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Montana law

Commercial Litigation Laws in Montana.

Montana commercial litigation runs through the District Court (general jurisdiction for civil matters over $15,000) and the Justice Court (small-dollar matters). Montana has not established a specialized business court docket. Montana follows the UCC and recognizes common-law tortious interference, civil conspiracy, fraud, and breach of the implied covenant of good faith and fair dealing (a robust doctrine in Montana). The Montana Consumer Protection Act provides strong consumer remedies, including treble damages for willful violations.

Last verified: 2026-04-17

State law

Statute of Limitations

8 years (written contracts); 5 years (oral); 3 years (torts)Mont. Code Ann. §§ 27-2-202, 27-2-204

Written contracts: 8 years. Oral contracts: 5 years. Fraud: 2 years from discovery (max 2 years, but generally tolled until discovery). Other torts: 3 years.

State law

Key Montana Statutes

Montana UCC Article 2 (Sales)Mont. Code Ann. § 30-2-101 et seq.

Governs sales of goods including warranties, remedies, statute of frauds ($500+), and breach. 4-year statute of limitations for UCC sales claims.

Implied Covenant of Good Faith and Fair DealingMont. Code Ann. § 28-1-211; Montana common law

Every contract imposes an obligation of good faith performance or enforcement. Montana courts recognize this obligation broadly, and breach may support tort damages in some insurance and employment contexts.

Montana Consumer Protection ActMont. Code Ann. § 30-14-101 et seq.

Prohibits unfair or deceptive acts or practices in trade or commerce. Private cause of action with actual damages; court may award up to treble damages for willful violations plus attorney fees.

Tortious InterferenceMontana common law

Tortious interference with contract or business expectancy requires intentional interference without justification.

Prejudgment InterestMont. Code Ann. § 27-1-211

Prejudgment interest on liquidated claims at 10% per annum unless otherwise agreed.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Montana.

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