Table of Contents TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS CHAPTER 2. STATUTES OF LIMITATIONS Part 2. Time Limits on Specific Kinds of Actions
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7 27-2-201 32 27-2-202 23 27-2-203 39 27-2-204 11 27-2-205 17 27-2-206 16 27-2-207 5 27-2-208 7 27-2-209 27-2-210 14 27-2-211 27-2-212 27-2-213 27-2-214 27-2-215 3 27-2-216 27-2-217 8 27-2-231

Mont. Code Ann. § 27-2-202

(2017)

Actions based on contract or other obligation

(1) The period prescribed for the commencement of an action upon any contract, obligation, or liability founded upon an instrument in writing is within 8 years.

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

(3) The period prescribed for the commencement of an action upon an obligation or liability, other than a contract, account, or promise, not founded upon an instrument in writing is within 3 years.

Opinions construing this section

32 opinions
2026 MT 137N Jun 30, 2026 Affirmed
McCaul v. Wells Fargo Bank
Majority by Ingrid Gustafson · 5 to 0
ons for fraud/deceit or mistake is two years. Section 27-2-203, MCA. The statute of limitations for unjust enrichment and tortious interference is three years. Section 27-2-202(3), MCA (“The period prescribed for the commencement of an action on an obligation or liability, other than a contract, account, or promise, not founded on an instru
2024 MT 98 May 7, 2024 Affirmed
Missoula County v. DOC
Majority by Jim Rice · 4 to 3
ocurement contracts governed by Title 18, not to the Title 7 Interlocal Agreement at issue here, and therefore, the eight-year contract limitation period under § 27-2-202(1), MCA, should apply. The County argues that, at a minimum, there exists a dispute over which limitation period applies and therefore this Court should conclude the l
2024 MT 98 May 7, 2024 Affirmed
Missoula County v. DOC
Dissenting by Laurie McKinnon · 4 to 3
n was set forth in the Montana Securities Act. Thiel, 218 Mont. at 205, 710 P.2d at 35. The plaintiffs contended the eight-year statute of limitations found at § 27-2-202(1), MCA, applied, which pertained to written contracts. Thiel, 218 Mont. at 204, 710 P.2d at 35. The defendants contended that the two-year statute of limitations foun
2023 MT 30N Feb 21, 2023 Reversed
Centron Services v. C. Delorean
Majority by Ingrid Gustafson · 4 to 1
5 P.3d 201—(1) proceeded with diligence; (2) its neglect was excusable; (3) it has a meritorious defense to the claim; and (4) if permitted to stand, the 1 Section 27-2-202(2), MCA, provides a 5-year statute of limitations on an account, such as the debt claimed in this cause, not founded upon an instrument in writing. 5 judgment woul
2022 MT 119 Jun 21, 2022 Reversed
Smith v. Lindemulder
Majority by Jim Rice · 5 to 0
luence contentions. ¶9 The District Court also rejected Sam’s position that the Contract for Deed should be enforced. It first concluded that, pursuant to § 27-2-202, MCA, any applicable statute of limitations for an action to enforce the Contract had expired. The District Court found that, although there was evidence Sam made s
Official Annotations archive.org, 2017 edition
History:
Ap. p. Sec. 1, p. 172, L. 1889
Re-en. Sec. 512, C. Civ. Proc. 1895
Re-en. Sec. 6445, Rev. C. 1907
Re-en. Sec. 9029, R.C.M. 1921
Cal. C. Civ. Proc. Sec. 337
Re-en. Sec. 9029, R.C.M. 1935
Sec. 93-2603, R.C.M. 1947
Ap. p. Sec. 513, C. Civ. Proc. 1895
Amd. Sec. 1, Ch. 157, L. 1901
Amd. Sec. 1, Ch. 128, L. 1903
Re-en. Sec. 6446, Rev. C. 1907
Re-en. Sec. 9030, R.C.M. 1921
Cal. C. Civ. Proc. Sec. 339
Re-en. Sec. 9030, R.C.M. 1935
Amd. Sec. 13, Ch. 263, L. 1975
Sec. 93-2604, R.C.M. 1947
Ap. p. 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
Ap. p. 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
R.C.M. 1947, 93-2601(part), 93-2603, 93-2604(1), 93-2605(3)
Amd. Sec. 16, Ch. 12, L. 1979
Source text on leg.mt.gov