Mont. Code Ann. » TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS · CHAPTER 2. STATUTES OF LIMITATIONS · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 27-2-101 (2026)

Definition Of Action

✓ current as of May 2026
Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
  1. MCA Contents
  2. TITLE 27
  3. CHAPTER 2
  4. Part 1
  5. 27-2-101 Definition of action

TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 2. STATUTES OF LIMITATIONS

Part 1. General Provisions

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.

Notes of Decisions
Cited in 6 cases, 2001–2013 · leading case: Jones v. Montana Nineteenth Jud. Dist. Court, 2001 MT 276 (Mont. 2001).
Sort: Relevance Newest Treatment
Jones v. Montana Nineteenth Jud. Dist. Court, 2001 MT 276 (Mont. 2001). · cites it 12× “Section 27-2-231, MCA, reads: "An action for relief not otherwise provided for must be commenced within 5 years after the cause of action accrues.”
Preston v. Transp. Ins., 2004 MT 339 (Mont. 2004). · cites it 16× “" Hence, her petition, which was based on Preston and Transportation's mutual mistake regarding her mental illness, was timely because she petitioned the Department of Labor for mediation on November 29, 2000.”
Pena v. State, 2004 MT 293 (Mont. 2004). · cites it 2× “is to be construed, whenever it is necessary to do so, as including a special proceeding of a civil nature," see § 27-2-101, MCA, it is clearly not "necessary to do so" here, because the statutes governing postconviction relief contain specific time provisions relating only to…”
Peña v. State, 2004 MT 293 (Mont. 2004). · cites it 2× “is to be construed, whenever it is necessary to do so, as including a special proceeding of a civil nature,” see § 27-2-101, MCA, it is clearly not “necessary to do so” here, because the statutes governing postconviction relief contain specific time provisions relating only to…”
Metro Aviation, Inc. v. United States, 2013 MT 193 (Mont. 2013). · cites it 2× “Moreover, among Montana’s statutes, “action” is defined in various ways including, (1) “a judicial proceeding or arbitration in which a payment in money may be awarded or enforced with respect to a foreign-money claim” (§ 25-9-702(1), MCA); (2) “a special proceeding of a civil…”
Marriage of McNea & Miller, 2008 MT 152N (Mont. 2008). · cites it 3× “” Miller argues that the word “action,” as it applies to statutes of limitation, was intended “to have a broad rather than restrictive meaning” and should include her 2002 Motion for Release of Account Information.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.