Montana Code Annotated

Mont. Code Ann. § 27-2-204 (2026)

Tort Actions -- General And Personal Injury

✓ current as of May 2026

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TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 2. STATUTES OF LIMITATIONS

Part 2. Time Limits on Specific Kinds of Actions

Tort Actions -- General And Personal Injury

27-2-204. (Temporary) 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.

27-2-204. (Effective October 1, 2026) Tort actions -- general and personal injury. (1) Except as provided in 27-2-216 and 27-2-219, the period prescribed for the commencement of an action on a liability not founded on an instrument in writing is within 3 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; amd. Sec. 4, Ch. 709, L. 2025.

Notes of Decisions

Cited in 192 cases (45 in the last 5 years), 1979–2026 · leading case: Blackburn v. Blue Mountain Women's Clinic, 951 P.2d 1 (Mont. 1997).

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Blackburn v. Blue Mountain Women's Clinic, 951 P.2d 1 (Mont. 1997). · cites it 50× “Blackburn has put forth claims of negligence, to which the statute of limitations codified at § 27-2-204, MCA, applies, against Blue Mountain Clinic, its counselor Jane Doe, as well as against Dr.”

Yellowstone Conf. of the United Methodist Church v. D.A. Davidson, Inc., 741 P.2d 794 (Mont. 1987). · cites it 31× “Did the District Court err when it held that § 27-2-204(1), MCA, barred the Church's cause of action? 3.”

Brewington v. Employers Fire Ins., 1999 MT 312 (Mont. 1999). · cites it 26× “We further conclude that the proper statute of limitation is three years, as provided in § 27-2-204, MCA. ISSUE 3 ¶ 25 When did the statute of limitations begin to run with respect to Brewington's claim? ¶ 26 The general rule is that the statute of limitations begins to run from…”

Nelson v. Nelson, 2002 MT 151 (Mont. 2002). · cites it 14× “DISCUSSION ¶ 10 Did the District Court err when it granted summary judgment to Robert? ¶ 11 In its memorandum and order granting summary judgment, the District Court concluded Elizabeth was barred by the three-year statute of limitations under § 27-2-204(1), MCA, because…”

Stratemeyer v. Lincoln Cnty., 915 P.2d 175 (Mont. 1996). · cites it 12× “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…”

Rouse v. Anaconda-Deer Lodge Cnty., 817 P.2d 690 (Mont. 1991). · cites it 26× “Malicious Prosecution Claim The District Court held that § 27-2-204, MCA, is the statute of limitation applicable to the claims of assault and malicious prosecution against the individual defendants Martelli and Cutler.”

Johnston v. Centennial Log Homes & Furnishings, Inc., 2013 MT 179 (Mont. 2013). · cites it 12× “Section 27- 2-211(1)(c), MCA (providing that statute of limitations for “a liability created by statute” generally is two years).”

Ritland v. Rowe, 861 P.2d 175 (Mont. 1993). · cites it 18× “In response, plaintiffs asserted that the applicable statute of limitations was found at § 27-2-204, MCA, which provides that tort claims, including negligence, must be filed within three years from the date of accrual.”

Werre v. David, 913 P.2d 625 (Mont. 1996). · cites it 8× “(3) The period prescribed for the commencement of an action for libel, slander, assault, battery, false imprisonment, or seduction is within 2 years.”

Erickson v. Croft, 760 P.2d 706 (Mont. 1988). · cites it 9× “However, Erickson urges this Court to adopt and apply a doctrine called “equitable tolling” to avoid the consequences of the statute of limitations in this case.”

E.W. v. D.C.H., 754 P.2d 816 (Mont. 1988). · cites it 6× “Plaintiffs appeal the memorandum and order of the District Court of the Fourth Judicial District, Missoula County, which found that plaintiffs’ claims were barred by the statute of limitations governing torts, Section 27-2-204, MCA. We affirm. Plaintiffs present the following…”

Tynes v. Bankers Life Co., 730 P.2d 1115 (Mont. 1986). · cites it 6× “Section 27-2-204(1), MCA. The claim for violation of the Unfair Claims Practices Act arises out of a statutory scheme but consists of a separate cause of action, again in tort.”

Show all 192 citing cases →

— Mont. Code Ann. § 27-2-204(1) — 67 cases

Blackburn v. Blue Mountain Women's Clinic, 951 P.2d 1 (Mont. 1997). “Blackburn has put forth claims of negligence, to which the statute of limitations codified at § 27-2-204, MCA, applies, against Blue Mountain Clinic, its counselor Jane Doe, as well as against Dr.”

Yellowstone Conf. of the United Methodist Church v. D.A. Davidson, Inc., 741 P.2d 794 (Mont. 1987). “Did the District Court err when it held that § 27-2-204(1), MCA, barred the Church's cause of action? 3.”

Nelson v. Nelson, 2002 MT 151 (Mont. 2002). “DISCUSSION ¶ 10 Did the District Court err when it granted summary judgment to Robert? ¶ 11 In its memorandum and order granting summary judgment, the District Court concluded Elizabeth was barred by the three-year statute of limitations under § 27-2-204(1), MCA, because…”

Johnston v. Centennial Log Homes & Furnishings, Inc., 2013 MT 179 (Mont. 2013). “Section 27- 2-211(1)(c), MCA (providing that statute of limitations for “a liability created by statute” generally is two years).”

Brewington v. Employers Fire Ins., 1999 MT 312 (Mont. 1999). “We further conclude that the proper statute of limitation is three years, as provided in § 27-2-204, MCA. ISSUE 3 ¶ 25 When did the statute of limitations begin to run with respect to Brewington's claim? ¶ 26 The general rule is that the statute of limitations begins to run from…”

— Mont. Code Ann. § 27-2-204(2) — 3 cases

Schaffer v. Champion Home Builders Co., 747 P.2d 872 (Mont. 1987).

Runstrom v. Allen, 2008 MT 281 (Mont. 2008).

In Re Ski Train Fire in Kaprun, Austria on November 11, 2000, 257 F. Supp. 2d 648 (S.D.N.Y. 2003).

— Mont. Code Ann. § 27-2-204(3) — 12 cases

Rouse v. Anaconda-Deer Lodge Cnty., 817 P.2d 690 (Mont. 1991). “Malicious Prosecution Claim The District Court held that § 27-2-204, MCA, is the statute of limitation applicable to the claims of assault and malicious prosecution against the individual defendants Martelli and Cutler.”

Powder River Cnty. v. State, 2002 MT 259 (Mont. 2002).

Engine Rebuilders, Inc. v. Seven Seas Imp.-Exp. & Merc., Inc., 615 P.2d 871 (Mont. 1980).

Montana Supreme Court Comm'n on the Unauthorized Practice of Law v. O'Neil, 2006 MT 284 (Mont. 2006).

— Mont. Code Ann. § 27-2-204(a) — 1 case

Kortlander v. Cornell, 816 F. Supp. 2d 982 (D. Mont. 2011).

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