17-8-404. Limitation of actions. (1) A complaint or civil action filed under 17-8-405 or 17-8-406 must be brought by the later of:
(a) 6 years after the date on which the violation was committed; or
(b) 3 years after the date when facts material to the right of action are known or reasonably should have been known by the official of the governmental entity charged with responsibility to act in the circumstances.
(2) In no event may an action brought pursuant to subsection (1)(b) be brought more than 10 years after the date on which the violation was committed.
(3) If the governmental entity elects to intervene in any action brought under 17-8-406, the complaint in intervention must relate back to the filing date of the original complaint to the extent that the governmental entity's claim arises out of the conduct, transactions, or occurrences set forth or attempted to be set forth in the original complaint.
History: En. Sec. 4, Ch. 465, L. 2005; amd. Sec. 3, Ch. 64, L. 2009; amd. Sec. 3, Ch. 388, L. 2013.
Structure Montana Code Annotated
Chapter 8. Disbursement and Expenditure
17-8-403. False claims -- procedures -- penalties
17-8-404. Limitation of actions
17-8-405. Investigation and civil action by government attorney
17-8-406. Complaint by person -- civil action
17-8-407. Dismissal of civil action
17-8-409. Burden of proof -- effect of criminal conviction
17-8-410. Distribution of damages and civil penalty
17-8-411. Costs and attorney fees
17-8-412. Retaliatory actions prohibited -- remedies
17-8-413. Settlement by government attorney