# Montana — Third-party litigation funding disclosure requirements by US state — whether the law requires a party to disclose a litigation funding agreement, to whom, and on what trigger, quoted from the statute itself

For Montana, disclosure obligation is Except as otherwise stipulated or ordered by a court of competent jurisdiction, a consumer or the consumer's legal representative or a party or a party's legal representative shall, without awaiting a discovery request, disclose and deliver to the following persons the litigation financing contract: (a) each party to the civil action, administrative proceeding, claim, or cause of action, or to each party's legal representative; (b) the court, agency, or tribunal in which the civil action, administrative proceeding, claim, or cause of action may be pending; and (c) any known person, including an insurer, with a preexisting contractual obligation to indemnify or defend a party to the civil action, administrative proceeding, claim, or cause of action; disclosed to is each party, the court, agency, or tribunal where the matter is pending, and any known person including an insurer with a preexisting obligation to indemnify or defend a party; when is without awaiting a discovery request; statute is MCA 31-4-108, recorded from its source on 2026-09-02.

- **State:** Montana _(our reading, not quoted from the source)_
- **Disclosure obligation:** Except as otherwise stipulated or ordered by a court of competent jurisdiction, a consumer or the consumer's legal representative or a party or a party's legal representative shall, without awaiting a discovery request, disclose and deliver to the following persons the litigation financing contract: (a) each party to the civil action, administrative proceeding, claim, or cause of action, or to each party's legal representative; (b) the court, agency, or tribunal in which the civil action, administrative proceeding, claim, or cause of action may be pending; and (c) any known person, including an insurer, with a preexisting contractual obligation to indemnify or defend a party to the civil action, administrative proceeding, claim, or cause of action. _(verified: appears in the quote below)_
- **Disclosed to:** each party, the court, agency, or tribunal where the matter is pending, and any known person including an insurer with a preexisting obligation to indemnify or defend a party _(our reading, not quoted from the source)_
- **When:** without awaiting a discovery request _(verified: appears in the quote below)_
- **Statute:** MCA 31-4-108 _(our reading, not quoted from the source)_

## What the source says

> 31-4-108. Disclosure and discovery of litigation financing contracts. (1) Except as otherwise stipulated or ordered by a court of competent jurisdiction, a consumer or the consumer's legal representative or a party or a party's legal representative shall, without awaiting a discovery request, disclose and deliver to the following persons the litigation financing contract: (a) each party to the civil action, administrative proceeding, claim, or cause of action, or to each party's legal representative; (b) the court, agency, or tribunal in which the civil action, administrative proceeding, claim, or cause of action may be pending; and (c) any known person, including an insurer, with a preexisting contractual obligation to indemnify or defend a party to the civil action, administrative proceeding, claim, or cause of action. (2) The disclosure obligation under subsection (1) exists regardless of whether a civil action or an administrative proceeding has commenced. (3) The disclosure obligation under subsection (1) is a continuing obligation, and within 30 days of entering into a litigation financing contract or amending an existing litigation financing contract, the consumer or the consumer's legal representative or a party or a party's legal representative shall disclose and deliver any new or amended litigation financing contracts.

## Source

- https://mca.legmt.gov/bills/mca/title_0310/chapter_0040/part_0010/section_0080/0310-0040-0010-0080.html

Last verified: 2026-09-02. Review by: 2027-03-01.
Part of [Third-party litigation funding disclosure requirements by US state — whether the law requires a party to disclose a litigation funding agreement, to whom, and on what trigger, quoted from the statute itself](https://referencesource.org/litigation-funding-disclosure-requirements-by-state/).