MT · rules
Mont. Med. Legal Panel R. 20
Tolling of Statute of Limitations - Separatelydesignated Necessary or Proper Parties
(a) The running of the applicable limitation period related to a malpractice claim is tolled
upon receipt by the Director of the Application for review, as to all health care providers
named in the Application as parties to the Panel proceeding and as to all other persons or
entities named in the Application as necessary or proper parties, for any court action that
might subsequently arise out of the same factual circumstances set forth in the Application.
(b) The running of the applicable limitation period in a malpractice claim does not begin
again until thirty (30) days after either an order of dismissal, with or without prejudice
against re-filing, is issued from the Chairperson or from the Director upon the consent of the
parties to the claim, or after the Panel’s final decision, whichever occurs first, is entered in
the permanent files of the Panel and a copy is served upon the Claimant or Claimant’s
attorney, if he or she is represented by counsel, by certified mail.
Provenance
- Source
- courts.mt.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
e1e1cb57eedd63297960098bdef9763d16da685ffeced1de89c269d816fdea5e
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