Montana Code Annotated

Mont. Code Ann. § 2-9-312 (2026)

Renumbered 25-2-126 (1) And (3)

✓ current as of May 2026
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TITLE 2. GOVERNMENT STRUCTURE AND ADMINISTRATION

CHAPTER 9. LIABILITY EXPOSURE AND INSURANCE COVERAGE

Part 3. Claims and Actions

Renumbered 25-2-126 (1) And (3)

2-9-312. Renumbered 25-2-126(1) and (3). Sec. 18(2), Ch. 432, L. 1985.

Notes of Decisions
Cited in 6 cases, 1983–1996 · leading case: Wentz v. Montana Power Co., 928 P.2d 237 (Mont. 1996).
Wentz v. Montana Power Co., 928 P.2d 237 (Mont. 1996). · cites it 30× “Section 2-9-312, MCA, became § 25-2-126, MCA, and subparagraphs (1) and (2), of the former § 2-9-312, MCA, became subparagraphs (1) and (3) of § 25-2-126, MCA, respectively.”
Ford v. Montana Dep't of Fish, Wildlife & Parks, 676 P.2d 207 (Mont. 1984). · cites it 9× “But also applicable is Section 2-9-312, MCA (Enacted in 1973.): “(1) Actions against the state shall be brought in the county in which the cause of action arose or in Lewis and Clark County.”
Spencer v. Flathead Cnty., 687 P.2d 1390 (Mont. 1984). · cites it 12× “Venue in actions brought by nongovernmental entities against counties is determined by Section 2-9-312(2), MCA, which establishes venue in either the county where the cause of action arose, or where the county being sued is located.”
Weiss by & Through Weiss v. State, 712 P.2d 1315 (Mont. 1986). · cites it 3× “We believe that Section 25-2-117, MCA, is intended to apply to all venue provisions, including the provisions relating to suits against counties and public officials.”
Minervino v. Univ. of Montana, 853 P.2d 1242 (Mont. 1993). · cites it 2× “It also is clear, however, that the venue provisions in subsections (1) and (3) of § 25-2-126, MCA, previously were codified at Title 2, Chapter 9 of the Code.”
Hutchinson v. Moran, 673 P.2d 818 (Mont. 1983). · cites it 15× “, which makes state and political subdivisions subject to suit for injury to person or property except as may be specifically provided by two-thirds vote of each house of the legislature, and the further provisions for venue of county defendants contained in section 2-9-312,…”
— Mont. Code Ann. § 2-9-312(2) — 4 cases
Wentz v. Montana Power Co., 928 P.2d 237 (Mont. 1996). “Section 2-9-312, MCA, became § 25-2-126, MCA, and subparagraphs (1) and (2), of the former § 2-9-312, MCA, became subparagraphs (1) and (3) of § 25-2-126, MCA, respectively.”
Spencer v. Flathead Cnty., 687 P.2d 1390 (Mont. 1984). “Venue in actions brought by nongovernmental entities against counties is determined by Section 2-9-312(2), MCA, which establishes venue in either the county where the cause of action arose, or where the county being sued is located.”
Weiss by & Through Weiss v. State, 712 P.2d 1315 (Mont. 1986). “We believe that Section 25-2-117, MCA, is intended to apply to all venue provisions, including the provisions relating to suits against counties and public officials.”
Hutchinson v. Moran, 673 P.2d 818 (Mont. 1983). “, which makes state and political subdivisions subject to suit for injury to person or property except as may be specifically provided by two-thirds vote of each house of the legislature, and the further provisions for venue of county defendants contained in section 2-9-312,…”
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