for the commencement of an action against a sheriff, coroner, or constable upon a liability incurred by the doing of an act in that person's official capacity and in virtue of that person's office or by the omission of an official duty, including the nonpayment of money collected upon an execution, is within 3 years, except that this subsection does not apply to an action for an escape.
(2) The period prescribed for the commencement of an action against a sheriff or other officer for the escape of a prisoner arrested or imprisoned on civil process is within 1 year.
(3) Actions for claims against a county that have been rejected by the county commissioners must be commenced within 6 months after the first rejection.
(4) The period prescribed for the commencement of an action against a municipality for damages or injuries to property caused by a mob or riot is within 1 year.
(5) The period prescribed for the commencement of an action against a municipality arising from a decision of the municipality relating to a land use, construction, or development project is 6 months from the date of the written decision.
History: Ap. p. Sec. 514, C. Civ. Proc. 1895; amd. Sec. 2, p. 157, L. 1901; amd. Sec. 2, Ch. 128, L. 1903; re-en. Sec. 6447, Rev. C. 1907; re-en. Sec. 9031, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 339; re-en. Sec. 9031, R.C.M. 1935; Sec. 93-2605, R.C.M. 1947; Ap. p. Sec. 516, C. Civ. Proc. 1895; amd. Sec. 1, p. 144, L. 1899; re-en. Sec. 6450, Rev. C. 1907; amd. Sec. 2, Ch. 47, L. 1917; re-en. Sec. 9034, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 340; re-en. Sec. 9034, R.C.M. 1935; Sec. 93-2608, R.C.M. 1947; Ap. p. Sec. 517, C. Civ. Proc. 1895; amd. Sec. 1, p. 144, L. 1899; re-en. Sec. 6450a, Rev. C. 1907; re-en. Sec. 9035, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 341, 342; amd. Sec. 1, Ch. 27, L. 1933; re-en. Sec. 9035, R.C.M. 1935; Sec. 93-2609, R.C.M. 1947; Ap. p. Sec. 510, C. Civ. Proc. 1895; re-en. Sec. 6443, Rev. C. 1907; re-en. Sec. 9027, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 335; re-en. Sec. 9027, R.C.M. 1935; Sec. 93-2601, R.C.M. 1947; R.C.M. 1947, 93-2601(part), 93-2605(1), 93-2608(part), 93-2609(2); amd. Sec. 1, Ch. 412, L. 2005.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 2. Statutes of Limitations › Part 2. Time Limits on Specific Kinds of Actions › 27-2-210. Actions arising from the seizure or sale of property for taxes

27-2-210. Actions arising from the seizure or sale of property for taxes.
(1) Within 1 year is the period prescribed for the commencement of an action against an officer or officer de facto:
(a) to recover any goods, wares, merchandise, or other property seized by the officer in the officer's official capacity as tax collector;
(b) to recover the price or value of any goods, wares, merchandise, or other personal property seized;
(c) for damages for the seizure, detention, or sale of or injury to any goods, wares, merchandise, or other personal property seized; or
(d) for damages done to any person or property in making a seizure.
(2) The period prescribed for the commencement of an action to recover stock sold for a delinquent assessment is within 6 months.
(3) (a) An action against a county to recover a royalty interest in land acquired by the county by tax deed must be brought within 3 years after the commencement of commercial production of oil, gas, or other minerals from the land.
(b) Nothing contained in subsection (3)(a) changes the nature of a royalty interest prior to actual production. The purpose of subsection (3)(a) is to place a limitation on actions seeking royalty interests reserved by the county, once production has commenced, without in any way affecting the validity of any claims a county may have prior to the commencement of production.
History: Ap. p. Sec. 516, C. Civ. Proc. 1895; amd. Sec. 1, p. 144, L. 1899; re-en. Sec. 6450, Rev. C. 1907; amd. Sec. 2, Ch. 47, L. 1917; re-en. Sec. 9034, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 340; re-en. Sec. 9034, R.C.M. 1935; Sec. 93-2608, R.C.M. 1947; Ap. p. Sec. 517, C. Civ. Proc. 1895; amd. Sec. 1, p. 144, L. 1899; re-en. Sec. 6450a, Rev. C. 1907; re-en. Sec. 9035, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 341, 342; amd. Sec. 1, Ch. 27, L. 1933; re-en. Sec. 9035, R.C.M. 1935; Sec. 93-2609, R.C.M. 1947; Ap. p. Sec. 510, C. Civ. Proc. 1895; re-en. Sec. 6443, Rev. C. 1907; re-en. Sec. 9027, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 335; 9027, R.C.M. 1935; Sec. 93-2601, R.C.M. 1947; R.C.M. 1947, 93-2601(part), 93-2608(3), 93-2609(1); amd. Sec. 3, Ch. 458, L. 1985; (3)(b)En. Sec. 1, Ch. 458, L. 1985; amd. Sec. 598, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 2. Statutes of Limitations › Part 2. Time Limits on Specific Kinds of Actions › 27-2-212. Actions arising from wrongful removal or exclusion from office

