Montana Code 17-8-404. Limitation of actions
17-8-404. Limitation of actions. (1) A complaint or civil action filed under 17-8-405 or 17-8-406 must be brought by the later of:
Terms Used In Montana Code 17-8-404
- Claim: includes any request or demand for money, property, or services, whether made pursuant to a contract and regardless of whether a governmental entity holds title to the money or property, that is made to:
(a)an employee, officer, agent, or other representative of a governmental entity; or
(b)a contractor, grantee, or other person, whether under contract or not, if any portion of the money, property, or services requested or demanded is to be spent or used on a governmental entity's behalf or to advance a governmental program or interest and if the governmental entity:
(i)provides or has provided any portion of the money, property, or services requested or demanded; or
(ii)will reimburse a contractor, grantee, or other person for any portion of the money, property, or services requested or demanded. See Montana Code 17-8-402
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Governmental entity: means :
(a)the state;
(b)a city, town, county, school district, tax or assessment district, or other political subdivision of the state; or
(c)a unit of the Montana university system. See Montana Code 17-8-402
- Material: means having a natural tendency to influence or be capable of influencing the payment or receipt of money, property, or services. See Montana Code 17-8-402
(a)6 years after the date on which the violation was committed; or
(b)3 years after the date when facts material to the right of action are known or reasonably should have been known by the official of the governmental entity charged with responsibility to act in the circumstances.
(2)In no event may an action brought pursuant to subsection (1)(b) be brought more than 10 years after the date on which the violation was committed.
(3)If the governmental entity elects to intervene in any action brought under 17-8-406, the complaint in intervention must relate back to the filing date of the original complaint to the extent that the governmental entity’s claim arises out of the conduct, transactions, or occurrences set forth or attempted to be set forth in the original complaint.