EVERY DEADLINE
84 periods Montana law measures, gathered out of the guide and put in order, shortest first. Each one says what starts it, whose period it is, and what the law attaches to it. The shortest here is 24 hours. The longest is 6 years.
Every period on this page is stated by a section of the guide and carries that section's own authority. None of it is a calculation: a period that turns on facts, on service, or on a court's discretion is described the way the section describes it and no further.
84 deadlines
Traffic stops10
7 days
Proof of a child restraint to waive the first fine
- From
- The citation
- Whose
- A driver cited for a child restraint violation
A child restraint violation is a fine of not more than $100, waived the first time if proof of getting the right restraint reaches the officer's office within 7 days.
10 days
Written crash report
- From
- The crash
- Whose
- A driver in a reportable crash no officer investigated
Unless an officer investigated it, a written report goes to the department within 10 days.
6 months before
A clean record before the first license
- From
- The license application, counted back
- Whose
- A driver under 18
A parent certifies no traffic, alcohol or drug conviction in the 6 months before the application.
6 months
One young passenger for the first 6 months
- From
- The first license's issue
- Whose
- A new driver under 18
For the first 6 months, no more than one passenger under 18 who is not family; for the second 6 months, no more than three.
6 months
Suspension for a second restriction violation
- From
- The second conviction
- Whose
- A new driver in the first year
A conviction for breaking a first year restriction brings 20 to 60 hours of community service, and a second suspends the license for 6 months.
6 months
Time on a learner license before a license under 18
- From
- Issue of the learner license or traffic education permit
- Whose
- A driver under 18
A driver's license goes to someone under 18 who has held a learner license or traffic education permit for at least 6 months.
12 months before
Three reckless driving convictions in 12 months
- From
- The third offense, counted back
- Whose
- A driver
Three reckless driving offenses in 12 months bring a suspension for 1 year.
1 year
A learner license's life
- From
- Issue of the learner license
- Whose
- A learner license holder
A learner license is valid for 1 year and lets the holder drive with a licensed driver seated beside.
1 year
First year restrictions on a new license
- From
- The first license's issue
- Whose
- A new driver under 18
For 1 year, or until 18, every occupant wears a seatbelt, and no more occupants than seatbelts.
1 year
Revocation for a listed conviction
- From
- The start of the revocation
- Whose
- A driver convicted of a listed offense
Most revocation offenses, such as fleeing a peace officer or a felony committed using a vehicle, bring a revocation for 1 year.
Being stopped1
10 days
A search warrant must be served
- From
- Issue of the warrant
- Whose
- The police
The warrant may be served day or night, but within 10 days of issuance, or it is void.
Marijuana and drugs2
30 days
License confiscated for a first underage possession
- From
- The court's order
- Whose
- A person under 18
Under 18, a license is also confiscated, for 30 days the first time and 6 months the second.
6 months
License confiscated for a second underage possession
- From
- The court's order
- Whose
- A person under 18
Under 18, a license is also confiscated, for 30 days the first time and 6 months the second.
Impaired driving7
5 days
The temporary permit after a refusal
- From
- Issue of the temporary permit
- Whose
- A driver who refused a test
On a refusal, the officer takes the license and gives a temporary driving permit, effective 12 hours after issuance and valid for 5 days, with written notice of the suspension and the right to a hearing.
30 days
Petition the court on a refusal suspension
- From
- The notice of suspension
- Whose
- The driver
Within 30 days after the notice, the person may petition the district court in the county of the arrest to challenge the suspension, and the court may stay it pending the hearing.
6 months
Suspension on a first DUI conviction
- From
- The start of the suspension
- Whose
- A driver convicted of a first DUI
A first DUI conviction suspends the license for 6 months, and a second or third for 1 year.
6 months
Suspension on a first refusal
- From
- The start of the suspension
- Whose
- A driver who refused a test the first time
A first refusal suspends the license for 6 months, with no restricted probationary license.
1 year
Suspension on a second or third DUI conviction
- From
- The start of the suspension
- Whose
- A driver convicted of a second or third DUI
A first DUI conviction suspends the license for 6 months, and a second or third for 1 year.
