Montana § 25-2-118 Residence Of Defendant

Montana Statutes

§ 25-2-118 — Residence Of Defendant

Montana § 25-2-118

Title 25CIVIL PROCEDURE

Ch. 2VENUE

Part 1Proper Place of Trial -- Venue

This text of Montana § 25-2-118 (Residence Of Defendant) 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. § 25-2-118 (2026).

Text

25-2-118 . Residence of defendant.

(1)Except as provided in 25-2-127 and subsection (3) of this section, 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.

Free access — add to your briefcase to read the full text and ask questions with AI

25-2-118 . Residence of defendant. (1) Except as provided in 25-2-127 and subsection (3) of this section, 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.

Legislative History

En. Sec. 20, p. 46, Bannack Stat.; amd. Sec. 20, p. 138, L. 1867; en. Sec. 25, p. 31, Cod. Stat. 1871; re-en. Sec. 59, p. 52, L. 1877; re-en. Sec. 59, 1st Div. Rev. Stat. 1879; re-en. Sec. 59, 1st Div. Comp. Stat. 1887; re-en. Sec. 613, C. Civ. Proc. 1895; re-en. Sec. 6504, Rev. C. 1907; re-en. Sec. 9096, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 395; re-en. Sec. 9096, R.C.M. 1935; R.C.M. 1947, 93-2904(part); amd. Sec. 8, Ch. 432, L. 1985; sec. 25-2-108, MCA 1983; redes. 25-2-118 by Code Commissioner, 1985; amd. Sec. 1, Ch. 352, L. 1997; amd. Sec. 1, Ch. 314, L. 2003; amd. Sec. 2, Ch. 357, L. 2025.