Montana Code 72-1-111. Remedies for fraud — statute of limitations
72-1-111. Remedies for fraud — statute of limitations. (1) Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this code or if fraud is used to avoid or circumvent the provisions or purposes of this code, a person injured by the fraud may obtain appropriate relief, including restitution against the perpetrator of the fraud or any person benefiting from the fraud, whether innocent or not, other than a bona fide purchaser for value and without notice.
Terms Used In Montana Code 72-1-111
- Decedent: A deceased person.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Fraud: Intentional deception resulting in injury to another.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
(2)Any proceeding must be commenced within 2 years after the discovery of the fraud, but a proceeding may not be brought against one not a perpetrator of the fraud later than 5 years after the time of commission of the fraud.
(3)This section has no bearing on remedies relating to fraud practiced on a decedent during the decedent’s lifetime that affects the succession of the decedent’s estate.