Mont. Code Ann. » TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS · CHAPTER 2. STATUTES OF LIMITATIONS · Part 4. Circumstances Which Extend Period of Limitations
Montana Code Annotated

Mont. Code Ann. § 27-2-407 (2026)

When Action Terminated Or Judgment Reversed

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 27
  3. CHAPTER 2
  4. Part 4
  5. 27-2-407 When action terminated or judgment reversed

TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 2. STATUTES OF LIMITATIONS

Part 4. Circumstances Which Extend Period of Limitations

When Action Terminated Or Judgment Reversed

27-2-407. When action terminated or judgment reversed. If an action is commenced within the time limited for the action and a judgment is reversed on appeal without awarding a new trial or the action is terminated in any other manner than by a voluntary discontinuance, a dismissal of the complaint for neglect to prosecute the action, or a final judgment upon the merits, the plaintiff or, if the plaintiff dies and the cause of action survives, the plaintiff's representative may commence a new action for the same cause after the expiration of the time limited and within 1 year after a reversal or termination.

History: En. Sec. 17, p. 469, Bannack Stat.; re-en. Sec. 15, p. 518, Cod. Stat. 1871; re-en. Sec. 51, p. 50, L. 1877; re-en. Sec. 51, 1st Div. Rev. Stat. 1879; re-en. Sec. 51, 1st Div. Comp. Stat. 1887; amd. Sec. 547, C. Civ. Proc. 1895; re-en. Sec. 6464, Rev. C. 1907; re-en. Sec. 9054, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 355; re-en. Sec. 9054, R.C.M. 1935; R.C.M. 1947, 93-2708; amd. Sec. 602, Ch. 56, L. 2009.

Notes of Decisions
Cited in 24 cases (2 in the last 5 years), 1979–2026 · leading case: Brilz v. Metro. Gen. Ins., 2012 MT 184 (Mont. 2012).
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Brilz v. Metro. Gen. Ins., 2012 MT 184 (Mont. 2012). · cites it 26× “Because the statute of limitations on that claim had since expired, Brilz requested a ruling that she may pursue the claim pursuant to § 27-2-407, MCA, or this Court’s doctrine of equitable tolling.”
Webb v. T.D., 912 P.2d 202 (Mont. 1996). · cites it 26× “Section 27-2-407, MCA (emphasis added). Tietjen is not dispositive of the tolling issue raised in this case, however.”
Labair Ex Rel. Labair v. Carey, 2012 MT 312 (Mont. 2012). · cites it 9× “¶48 I concur in the Court’s decision—including the Court’s holding that an attorney whose actions caused the loss of the underlying claim in the first place cannot then rely on the savings statute (§ 27-2-407, MCA) as a defense in the legal malpractice action and affirmatively…”
Hollister v. Forsythe, 889 P.2d 1205 (Mont. 1995). · cites it 14× “Issue Under Montana’s “renewal” statute, § 27-2-407, MCA, is the statute of limitations tolled for one year from the date a claim is terminated at the trial court level or is it tolled for one year from the date the claim is terminated at the appeal court level? Background…”
Williams v. Zortman Mining, Inc., 914 P.2d 971 (Mont. 1996). · cites it 20× “We consider the following dispositive issue on appeal: Does the "savings statute," § 27-2-407, MCA, apply to save Williams' claim from being barred by the statute of limitations? Gerry Williams (Williams) was employed by Zortman Mining, Inc.”
Belanus v. Potter, 2017 MT 95 (Mont. 2017). · cites it 7× “¶19 Belanus argues that based upon his federal action, § 27-2-407, MCA, provided him with an additional year in which to file his state district court claim.”
Hollister v. Forsythe, 918 P.2d 665 (Mont. 1996). · cites it 4× “In Hollister, we held that Hollister's claims in state court were not barred by the statute of limitations because: under Montana's renewal statute, § 27-2-407, MCA, use of the word "termination" refers to the ultimate termination which occurs after final appellate action.”
Seamster v. Musselshell Cnty. Sheriffs Off., 2014 MT 84 (Mont. 2014). · cites it 2× “3 Neither party raises the “savings statute," § 27-2-407, MCA, which allows for a one-year extension of the statute of limitations when a timely-filed complaint is dismissed.”
Cannonball Fund, Ltd. v. Dutchess Capital Mgmt., LLC, 993 N.E.2d 350 (Mass. App. Ct. 2013). “§ 1A-1, Rule 41(a)(1) (2011), whereas Pennsylvania and Montana explicitly exclude them, Mont. Code Ann. § 27-2-407 (2011) (excluding “voluntary discontinuance”); 42 Pa.”
Brekke v. Volcker, 652 F. Supp. 651 (D. Mont. 1987). · cites it 2× “Under section 27-2-407 M.C.A. (1985), as interpreted by the Supreme Court of Montana in Cassidy v.”
Buettner v. State Dep't of Lab, 784 P.2d 906 (Mont. 1989). · cites it 4× “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 of § 27-2-407, MCA, he is allowed to bring a new action for the same cause after the…”
Taggart v. Rutledge, 657 F. Supp. 1420 (D. Mont. 1987). · cites it 2× “See Mont. Code Ann. § 27-2-407 (1985); Cassidy v.”
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