27-2-212. Actions arising from wrongful removal or exclusion from office.
Within 6 months is the period prescribed for the commencement of:
(1) any action for the restoration to office by any person wrongfully or illegally removed or excluded from office;
(2) any suit for the recovery of salary or other emoluments of office by any person having been wrongfully or illegally removed or excluded from office.
History: Ap. p. Sec. 517, C. Civ. Proc. 1895; amd. Sec. 1, p. 144, L. 1899; re-en. Sec. 6450a, Rev. C. 1907; re-en. Sec. 9035, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 341, 342; amd. Sec. 1, Ch. 27, L. 1933; re-en. Sec. 9035, R.C.M. 1935; Sec. 93-2609, R.C.M. 1947; Ap. p. Sec. 510, C. Civ. Proc. 1895; re-en. Sec. 6443, Rev. C. 1907; re-en. Sec. 9027, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 335; re-en. Sec. 9027, R.C.M. 1935; Sec. 93-2601, R.C.M. 1947; R.C.M. 1947, 93-2601(part), 93-2609(3), (4).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 2. Statutes of Limitations › Part 2. Time Limits on Specific Kinds of Actions › 27-2-213. Actions against banks

27-2-213. Actions against banks.
(1) Except as provided in subsection (2), there are no time limitations on the commencement of actions to recover money or other property deposited with any bank, banker, trust company, or savings and loan corporation, association, or society.
(2) Any action to obtain, set aside, or question in any manner any stated or settled account between any bank, banker, trust company, or savings and loan corporation, association, or society and any depositor with the bank, banker, trust company, or savings and loan corporation, association, or society must be commenced within 5 years from the date of the statement of the account. Any action based upon or arising from the payment by any bank, banker, trust company, or savings and loan corporation, association, or society of a forged, raised, or otherwise altered check, order, or promissory note out of the deposit, money, or property of the plaintiff must be commenced within 3 years from the day on which the plaintiff or the plaintiff's agent, assignee, or personal representative was notified of payment or received the check, order, or note marked "paid".
History: En. Sec. 523, C. Civ. Proc. 1895; amd. Sec. 1, Ch. 78, L. 1905; re-en. Sec. 6456, Rev. C. 1907; re-en. Sec. 9046, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 348; re-en. Sec. 9046, R.C.M. 1935; R.C.M. 1947, 93-2618; amd. Sec. 19, Ch. 12, L. 1979; amd. Sec. 599, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 2. Statutes of Limitations › Part 2. Time Limits on Specific Kinds of Actions › 27-2-214. Actions for mesne profits of real property

27-2-214. Actions for mesne profits of real property.
The period prescribed for the commencement of an action for mesne profits of real property is within 10 years.
History: Ap. p. Sec. 1, p. 172, L. 1889; amd. Sec. 511, C. Civ. Proc. 1895; re-en. Sec. 6444, Rev. C. 1907; re-en. Sec. 9028; R.C.M. 1921; Cal. C. Civ. Proc. Sec. 336; re-en. Sec. 9028, R.C.M. 1935; Sec. 93-2602, R.C.M. 1947; Ap. p. Sec. 510, C. Civ. Proc. 1895; re-en. Sec. 6443, Rev. C. 1907; re-en. Sec. 9027, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 335; re-en. Sec. 9027, R.C.M. 1935; Sec. 93-2601, R.C.M. 1947; R.C.M. 1947, 93-2601(part), 93-2602(2).
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 2. Statutes of Limitations › Part 2. Time Limits on Specific Kinds of Actions › 27-2-217. Repealed

27-2-217. Repealed.
Sec. 10, Ch. 367, L. 2019.
History: En. Sec. 3, Ch. 560, L. 1993.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 2. Statutes of Limitations › Part 2. Time Limits on Specific Kinds of Actions › 27-2-231. Other actions

