25-2-116. Multiple claims. In an action involving two or more claims for which this part designates more than one as a proper place of trial, a party entitled to a change of place of trial on any claim is entitled to a change of place of trial on the entire action, subject to the power of the court to separate claims or issues for trial under Rule 42(b) of the Montana Rules of Civil Procedure.
Montana Code Annotated
Mont. Code Ann. § 25-2-116 (2026)
Multiple Claims
✓ current as of May 2026
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TITLE 25. CIVIL PROCEDURE
CHAPTER 2. VENUE
Part 1. Proper Place of Trial -- Venue
Multiple Claims
History: En. Sec. 6, Ch. 432, L. 1985.
Notes of Decisions
Cited in 11
cases, 1993–2018 · leading case: Allen v. Atl. Richfield Co., 2005 MT 281 (Mont. 2005).
Allen v. Atl. Richfield Co., 2005 MT 281 (Mont. 2005). “¶ 10 The Dissent argues that we also should incorporate § 25-2-116, MCA, into our analysis in this case.”
Buhmann v. State, 2008 MT 465 (Mont. 2008). “¶ 12 On July 22, 2002, the State filed a motion to change the venue of the case from Blaine County to the First Judicial District, Lewis and Clark County, pursuant to § 25-2-116, MCA. On August 16, 2002, the Wallaces and Buhmanns filed a motion to sever the parties, pursuant to…”
Wentz v. Montana Power Co., 928 P.2d 237 (Mont. 1996). “Consequently, according to the Clinic and Lands, § 25-2-116, MCA, requires that the court ascertain whether plaintiff selected a proper venue as to both her claims, and if the county selected is proper as to one, but not both, any defendant is entitled to a change of venue which…”
DML, INC. v. Fulbright, 2005 MT 204 (Mont. 2005). “They argue, pursuant to § 25-2-116, MCA, that they are entitled to a change of venue to Missoula, because for three out of the four original Plaintiffs, Missoula is the proper venue.”
Guang Xiang Liang v. Lai, 2004 MT 188 (Mont. 2004). “Although he cites to § 25-2-115, MCA, we believe he is referring to § 25-2-116, MCA, when he makes this argument.”
Farmers Union Ass'n v. Paquin, 2009 MT 305 (Mont. 2009). “¶4 Nedens moved for a change of venue to Big Horn County, on grounds that he performed his employment contract in that county. The Yellowstone County District Court first denied, then later held a hearing on and granted, that motion.”
Est. of Kinnaman v. Mountain West Bank, N.A., 2016 MT 25 (Mont. 2016). “Section 25-2-116, MCA (“In an action involving two or more claims for which this part designates more than one as a proper place of trial, a party entitled to a change of place of trial on any claim is entitled to a change of place of trial on the entire action.”
Depee v. First Citizen S Bank of Bu, 852 P.2d 592 (Mont. 1993). “Section 25-2-116, MCA, provides that: In an action involving two or more claims for which this part designates more than one as a proper place of trial, a party entitled to a change of place of trial on any claim is entitled to a change of place of trial on the entire action,…”
Rosendale v. Victory Ins. Co., 432 P.3d 114 (Mont. 2018). “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.”
Standley v. Travelers Indem. Co., 855 P.2d 1020 (Mont. 1993). “Finally, the court relied on § 25-2-116, MCA, the provision governing multiple claims.”
Davenport v. Morrison, 2016 MT 333N (Mont. 2016). “In addition to relying on §§ 25-2-121 and -122, MCA, Morrison & Frampton relies upon § 25-2-116, MCA, which provides: In an action involving two or more claims for which this part designates more than one as a proper place of trial, a party entitled to a change of place of trial…”
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