Limitations Periods: Retroactivity

Fleming v. International Paper Co. [07/08/05] 2005 MTWCC 35 A statute of limitations is procedural. Therefore, the statute in effect at the time an action or a claim is filed governs its timeliness.

Fleming v. International Paper [07/08/05] 2005 MTWCC 34 Unless some other time is indicated, a statute adopting a new limitations period for bringing an action, or amending an existing statute of limitations, applies to all proceedings that are brought thereafter even though the cause of action arose prior to passage. Statutes of limitations are procedural and not subject to the rule precluding retroactive application of statutes which do not expressly provide for retroactivity. See Fisher v. First Citizens Bank, 2000 MT 314, 302 Mont. 473, 14 P.3d 1228.