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Legal Statutes: Montana

UPDATED July 16, 2017

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Part 1. Proper Place of Trial - Venue

back to top25-2-118. Residence of defendant

(1) Except as provided in subsection (3), the proper place of trial for all civil actions is the county in which the defendants or any of them reside at the commencement of the action.

(2) If none of the defendants reside in the state, the proper place of trial for a contract action is as provided in 25-2-121(1)(b) or (2) and the proper place of trial for a tort action is as provided in 25-2-122(2) or (3).

(3) The proper place of trial for an action brought pursuant to Title 40, chapter 4, is the county in which the petitioner or the respondent has resided during the 90 days preceding the filing of the action.

Enacted Bannack Statutes, p. 46, § 20. Amended by Laws 1867, p. 138, § 20; en. Codified Statutes 1871, p. 31, § 25; reenacted by Laws 1877, p. 52, § 59; reenacted 1st Div. Revised Statutes 1879, § 59; reenacted 1st Div. Compiled Statutes 1887, § 59; reenacted Code of Civil Procedure 1895, § 613; reenacted Revised Code 1907, § 6504; reenacted Revised Code of Montana 1921, § 9096; California Code of Civil Procedure § 395; reenacted Revised Code of Montana 1935, § 9096; Revised Code of Montana 1947, 93-2904(part); amended by Laws 1985, ch. 432, § 8; MCA 1983, § 25-2-108; redesignated 25-2-118 by Code Commissioner, 1985; amended by Laws 1997, ch. 352, § 1; amended by Laws 2003, ch. 314, § 1.