## How the limitation period applies

The controlling primary authority for US-MT legal malpractice SOL (Mont. Code Ann. § 27-2-206) is **Mont. Code Ann. § 27-2-206**.

> **Mont. Code Ann. § 27-2-206.** An action against an attorney licensed to practice law in Montana or a paralegal assistant or a legal intern employed by an attorney based upon the person's alleged professional negligent act or for error or omission in the person's practice must be commenced within 3 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the act, error, or omission, whichever occurs last, but in no case may the action be commenced after 10 years from the date of the act, error, or omission. History: En. 93-2625 by Sec. 1, Ch. 220, L. 1977; R.C.M. 1947, 93-2625. Disclaimer: The Internet version of the Montana Code Annotated is provided as a research tool to users of the Code. In case of inconsistencie

## Use the calculator

DocketMath's statute-of-limitations tool can model these timelines once you identify the controlling claim type and accrual date. Use the source panel for the verified primary-source citations.

[Open the Statute of Limitations calculator](/tools/statute-of-limitations)

## Sources

- [Mont. Code Ann. § 27-2-206 — Mont. Code Ann. § 27-2-206](https://mca.legmt.gov/bills/mca/title_0270/chapter_0020/part_0020/section_0060/0270-0020-0020-0060.html)

All sources are official primary law published by `mca.legmt.gov`.

**Corroboration method:** government_primary_source_direct_fetch.


In Montana, legal malpractice claims generally must be filed within a fixed window measured from when the claim “accrues.” For most cases, Montana appli...

Statute of Limitations for Legal Malpractice in Montana

The period prescribed for the commencement of an action on a contract, account, or promise not founded on an instrument in writing is within 5 years.

The period prescribed for the commencement of an action on any contract, covenant, obligation, or liability founded on an instrument in writing is within 6 years.

The period prescribed for the commencement of an action for relief on the ground of fraud or mistake is within 2 years, the cause of action in such case not to be deemed to have accrued until the discovery by the aggrieved party of the facts constituting the fraud or mistake.

An action against an attorney licensed to practice law in Montana or a paralegal assistant or a legal intern employed by an attorney based upon the person's alleged professional negligent act or for error or omission in the person's practice must be commenced within 3 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the act, error, or omission, whichever occurs last, but in no case may the action be commenced after 10 years from the date of the act, error, or omission.

The period prescribed for the commencement of an action for libel, slander, assault, battery, false imprisonment, or seduction is within 2 years.

Action in tort or contract for injury or death against a physician or surgeon, physician assistant, dentist, dental hygienist, registered nurse, advanced practice registered nurse, nursing home or hospital administrator, dispensing optician, optometrist, licensed physical therapist, podiatrist, psychologist, osteopath, chiropractor, clinical laboratory bioanalyst, clinical laboratory technologist, pharmacist, veterinarian, a licensed hospital or long-term care facility, or licensed medical professional corporation, based upon alleged professional negligence or for rendering professional services without consent or for an act, error, or omission, must, except as provided in subsections (2) and (3), be commenced within 2 years after the date of injury or within 2 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the injury, whichever occurs last, but in no case may an action be commenced after 5 years from the date of injury.

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.

Within 2 years is the period prescribed for the commencement of an action for: (1) injury to or waste or trespass on real or personal property; (2) taking, detaining, or injuring any goods or chattels, including actions for the specific recovery of personal property; (3) killing or injuring stock by a railroad corporation or company.

An action for breach of any contract for sale must be commenced within 4 years after the cause of action has accrued. By the original agreement the parties may reduce the period of limitation to not less than 1 year but may not extend it.

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.

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.

(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.

(2) Except as provided in subsection (3), an employee may recover wages and penalties for a period of 2 years prior to the date on which the claim is filed if the employee is still employed by the employer or for a period of 2 years prior to the date of the employee's last date of employment.

Under Mont. Code Ann. § 27-2-204(1), an action upon a liability not founded on an instrument in writing (including PI, negligence) must be commenced within 3 years. Wrongful death under (2) is 3yr (10yr if homicide). Intentional torts (libel/slander/assault/battery/false-imprisonment/seduction) under (3) are 2yr. Controls general PI, premises liability, product liability, slip-and-fall, dog bite in Montana.

Under Mont. Code Ann. § 27-2-204(1), an action upon a liability not founded upon an instrument in writing must be commenced within 3 years. IIED and NIED are personal injury torts governed by this general catchall. They are not enumerated in the 2-year list of § 27-2-204(3), which covers only libel, slander, assault, battery, false imprisonment, and seduction.

Statute of limitations for personal injury in US-MT is 3 years under Mont. Code Ann. § 27-2-204(1).

Statute of limitations for wrongful death in US-MT is 3 years under Mont. Code Ann. § 27-2-204(2).

Statute of limitations for medical malpractice in US-MT is 2 years under Mont. Code Ann. § 27-2-205(1).

Statute of limitations for legal malpractice in US-MT is 3 years under Mont. Code Ann. § 27-2-206.

Statute of limitations for product liability in US-MT is 3 years under Mont. Code Ann. § 27-2-204(1).

Statute of limitations for premises liability in US-MT is 3 years under Mont. Code Ann. § 27-2-204(1).

Statute of limitations for breach written contract in US-MT is 6 years under Mont. Code Ann. § 27-2-202(1).

Statute of limitations for breach oral contract in US-MT is 5 years under Mont. Code Ann. § 27-2-202(2).

Statute of limitations for ucc sale of goods in US-MT is 4 years under Mont. Code Ann. § 30-2-725(1).

Statute of limitations for fraud in US-MT is 2 years under Mont. Code Ann. § 27-2-203.

Statute of limitations for libel in US-MT is 2 years under Mont. Code Ann. § 27-2-204(3).

Statute of limitations for slander in US-MT is 2 years under Mont. Code Ann. § 27-2-204(3).

Statute of limitations for property damage in US-MT is 2 years under Mont. Code Ann. § 27-2-207(1).

Statute of limitations for trespass in US-MT is 2 years under Mont. Code Ann. § 27-2-207(1).

Montana Code Annotated § 27-2-202(1) establishes a 6-year statute of limitations for actions on written contracts, including promissory notes.

Under Montana's Wage Protection Act an employee may recover wages and penalties for a period of two years prior to the date the claim is filed, under Mont. Code Ann. § 39-3-207(2).

The period prescribed for the commencement of an action upon a judgment or decree of any court of record of the United States or of any state within the United States is within 10 years.