80-5-501. Requirement and effect of alternative dispute resolution -- exemption. - Montana Statutes

     80-5-501. Requirement and effect of alternative dispute resolution -- exemption. (1) As a prerequisite to a buyer's rights to maintain legal action against a dealer or any other seller of agricultural seed for a claim as provided in subsection (2), the buyer shall submit the claim to alternative dispute resolution as provided in 80-5-506 and this section.
     (2) A buyer may claim to have been damaged by the failure of agricultural seed to produce or perform:
     (a) as represented by the label that is required to be attached pursuant to 80-5-123;
     (b) as represented by the bulk certificate if the agricultural seed was purchased in bulk;
     (c) by warranty; or
     (d) as a result of negligence.
     (3) Any applicable period of limitations with respect to the claim must be tolled until 10 days after the filing of the report of alternative dispute resolution with the director of the department as provided in 80-5-506.
     (4) (a) A claim may not be asserted as a counterclaim or defense in any action brought by a seller against a buyer until the buyer has submitted a claim to alternative dispute resolution as provided in 80-5-506 and this section.
     (b) When the buyer files a written notice of intention to assert a claim as a counterclaim or defense in the action and the notice is accompanied by a copy of the buyer's complaint in alternative dispute resolution filed under 80-5-506, the action must be stayed and any applicable statute of limitations must be suspended with respect to the claim asserted as a counterclaim or defense until 10 days after the filing of the report of alternative dispute resolution with the director of the department as provided in 80-5-506.
     (5) To be eligible for resolution under the alternative dispute resolution process, a complaint must allege damages in excess of the amount established in 25-35-502 for jurisdiction in small claims court.
     (6) This part does not apply to seed potatoes.

     History: En. Sec. 1, Ch. 567, L. 2001.