Montana § 25-2-126 Against State And Political Subdivisions

Montana Statutes

§ 25-2-126 — Against State And Political Subdivisions

Montana § 25-2-126

Title 25CIVIL PROCEDURE

Ch. 2VENUE

Part 1Proper Place of Trial -- Venue

This text of Montana § 25-2-126 (Against State And Political Subdivisions) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 25-2-126 (2026).

Text

25-2-126 . Against state and political subdivisions.

(1)Except as provided in 25-2-127 and subsection (2) of this section, the proper place of trial for an action against the state is in the county in which the claim arose or in Lewis and Clark County. In an action against the state brought by a resident of the state, the county of the plaintiff's residence is also a proper place of trial.

(2)For an action that challenges the issuance, approval, renewal, or denial of a permit, license, authorization, or certificate by a state agency, the action must be brought in the county in which the permitted, licensed, authorized, or certificated activity would occur. If an activity would occur in more than one county, any county in which the activity would occur is a proper place for an action.

(3)

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25-2-126 . Against state and political subdivisions. (1) Except as provided in 25-2-127 and subsection (2) of this section, the proper place of trial for an action against the state is in the county in which the claim arose or in Lewis and Clark County. In an action against the state brought by a resident of the state, the county of the plaintiff's residence is also a proper place of trial.
(2) For an action that challenges the issuance, approval, renewal, or denial of a permit, license, authorization, or certificate by a state agency, the action must be brought in the county in which the permitted, licensed, authorized, or certificated activity would occur. If an activity would occur in more than one county, any county in which the activity would occur is a proper place for an action.
(3) The proper place of trial for an action against a political subdivision is in the county in which the claim arose or in any county where the political subdivision is located.

Legislative History

(1), (3)En. Sec. 21, Ch. 380, L. 1973; R.C.M. 1947, 82-4321; amd. Sec. 15, Ch. 432, L. 1985; sec. 2-9-312 , MCA 1983; redes. 25-2-126 (1), (3) by Sec. 18(2), Ch. 432, L. 1985; (2)En. Sec. 58, p. 52, L. 1877; re-en. Sec. 58, 1st Div. Rev. Stat. 1879; re-en. Sec. 58, 1st Div. Comp. Stat. 1887; amd. Sec. 612, C. Civ. Proc. 1895; re-en. Sec. 6503, Rev. C. 1907; re-en. Sec. 9095, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 394; re-en. Sec. 9095, R.C.M. 1935; R.C.M. 1947, 93-2903; amd. Sec. 14, Ch. 432, L. 1985; sec. 25-2-106 , MCA 1983; redes. 25-2-126 (2) by Code Commissioner, 1985; amd. Sec. 1, Ch. 128, L. 1999; amd. Sec. 9, Ch. 535, L. 2021; amd. Sec. 4, Ch. 357, L. 2025.