Statute of Limitations for Assault and Battery (intentional tort) in Montana

Overview

Run this scenario in DocketMath using the Statute Of Limitations calculator.

In Montana, the statute of limitations (SOL) for an intentional assault and battery claim is generally 3 years under Montana Code Annotated (MCA) § 27-2-102(3). In other words, when no more specific rule applies, Montana uses a default 3-year limitations period for many personal-injury-type actions.

Because intentional-tort claims can sometimes be pleaded or categorized differently depending on the facts (for example, how the harm is described and what form of relief is sought), it can be more accurate to think of this as a claim-structure and accrual-date problem as well as a simple “3-year clock” problem. DocketMath helps you translate the relevant dates into a practical filing deadline using Montana’s default period.

Limitation period

A 3-year SOL generally means you must file your claim within 3 years after the limitations clock starts. Based on the jurisdiction data provided, the governing baseline is MCA § 27-2-102(3), which sets a 3-year period for qualifying actions.

What you need to determine first

To use Montana’s SOL correctly in practice, gather these two date inputs:

1. Event date: the date the assault/battery occurred
2. Accrual date: the date the claim legally “accrues,” which is often—but not always—the event date

For straightforward situations, the event date and accrual date may be the same. However, if harm was discovered later or the legal right to sue didn’t “ripen” immediately, the accrual date may differ.

How the deadline changes (default-only concept)

With the default 3-year rule, the deadline typically shifts based on when the clock starts:

• Earlier event/accrual date → earlier SOL expiration
• Later event/accrual date → later SOL expiration
• If a qualifying exception applies, the end date may extend (see next section)

Example timelines using the 3-year default:

DocketMath will compute your SOL expiration date using the inputs you choose for Montana under the default 3-year baseline.

Key exceptions

Even with a 3-year default, Montana limitations deadlines can be affected by exceptions that either:

1. Change when the clock starts (delay accrual), or
2. Pause (“toll”) the clock during certain periods

Because the brief only provided the general/default period, the main goal here is to help you spot whether an exception might be relevant to your facts before relying on a simple “3 years from X” calculation.

1) Exceptions that affect when the clock starts

Some scenarios can delay accrual—meaning the claim may not become actionable until a later date. That later accrual date can push the SOL expiration outward.

2) Exceptions that pause (“toll”) the clock

Other doctrines can suspend the SOL clock for certain circumstances. Common categories (not specific to assault/battery in the provided data) include:

• Legal incapacity (e.g., minor status)
• Certain disabilities or impediments
• Situations where fairness concerns justify pausing the deadline due to facts affecting the ability to pursue the claim

Practical checklist before running DocketMath

Before you calculate, gather the following:

If any of these apply, run the calculator using the most defensible event/accrual dates and then stress-test the deadline with alternative assumptions consistent with your situation.

Statute citation

The general/default SOL period used as the baseline in the provided jurisdiction data is:

• Montana Code Annotated § 27-2-102(3) — 3 years (general rule)

No assault/battery-specific sub-rule was identified in the supplied jurisdiction data, so § 27-2-102(3) is the anchor for the calculations on this page.

Use the calculator

Use DocketMath to compute a practical SOL expiration date using Montana’s 3-year default period from MCA § 27-2-102(3).

Open the tool

Go to: /tools/statute-of-limitations

Step-by-step (what to enter)

1. Select Jurisdiction: Montana (US-MT)
2. Select the claim category that best matches your assault/battery workflow within the tool (or the closest available option)
3. Enter your event/accrual date:

   • If accrual is straightforward, enter the date of the assault/battery
   • If you believe accrual occurred later, enter the accrual date instead
4. Review the computed SOL expiration date and any tool flags/warnings

How inputs affect outputs

With a 3-year baseline:

• If you change the event/accrual date, the SOL expiration typically moves by the same amount of time.
• If the tool allows exception/toll-related adjustments in your workflow, those adjustments may shift the expiration date later.

Common pitfall: Using the event date when the correct accrual date is later (or vice versa). Near-deadline calculations can be sensitive to even small date differences.

Suggested workflow before relying on the result

This information is for timeline modeling and general guidance only. It is not legal advice. If your case involves unusual facts (e.g., multiple incidents, unclear accrual timing, or complex pleading/category issues), consider verifying your assumptions with a qualified professional.

Sources and references

Start with the primary authority for Montana and confirm the effective date before relying on any output. If the rule has been amended, update the inputs and rerun the calculation.

• Mont. Code Ann. § 27-2-201

Related reading

• Choosing the right statute of limitations tool for Vermont — How to choose the right calculator
• Statute of limitations in Singapore: how to estimate the deadline — Full how-to guide with jurisdiction-specific rules
• Choosing the right statute of limitations tool for Connecticut — How to choose the right calculator