1 year
Suspension on a second refusal within 5 years
- From
- The start of the suspension
- Whose
- A driver with a second refusal
A second refusal within 5 years suspends it for 1 year.
5 years before
Five years back for a second refusal
- From
- The refusal, counted back
- Whose
- A driver who refused a test
A second refusal within 5 years suspends it for 1 year.
Court and money40
3 days
A postmarked registration still counts as regular
- From
- The close of regular registration
- Whose
- A voter who mailed a registration
An application postmarked on or before that day is still accepted as regular registration for 3 days after.
5 working days
A single readily available record
- From
- The agency's acknowledgment
- Whose
- A state agency
A state agency acknowledges a request within 5 business days, and provides a single, readily available record within 5 working days after that.
5 business days
A state agency acknowledges a records request
- From
- The agency's contact receiving the request
- Whose
- A state agency
A state agency acknowledges a request within 5 business days, and provides a single, readily available record within 5 working days after that.
7 business days
A police report to hold final pay over a theft
- From
- The separation
- Whose
- The employer
A wage withheld over an alleged theft takes the employee's written agreement, or a police report within 7 business days of the separation.
10 days
Appeal a small claims judgment
- From
- Entry of the judgment
- Whose
- Either party
A party may appeal to district court by written notice served within 10 days after the judgment.
10 days
Appeal an unemployment determination
- From
- The determination, once sent
- Whose
- The claimant or the employer
A determination is final unless a party asks for reconsideration or appeals within 10 days after it was sent.
10 days
Refund after a door sale is canceled
- From
- The cancellation
- Whose
- The seller
Within 10 days after a cancellation, the seller returns every payment and any note.
10 days
Seek board review of a referee's decision
- From
- The referee's decision, once sent
- Whose
- The claimant or the employer
The appeals referee's decision is final unless review by the board is sought within 10 days.
10 business days
The longest an employer may hold wages
- From
- The day the wages are due
- Whose
- The employer
An employer may not hold back wages for longer than 10 business days after they are due.
14 days
The employer's notice of its appeal procedure
- From
- The discharge
- Whose
- The employer
The employer gives notice of its written appeal procedure within 14 days of the discharge.
15 days
Final pay after quitting
- From
- The day the employee leaves
- Whose
- The employer
An employee who quits is paid all unpaid wages on the next regular payday for that pay period, or within 15 days of leaving, whichever comes first.
20 days
The hearing on a temporary order of protection
- From
- Issue of the temporary order
- Whose
- The petitioner and respondent
A hearing is held within 20 days, and the temporary order stays in effect until then.
21 days
Respond to a divorce petition
- From
- Service of the petition
- Whose
- The other spouse
The other spouse is served and may respond within 21 days.
21 days
Respond to a motion to move with a child
- From
- Service of the motion
- Whose
- The other parent
The other parent has 21 days after service to file a response and an alternate schedule.
30 days before
Regular voter registration closes
- From
- The election, counted back
- Whose
- A voter registering
Regular registration closes 30 days before any election.
30 days
Residence before voting
- From
- The move into the county
- Whose
- A voter
A voter is registered, 18 years of age or older, a United States citizen, and a resident of Montana and the county for at least 30 days.
30 days before
Serve the motion to move with a child
- From
- The proposed move, counted back
- Whose
- The parent moving
The moving parent's motion is served not less than 30 days before the proposed change in residence.
30 days
Sue to void a decision made in a closed meeting
- From
- When the person learned, or should have learned, of the decision
- Whose
- Anyone challenging the decision
A decision made in violation may be declared void by a district court. The suit is brought within 30 days of when the person learned, or should have learned, of the decision.
30 days
Tell the employer about a work injury
- From
- The accident
- Whose
- The injured worker
An injury is not compensable unless, within 30 days after the accident, the employer or its insurer is told the time and place of the accident and the nature of the injury.
30 days
The insurer accepts or denies the claim
- From
- The insurer's receipt of the signed claim
- Whose
- The insurer
The insurer accepts or denies a signed claim within 30 days of receiving it.
30 days
The wait before a small estate affidavit
- From
- The death
- Whose
- The successor
Thirty days after a death, anyone holding money or property of the person who died hands it over to the successor who presents an affidavit.
