Senate Bill No. 314

Introduced By crippen, anderson, ellis, harp, beck, benedict, jabs, holden, baer, tash, crismore, thomas, curtiss, grady, grinde, ohs, feland, mohl, kasten, smith, grosfield, keenan, brainard, swysgood, soft, bergman, estrada, clark, mcnutt, ahner, boharski, barnett



A Bill for an Act entitled: "An Act revising general venue statutes; and amending sections 25-2-118 and 25-2-122, MCA."



Be it enacted by the Legislature of the State of Montana:



Section 1.  Section 25-2-118, MCA, is amended to read:

"25-2-118.   Residence of defendant. Unless otherwise specified in this part:

(1)  except 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 may reside at the commencement of the action;.

(2)  if If none of the defendants reside in the state, the proper place of trial is any county the plaintiff designates in the complaint 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 The proper place of trial of for an action brought pursuant to Title 40, chapter 4, is the county in which the petitioner has resided during the 90 days preceding the commencement of the action."



Section 2.  Section 25-2-122, MCA, is amended to read:

"25-2-122.   Torts. (1) Except as provided in subsection subsections (2) and (3), the proper place of trial for a tort action is:

(a)  the county in which the defendants, or any of them, reside at the commencement of the action; or

(b)  the county where in which the tort was committed. If the tort is interrelated with and dependent upon a claim for breach of contract, the tort was committed, for the purpose of determining the proper place of trial, in the county where in which the contract was to be performed.

(2)  If the defendant is a corporation incorporated in a state other than Montana, the proper place of trial for a tort action is:

(a)  the county in which the tort was committed;

(b)  the county in which the plaintiff resides; or

(c)  the county in which the corporation's resident agent is located, as required by law, or in the first judicial district.

(3) If the defendant is a resident of a state other than Montana, the proper place of trial for a tort action is:

(a) the county in which the tort was committed; OR

(b) the county in which the plaintiff resides; or.

(c) the first judicial district."

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