27-2-231. Other actions.
An action for relief not otherwise provided for must be commenced within 5 years after the cause of action accrues.
History: En. Sec. 518, C. Civ. Proc. 1895; re-en. Sec. 6451, Rev. C. 1907; re-en. Sec. 9041, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 343; re-en. Sec. 9041, R.C.M. 1935; R.C.M. 1947, 93-2613; amd. Sec. 20, Ch. 12, L. 1979; Sec. 27-2-215, MCA 1987; redes. 27-2-231 by Code Commissioner, 1989.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 2. Statutes of Limitations › Part 3. Accrual of Cause of Action › 27-2-301. When demand necessary to perfect right to action

27-2-301. When demand necessary to perfect right to action.
Where a right exists but a demand is necessary to entitle a person to maintain an action, the time within which the action must be commenced must be computed from the time when the demand is made, except where the right grows out of the receipt or detention of money or property by an agent, trustee, attorney, or other person acting in a fiduciary capacity, the time must be computed from the time when the person having the right to make the demand has actual knowledge of the facts upon which that right depends.
History: En. Sec. 551, C. Civ. Proc. 1895; re-en. Sec. 6468, Rev. C. 1907; re-en. Sec. 9058, R.C.M. 1921; re-en. Sec. 9058, R.C.M. 1935; R.C.M. 1947, 93-2712; amd. Sec. 2, Ch. 441, L. 1987.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 2. Statutes of Limitations › Part 3. Accrual of Cause of Action › 27-2-302. Actions based on mutual accounts

27-2-302. Actions based on mutual accounts.
In an action brought to recover a balance due upon a mutual, open, and current account where there have been reciprocal demands between the parties, the cause of action is deemed to have accrued from the time of the last item proved in the account on either side.
History: En. Sec. 48, p. 50, L. 1877; re-en. Sec. 48, 1st Div. Rev. Stat. 1879; re-en. Sec. 48, 1st Div. Comp. Stat. 1887; re-en. Sec. 519, C. Civ. Proc. 1895; re-en. Sec. 6452, Rev. C. 1907; re-en. Sec. 9042, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 344; re-en. Sec. 9042, R.C.M. 1935; R.C.M. 1947, 93-2614.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 2. Statutes of Limitations › Part 3. Accrual of Cause of Action › 27-2-303. Actions for waste, trespass, or injury committed during mining work or exploration

27-2-303. Actions for waste, trespass, or injury committed during mining work or exploration.
When waste, trespass, or injury is committed by reason of underground work upon any mining claim or seismic exploration, location, spacing, drilling, equipping, producing, or other operation related to exploration or production of oil, gas, water, geothermal resources, or other minerals, the cause of action is not considered to have accrued until the discovery by the aggrieved party of the facts constituting such waste, trespass, or injury.
History: En. Sec. 1, p. 50, L. 1893; re-en. Sec. 524, C. Civ. Proc. 1895; amd. Sec. 1, Ch. 128, L. 1903; re-en. Sec. 6449, Rev. C. 1907; amd. Sec. 1, Ch. 47, L. 1917; amd. Sec. 1, Ch. 172, L. 1921; re-en. Sec. 9033, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 338; re-en. Sec. 9033, R.C.M. 1935; amd. Sec. 1, Ch. 423, L. 1975; R.C.M. 1947, 93-2607(part); amd. Sec. 21, Ch. 12, L. 1979.
2023 Montana Code Annotated › Title 27. Civil Liability, Remedies, and Limitations › Chapter 2. Statutes of Limitations › Part 3. Accrual of Cause of Action › 27-2-304. Actions involving personal property accruing after death and before issuance of letters of administration

27-2-304. Actions involving personal property accruing after death and before issuance of letters of administration.
The time within which an action must be commenced by an executor or administrator to recover personal property taken after the death of a testator or intestate and before the issuing of letters of administration or to recover damages for taking, detaining, or injuring personal property within the same period shall be computed from:
(1) the time of issuing such letters if they are issued within 5 years of the death;
(2) 5 years after the death if the letters have not then been issued.
History: En. Sec. 545, C. Civ. Proc. 1895; re-en. Sec. 6462, Rev. C. 1907; re-en. Sec. 9052, R.C.M. 1921; re-en. Sec. 9052, R.C.M. 1935; R.C.M. 1947, 93-2706(part); amd. Sec. 22, Ch. 12, L. 1979.