90 days
A larger records request
- From
- The agency's acknowledgment
- Whose
- A state agency
A larger request comes with an estimate of time and fees, and is answered within 90 days, or 6 months with a written reason.
90 days
Residence before filing for divorce
- From
- The move to Montana
- Whose
- A spouse filing
One spouse has lived in Montana, or been stationed there in the armed services, for 90 days before filing.
120 days
The department's time on a claim against the state
- From
- The claim being presented to the department of administration
- Whose
- The person with the claim
The department of administration grants or denies a claim against the state in writing within 120 days after it is presented, and silence for 120 days is a final denial. The statute of limitations on the claim is paused for 120 days from receipt.
180 days
A marriage license's life
- From
- Issue of the license
- Whose
- The couple
The license is effective on issuance and expires after 180 days.
180 days
File a human rights complaint
- From
- The discriminatory practice, or its discovery
- Whose
- The person discriminated against
A written, verified complaint is filed with the department within 180 days after the practice occurred or was discovered.
180 days
File a wage claim
- From
- The default or delay in payment
- Whose
- The employee
A complaint for the wages and penalty is filed within 180 days of the default or delay.
180 days
Living apart to show the marriage is broken
- From
- The separation
- Whose
- The spouses
Irretrievably broken is shown by living separate and apart for more than 180 days before filing, or by serious marital discord.
12 months
File the written workers compensation claim
- From
- The accident
- Whose
- The injured worker
The claim itself is signed and presented in writing to the employer, the insurer or the department within 12 months of the accident.
12 months
The default probationary period
- From
- The day the employee begins work
- Whose
- A new employee
Where the employer sets none, the probationary period is 12 months from the day the employee begins work, and with extensions it may not run past 18 months.
52 weeks
Disqualification for gross misconduct
- From
- The discharge
- Whose
- A claimant fired for gross misconduct
For gross misconduct, the disqualification lasts 52 weeks.
1 year
Sue for wrongful discharge
- From
- The discharge
- Whose
- The discharged employee
The suit is filed within 1 year after the discharge.
2 years
Sue a health care provider
- From
- The injury, or its discovery if later
- Whose
- The patient
A claim against a doctor, nurse, hospital or other health care provider is brought within 2 years of the injury or its discovery, whichever is later, and never more than 5 years after the injury.
2 years
Sue for damage to property
- From
- The damage or taking
- Whose
- The owner
A claim for damage to or taking of property is filed within 2 years.
2 years
Sue for libel, slander, assault or battery
- From
- The act
- Whose
- The injured person
A claim for libel, slander, assault, battery or false imprisonment is filed within 2 years.
3 years
Sue for a personal injury
- From
- The injury
- Whose
- The injured person
A claim for personal injury and most other claims not in writing is filed within 3 years.
5 years
Sue on an unwritten contract
- From
- The breach
- Whose
- The party owed
A claim on a contract or promise not in writing is filed within 5 years.
5 years
The outside limit on a malpractice claim
- From
- The injury
- Whose
- The patient
A claim against a health care provider is never brought more than 5 years after the injury.
6 years
Sue on a written contract
- From
- The breach
- Whose
- The party owed
A claim on a contract in writing is filed within 6 years.
Your home18
24 hours
Notice before the landlord enters
- From
- The landlord's notice
- Whose
- The landlord
Except in an emergency or when impracticable, the landlord gives at least 24 hours' notice and enters only at reasonable times.
24 hours
Time to clean after a cleaning notice
- From
- The landlord's written cleaning notice
- Whose
- The tenant
Cleaning charges need a written notice first, and the tenant then has 24 hours to do the cleaning.
48 hours
Removing property after proof of abandonment
- From
- The landlord's clear and convincing evidence of abandonment
- Whose
- The landlord
The landlord needs clear and convincing evidence of abandonment, and 48 hours after getting it may remove the property and throw out only trash and hazardous, perishable or valueless items.
3 days
Pay the rent after a written notice
- From
- The landlord's written notice of nonpayment
- Whose
- The tenant
If rent is unpaid when due and the tenant does not pay within 3 days after the landlord's written notice of nonpayment and intention to end the lease, the landlord may end it and the tenant vacates.
