A Claim Against the Government
MCA 2-9-301 — a claim against the state goes to the department of administration first, which has 120 days
All claims against the state of Montana under its tort claims parts are presented in writing to the department of administration. A complaint on such a claim may not be filed in district court until the department has finally denied it.
Who handles this in Montana: legal aid programs, lawyer referral and the state offices, listed in the Montana directory.
The department grants or denies the claim in writing within 120 days after it is presented, and no final disposition within 120 days counts as a final denial. Once the department receives the claim, the statute of limitations on it is paused for 120 days.
Claims against a city or a county, and whether a claim falls under the parts at all, are questions for a licensed Montana attorney.
Sources for this section (1)
- MCA 2-9-301 — Presentment of claims against the state
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Montana attorney.