Montana Code Annotated

Mont. Code Ann. § 2-9-301 (2026)

Filing Of Claims Against State And Political Subdivisions -- Disposition By State Agency As Prerequisite

✓ current as of May 2026

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TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION

CHAPTER 9. LIABILITY EXPOSURE AND INSURANCE COVERAGE

Part 3. Claims and Actions

Filing Of Claims Against State And Political Subdivisions -- Disposition By State Agency As Prerequisite

2-9-301. Filing of claims against state and political subdivisions -- disposition by state agency as prerequisite. (1) All claims against the state arising under the provisions of parts 1 through 3 of this chapter must be presented in writing to the department of administration.

(2) A complaint based on a claim subject to the provisions of subsection (1) may not be filed in district court unless the claimant has first presented the claim to the department of administration and the department has finally denied the claim. The department must grant or deny the claim in writing within 120 days after the claim is presented to the department. The failure of the department to make final disposition of a claim within 120 days after it is presented to the department must be considered a final denial of the claim for purposes of this subsection. Upon the department's receipt of the claim, the statute of limitations on the claim is tolled for 120 days. The provisions of this subsection do not apply to claims that may be asserted under Title 25, chapter 20, by third-party complaint, cross-claim, or counterclaim.

(3) All claims against a political subdivision arising under the provisions of parts 1 through 3 shall be presented to and filed with the clerk or secretary of the political subdivision.

History: (1)En. Sec. 11, Ch. 380, L. 1973; amd. Sec. 1, Ch. 361, L. 1975; amd. Sec. 5, Ch. 360, L. 1977; Sec. 82-4311, R.C.M. 1947; (2)En. Sec. 12, Ch. 380, L. 1973; amd. Sec. 6, Ch. 360, L. 1977; Sec. 82-4312, R.C.M. 1947; R.C.M. 1947, 82-4311, 82-4312; amd. Sec. 1, Ch. 507, L. 1987; amd. Sec. 1, Ch. 494, L. 1991.

Notes of Decisions

Cited in 31 cases (6 in the last 5 years), 1979–2026 · leading case: Stratemeyer v. Lincoln Cnty., 915 P.2d 175 (Mont. 1996).

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Stratemeyer v. Lincoln Cnty., 915 P.2d 175 (Mont. 1996). · cites it 58× “The District Court determined that although Stratemeyer's complaint was filed within three years, as required by § 27-2-204, MCA, Stratemeyer had failed to first file his administrative claim with Lincoln County, as required by § 2-9-301, MCA, which, according to the District…”

Est. of Woody Ex Rel. Woody v. Big Horn Cnty., 2016 MT 180 (Mont. 2016). · cites it 52× “¶10 Section 2-9-301, MCA, sets forth administrative claim requirements for actions against the State and political subdivisions.”

Turner v. City of Dillon, 2020 MT 83 (Mont. 2020). · cites it 23× “1 1 Section 2-9-301, MCA, provides: “(1) All claims against the state arising under the provisions of parts 1 through 3 of this chapter must be presented in writing to the department of administration. (2) A complaint based on a claim subject to the provisions of subsection (1)…”

Buettner v. State Dep't of Lab, 784 P.2d 906 (Mont. 1989). · cites it 31× “Appellant Buettner, pro se, appeals a decision of the District Court of the First Judicial District, Lewis and Clark County, wherein the District Court granted respondents’ motion to dismiss appellant’s complaint against the State because appellant failed to comply with §…”

Wing v. State Ex Rel. Dep't of Transp., 2007 MT 72 (Mont. 2007). · cites it 34× “Whether § 2-9-301, MCA, is unconstitutionally vague.”

