27-2-408. Assertion of counterclaim. (1) A defendant is entitled to assert against a plaintiff, by pleading or amendment, any counterclaim arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the defendant.
(2) The time period between the commencement and termination of an action is not part of the time limit for the commencement of an action by a defendant to recover for a counterclaim or to interpose it in that action or another action by the same plaintiff or a successor arising out of the same transaction or occurrence.
History: En. Sec. 553, C. Civ. Proc. 1895; re-en. Sec. 6470, Rev. C. 1907; re-en. Sec. 9060, R.C.M. 1921; re-en. Sec. 9060, R.C.M. 1935; R.C.M. 1947, 93-2714; amd. Sec. 24, Ch. 12, L. 1979; amd. Sec. 5, Ch. 441, L. 1987; amd. Sec. 603, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 27. Civil Liability, Remedies, and Limitations
Chapter 2. Statutes of Limitations
Part 4. Circumstances Which Extend Period of Limitations
27-2-401. When person entitled to bring action is under a disability
27-2-402. When defendant is out of state
27-2-403. Actions involving aliens in time of war
27-2-404. When party dies before action commenced
27-2-405. When controversy submitted to arbitration
27-2-406. When action stayed by injunction or other order or statutory prohibition
27-2-407. When action terminated or judgment reversed