Montana Code 27-2-102. When action commenced
27-2-102. When action commenced. (1) For the purposes of statutes relating to the time within which an action must be commenced:
Terms Used In Montana Code 27-2-102
- action: as used in this chapter , is to be construed, whenever it is necessary to do so, as including a special proceeding of a civil nature. See Montana Code 27-2-101
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Property: means real and personal property. See Montana Code 1-1-205
- Statute: A law passed by a legislature.
(a)a claim or cause of action accrues when all elements of the claim or cause exist or have occurred, the right to maintain an action on the claim or cause is complete, and a court or other agency is authorized to accept jurisdiction of the action;
(b)an action is commenced when the complaint is filed.
(2)Unless otherwise provided by statute, the period of limitation begins when the claim or cause of action accrues. Lack of knowledge of the claim or cause of action, or of its accrual, by the party to whom it has accrued does not postpone the beginning of the period of limitation.
(3)The period of limitation does not begin on any claim or cause of action for an injury to person or property until the facts constituting the claim have been discovered or, in the exercise of due diligence, should have been discovered by the injured party if:
(a)the facts constituting the claim are by their nature concealed or self-concealing; or
(b)before, during, or after the act causing the injury, the defendant has taken action which prevents the injured party from discovering the injury or its cause.
(4)Subsection (3) does not apply to actions involving the limitations contained in 27-2-205.