M. Plakorus v. Univ. of Montana, 2020 MT 312 (Mont. 2020). · cites it 6× “shall have no immunity from suit for injury to a person or property, except as may be specifically provided by law by a 2/3 vote of each house of the legislature”); § 2-9-102, MCA (“[e]very governmental entity is subject to liability for its torts and those of its employees…”

Stenstrom v. State, 930 P.2d 650 (Mont. 1996). · cites it 10× “However, because Stenstrom failed to present his tort claims to the Department of Administration pursuant to § 2-9-301(1), MCA, his tort claims were properly dismissed.”

Rouse v. Anaconda-Deer Lodge Cnty., 817 P.2d 690 (Mont. 1991). · cites it 8× “With respect to claims against the state, § 2-9-301, MCA, set forth above, provides that the department of administration must grant or deny a claim against the state within 120 days after presentation to the department.”

Mont. State Univ.-Bozeman v. Mont. First Jud. Dist. Court, 426 P.3d 541 (Mont. 2018). · cites it 2× “See § 2-9-301, MCA (requirement for advance tort claim notice to State of Montana).”

Gomez v. State, 1999 MT 67 (Mont. 1999). · cites it 6× “Thus, in the present case, when the RMTD received Gomez's claim on November 6, 1995, the three-year statute of limitations applicable to his tort causes of action was tolled for 120 days. ¶ 13 The District Court applied the above principles in analyzing whether Gomez's causes of…”

Crowell v. Sch. Dist. No. 7, 805 P.2d 522 (Mont. 1991). · cites it 4× “Part 3Claims and Actions Section 2-9-301 sets forth the procedure for filing claims against the State.”

Hollister v. Forsythe, 889 P.2d 1205 (Mont. 1995). · cites it 2× “After affirming the summary judgment against Buettner, this Court, in dicta, stated: However, while we must affirm the trial judge in granting summary judgment in this case, we call to the attention of the plaintiff who brought this case to us pro se, that under the provisions…”

Show all 31 citing cases →

— Mont. Code Ann. § 2-9-301(1) — 4 cases

Stenstrom v. State, 930 P.2d 650 (Mont. 1996). “However, because Stenstrom failed to present his tort claims to the Department of Administration pursuant to § 2-9-301(1), MCA, his tort claims were properly dismissed.”

Nelson v. Twin Bridges High Sch., Etc., 593 P.2d 722 (Mont. 1979).

Miller v. Kirdegard, 2014 MT 232N (Mont. 2014).

Longjaw v. State (Mont. 2022).

— Mont. Code Ann. § 2-9-301(2) — 11 cases

Est. of Woody Ex Rel. Woody v. Big Horn Cnty., 2016 MT 180 (Mont. 2016). “¶10 Section 2-9-301, MCA, sets forth administrative claim requirements for actions against the State and political subdivisions.”

Gomez v. State, 1999 MT 67 (Mont. 1999). “Thus, in the present case, when the RMTD received Gomez's claim on November 6, 1995, the three-year statute of limitations applicable to his tort causes of action was tolled for 120 days. ¶ 13 The District Court applied the above principles in analyzing whether Gomez's causes of…”

Turner v. City of Dillon, 2020 MT 83 (Mont. 2020). “1 1 Section 2-9-301, MCA, provides: “(1) All claims against the state arising under the provisions of parts 1 through 3 of this chapter must be presented in writing to the department of administration. (2) A complaint based on a claim subject to the provisions of subsection (1)…”

Wing v. State Ex Rel. Dep't of Transp., 2007 MT 72 (Mont. 2007). “Whether § 2-9-301, MCA, is unconstitutionally vague.”

— Mont. Code Ann. § 2-9-301(3) — 6 cases

Stratemeyer v. Lincoln Cnty., 915 P.2d 175 (Mont. 1996). “The District Court determined that although Stratemeyer's complaint was filed within three years, as required by § 27-2-204, MCA, Stratemeyer had failed to first file his administrative claim with Lincoln County, as required by § 2-9-301, MCA, which, according to the District…”

Est. of Michael Ostby v. Yellowstone Cnty. (D. Mont. 2020).

Sugg (D. Mont. 2026).

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