Statute of Limitations for False Arrest / False Imprisonment in Montana

Overview

In Montana, claims that involve being wrongfully detained—often described as false arrest or false imprisonment—are subject to a statute of limitations (SOL). The SOL sets the deadline for filing a lawsuit, measured from when the claim accrues.

For DocketMath users, the key takeaway is that Montana’s SOL for these detention-related tort claims is governed by the general limitations rule. No claim-type-specific sub-rule for false arrest/false imprisonment was identified in the jurisdiction data provided; the discussion below therefore uses the default/general period.

This page focuses on (1) the default SOL period, (2) how accrual and filings are typically approached in practice, (3) Montana-specific exceptions and adjustments you may see referenced in case law and filings, and (4) how to run the numbers using the DocketMath Statute of Limitations calculator.

Limitation period

Default SOL: 3 years

Under Montana’s general SOL statute for certain civil actions:

• General SOL period: 3 years
• General statute: **Montana Code Annotated § 27-2-102(3)
• SOL duration: count 3 years from the date the claim accrues (more on accrual below)

Montana Code Annotated § 27-2-102(3) is treated here as the general/default limitations period, since no separate, claim-type-specific SOL rule was identified for false arrest/false imprisonment in the provided jurisdiction data.

Accrual: the practical “start date” issue

Even with a known 3-year duration, the timeline can move because the SOL begins running when a claim accrues. In detention-related cases, accrual is frequently argued around events such as:

• the end of the detention,
• when the person learns the detention was allegedly unlawful, or
• the point at which the claim is legally “complete” enough to sue.

Because accrual varies with facts, treat the “3 years” as the length, while the accrual date is the trigger that determines your deadline.

To make this concrete, here’s how the math typically looks once you have an accrual date:

What changes the output in DocketMath?

When you run the DocketMath calculator, your result changes based on inputs like:

• the accrual date you enter (or the closest date you can support),
• whether any tolling or statutory delay applies (if you select relevant options).

If you pick a later accrual date than what a court finds is correct, the computed deadline may be too far in the future.

Key exceptions

Montana has several doctrines that can affect whether the SOL is strictly measured from the original accrual date. The most common categories you’ll see in practice include tolling and statutory adjustments.

Because your jurisdiction data focuses on the general SOL period and does not provide a claim-specific false arrest/false imprisonment exception, keep the exceptions framework general:

1) Tolling that pauses or extends the clock

A “tolling” rule can stop the SOL from running for a period, effectively pushing the deadline out.

Examples in many SOL systems include:

• certain legal disabilities (such as minority),
• periods where a defendant is not subject to service,
• other statutory tolling triggers.

This page does not list every tolling scenario in Montana because your inputs did not include a comprehensive exception table; instead, use the calculator to model timelines and then verify whether a tolling doctrine applies to your situation using Montana’s SOL/tolling statutes and the facts.

2) Accrual disputes (not really an “exception,” but it changes the deadline)

Many detention cases turn on what event triggers accrual. That dispute operates like a practical exception: if accrual is pushed forward, the deadline moves with it.

Questions that frequently matter for accrual arguments:

• When was the detention effectively over?
• Did the plaintiff have notice of the allegedly wrongful basis at the relevant time?
• Was there a later procedural event that made the claim actionable?

3) Filing mechanics and deadlines

Even if you compute the correct SOL, litigation can fail for technical reasons if filings are late. Keep an eye on:

• the date the complaint is filed in court (not merely drafted),
• service timelines that follow filing (separate from SOL, but often intertwined in how cases progress).

Statute citation

The general limitations period used for this topic is:

• **Montana Code Annotated § 27-2-102(3) General SOL period: 3 years

This 3-year rule is treated here as the default/general period for false arrest/false imprisonment based on the jurisdiction data provided (and no claim-type-specific sub-rule was identified for these tort labels).

Use the calculator

DocketMath’s Statute of Limitations calculator helps you compute the end date based on the start (“accrual”) date and the SOL duration.

1. Open the tool: **/tools/statute-of-limitations
2. Enter the accrual date you plan to rely on (or the best-supported date in the record).
3. Confirm the SOL basis is the Montana 3-year general rule from Mont. Code Ann. § 27-2-102(3).
4. Review the computed deadline date.

If your case involves any possible tolling, repeat the calculation using different scenarios (for example, “tolling period assumed” vs. “no tolling”) so you can see how sensitive the deadline is.

Quick checklist for better calculator inputs

When you’re done, save the deadline you computed and compare it against your litigation calendar. If the computed deadline is tight, you may want to build in extra time for drafting and filing so you’re not working down to the last day.

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 — Tool comparison
• Statute of limitations in Singapore: how to estimate the deadline — How-to guide
• Choosing the right statute of limitations tool for Connecticut — Tool comparison