25-2-114. Right of defendant to move for change of place of trial. If an action is brought in a county not designated as the proper place of trial, a defendant may move for a change of place of trial to a designated county.
Montana Code Annotated
Mont. Code Ann. § 25-2-114 (2026)
Right Of Defendant To Move For Change Of Place Of Trial
✓ current as of May 2026
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TITLE 25. CIVIL PROCEDURE
CHAPTER 2. VENUE
Part 1. Proper Place of Trial -- Venue
Right Of Defendant To Move For Change Of Place Of Trial
History: En. Sec. 4, Ch. 432, L. 1985.
Notes of Decisions
Cited in 12
cases, 1987–2018 · leading case: Gabriel v. Sch. Dist. No. 4, Libby, 870 P.2d 1351 (Mont. 1994).
Gabriel v. Sch. Dist. No. 4, Libby, 870 P.2d 1351 (Mont. 1994). “Thus, § 25-2-126(3), MCA, is applicable here. The more difficult issue remains, however: is Flathead County a proper venue for Gabriel's wrongful death claim under § 25-2-126, MCA? If so, the District Court erred.”
Minervino v. Univ. of Montana, 853 P.2d 1242 (Mont. 1993). “” Section 25-2-114, MCA. Pursuant to § 25-2-126(1), MCA, proper venues for Minervino’s action are Missoula County, where the claim arose, or Lewis and Clark County.”
State Ex Rel. Dep't of Health & Env't Sciences v. Pegasus Gold Corp., 889 P.2d 1197 (Mont. 1995). “Section 25-2-114, MCA. The district court must grant such a motion to change venue if the county designated in the complaint is not a proper county.”
Petersen v. Tucker, 742 P.2d 483 (Mont. 1987). “The right of the defendant to move for change of place of trial is found in Section 25-2-114, MCA, which provides: “Right of defendant to move for change of place of trial.”
DML, INC. v. Fulbright, 2005 MT 204 (Mont. 2005). “They argue further that judicial economy is not served by changing the venue to Missoula.”
Nelson v. Cenex, Inc., 2004 MT 170 (Mont. 2004). “Section 25-2-114, MCA. A district court must grant such a motion if the county in which the action is filed is not a proper place for trial.”
Sprinkle v. Burton, 935 P.2d 1094 (Mont. 1996). “Sections 25-2-114 and 115, MCA. As the starting point for our analysis of venue questions we look to § 25-2-118, MCA, which provides, in pertinent part: Unless otherwise specified in this part: (1) except as provided in subsection (3) [not at issue here], the proper place of…”
Farmers Union Ass'n v. Paquin, 2009 MT 305 (Mont. 2009). “Section 25-2-114, MCA. In an action involving two or more claims, a party entitled to a change of venue on any claim is entitled to a change of venue, on the entire action.”
Guang Xiang Liang v. Lai, 2004 MT 188 (Mont. 2004). “Section 25-2-114, MCA. A district court must grant such a motion if the county in which the action is filed is not a proper place for trial.”
Ward v. Johnson, 2012 MT 96 (Mont. 2012). “” ¶10 Section 25-2-118, MCA, the general rule for venue in civil actions, provides in pertinent part: (1) Except as provided in subsection (3) [concerning family law matters], the proper place of trial for all civil actions is the county in which the defendants or any of them…”
Rosendale v. Victory Ins. Co., 432 P.3d 114 (Mont. 2018). “Section 25-2-114, MCA. If an action involves two or more claims where Title 25, chapter 2, part 1, designates more than one venue as a proper place of trial, a party entitled to a change of venue on any claim is entitled to a change of venue on the entire action.”
Chapman v. State, 2002 MT 310N (Mont. 2002). “Section 25-2-114, MCA. M.R.Civ.P, Rule 12(b)(ii), provides that: “If the county designated in the complaint is not the proper county for trial of the action, the defendant must at the time of the defendant’s first appearance request by motion that the trial be had in the proper…”
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