3 working days
Time to fix an emergency
- From
- The landlord's receipt of written notice
- Whose
- The landlord
In an emergency, the tenant may end the lease if the landlord does not remedy it within 3 working days of written notice.
5 days
End the lease when possession is not delivered
- From
- The tenant's written notice
- Whose
- The tenant
The tenant may end the agreement on at least 5 days' written notice and get back all prepaid rent and the deposit.
1 week before
A move out inspection
- From
- The end of the tenancy, counted back
- Whose
- Either side, on request
At either side's request, the premises may be inspected within 1 week before the tenancy ends.
7 days
Notice to end a week to week tenancy
- From
- Delivery of the written notice
- Whose
- Either side
Week to week tenancies end on at least 7 days' written notice before the date given.
10 days
Answer an eviction summons
- From
- Service of the summons
- Whose
- The tenant
The summons tells the tenant to appear and answer within 10 days of service.
10 days
The notice before property is disposed of
- From
- Mailing of the notice
- Whose
- The landlord
The landlord mails the tenant a notice that the property will be disposed of at a stated time not less than 10 days after mailing.
10 business days
The possession hearing
- From
- The tenant's appearance or answer date
- Whose
- The court
The possession case is heard within 10 business days after the tenant's appearance or answer date.
14 days
Remedy most other lease breaches
- From
- The landlord's written notice
- Whose
- The tenant
For most other breaches, unless remedied in time, the notice is 14 days.
14 days
Time to fix a health and safety problem
- From
- The landlord's receipt of written notice
- Whose
- The landlord
For a failure affecting health and safety, the tenant may give written notice that the lease ends on a date at least 30 days after it is received unless the breach is remedied in 14 days.
30 days
Notice to end a month to month tenancy
- From
- Delivery of the written notice
- Whose
- Either side
Month to month tenancies end on at least 30 days' written notice before the date given, at any time in the month.
30 days
Return the deposit with a written list
- From
- The end of the tenancy, or an accepted surrender if sooner
- Whose
- The landlord
Within 30 days after the tenancy ends, or after a surrender is accepted if sooner, the landlord gives the departing tenant a written list of any rent due and damage and cleaning charges, with the balance of the deposit.
30 days
The earliest end date for an unrepaired problem
- From
- The landlord's receipt of written notice
- Whose
- The tenant
The tenant may give written notice that the lease ends on a date at least 30 days after it is received unless the breach is remedied in 14 days.
6 months before
A complaint that makes retaliation presumed
- From
- The landlord's act, counted back
- Whose
- The tenant
A complaint within 6 months before the landlord's act creates a rebuttable presumption that it was retaliation.
6 months
A repeat of the same breach
- From
- The first breach
- Whose
- The tenant
If the same breach recurs within 6 months, the tenant may end the lease on 14 days' written notice.
Carrying a firearm3
60 days
The sheriff acts on a carry permit
- From
- Filing of the application
- Whose
- A permit applicant
A county sheriff issues a permit to carry a concealed weapon within 60 days after the application is filed.
6 months
Residence before a carry permit
- From
- The applicant's move to Montana
- Whose
- A permit applicant
The applicant is 18 or older with a Montana license or state photo ID, and has lived in the state at least 6 months.
5 years
A carry permit's life
- From
- Issue of the permit
- Whose
- A permit holder
A permit to carry a concealed weapon is valid for 5 years.
Charges and penalties3
1 year
The longest deferral for a misdemeanor
- From
- Sentencing
- Whose
- A person found guilty of a misdemeanor
After a guilty verdict or plea, the judge may defer imposing the sentence for up to 1 year for a misdemeanor or 3 years for a felony.
3 years
The longest deferral for a felony
- From
- Sentencing
- Whose
- A person found guilty of a felony
After a guilty verdict or plea, the judge may defer imposing the sentence for up to 1 year for a misdemeanor or 3 years for a felony.
5 years
Five clean years for a presumed expungement
- From
- The end of the sentence, payments and treatment included
- Whose
- A person with misdemeanor convictions
Expungement is presumed when the person is not held, charged or facing new charges, and has no conviction for 5 years since finishing the sentence.
MyRightz is legal education, not legal advice. Nothing here creates an attorney client relationship. Applying the law to a particular situation is the work of a licensed Montana attorney.