Mont. Code Ann. » TITLE 25. CIVIL PROCEDURE · CHAPTER 2. VENUE · Part 1. Proper Place of Trial -- Venue
Montana Code Annotated

Mont. Code Ann. § 25-2-118 (2026)

Residence Of Defendant

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 25
  3. CHAPTER 2
  4. Part 1
  5. 25-2-118 Residence of defendant

TITLE 25. CIVIL PROCEDURE

CHAPTER 2. VENUE

Part 1. Proper Place of Trial -- Venue

Residence Of Defendant

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.

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.

Notes of Decisions
Cited in 37 cases (1 in the last 5 years), 1986–2025 · leading case: Circle S Seeds of Montana, Inc. v. Montana Merchandising, Inc., 2006 MT 311 (Mont. 2006).
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Circle S Seeds of Montana, Inc. v. Montana Merchandising, Inc., 2006 MT 311 (Mont. 2006). · cites it 18× “Section 25-2-118, MCA. Montana law provides exceptions to the general rule under certain circumstances.”
Davis v. Union Pac. R.R. Co., 937 P.2d 27 (Mont. 1997). · cites it 15× “Before the enactment of the 1995 amendment, § 25-2-118, MCA, the general venue statute, controlled the place of venue for a tort action against an out-of-state defendant, including a corporate defendant.”
Haug v. Burlington N. R.R., 770 P.2d 517 (Mont. 1989). · cites it 19× “BN argues that the language preceding § 25-2-118, MCA, limits its applicability so that the plaintiffs in these cases are not entitled to choose the “any county” option of § 25-2-118(2), MCA.”
Allen v. Atl. Richfield Co., 2005 MT 281 (Mont. 2005). · cites it 14× “If a party brings an action in a county that is not designated as a proper venue, however, a defendant may move for a change of venue to any proper county.”
Nelson v. Cenex, Inc., 2004 MT 170 (Mont. 2004). · cites it 15× “¶9 The general rule for venue in civil actions is set forth in § 25-2-118, MCA, which provides that *57 (1) Except as provided in subsection (3), the proper place of trial for all civil actions is the comity in which the defendants or any of them reside at the commencement of…”
Sprinkle v. Burton, 935 P.2d 1094 (Mont. 1996). · cites it 12× “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 trial for all civil actions is the…”
Platt v. Sears, Roebuck & Co., 721 P.2d 336 (Mont. 1986). · cites it 11× “Section 25-2-118, MCA, annot., Evidence Commission Recommendations for Revisions.”
Whalen v. Montana Right to Life Ass'n, 2002 MT 328 (Mont. 2002). · cites it 9× “Section 25-2-118(1), MCA, provides, in pertinent part, that: “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.”
Ford v. Burlington N. R.R., 819 P.2d 169 (Mont. 1991). · cites it 10× “Defendant raises the following issue on appeal: Does § 25-2-118, MCA, as applied by this Court, violate the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution by treating nonresidents, such as defendant, differently than residents for purposes…”
Deichl v. Savage, 2009 MT 293 (Mont. 2009). · cites it 6× “Section 25-2-118(1), MCA. Section 25-2-121, MCA governs venue for contract actions and provides that the proper venue for a contract claim is either "(a) the county in which the defendants, or any of them, reside at the commencement of the action; or (b) the county in which the…”
Spoonheim v. Norwest Bank Montana, N.A., 922 P.2d 528 (Mont. 1996). · cites it 12× “2d 517 , this Court analyzed the competing venue provisions of § 25-2-122, MCA, and § 25-2-118, MCA. While this Court noted that the introductory language in § 25-2-118, MCA, contained the phrase “[u]nless otherwise specified in this part,” the Court specifically held that those…”
Rule v. Burlington N. & Santa Fe Ry. Co., 2005 MT 6 (Mont. 2005). · cites it 5× “See § 25-2-118(2), MCA (1993). In 1995, the Montana Legislature adopted § 25-2-122(2), MCA (1995), which restricted venue for a plaintiff bringing a tort action against a nonresident corporate defendant to the county in which the tort was committed, the county in which the…”
Show all 37 citing cases →
— Mont. Code Ann. § 25-2-118(1) — 13 cases
Circle S Seeds of Montana, Inc. v. Montana Merchandising, Inc., 2006 MT 311 (Mont. 2006). “Section 25-2-118, MCA. Montana law provides exceptions to the general rule under certain circumstances.”
Whalen v. Montana Right to Life Ass'n, 2002 MT 328 (Mont. 2002). “Section 25-2-118(1), MCA, provides, in pertinent part, that: “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.”
Sprinkle v. Burton, 935 P.2d 1094 (Mont. 1996). “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 trial for all civil actions is the…”
Deichl v. Savage, 2009 MT 293 (Mont. 2009). “Section 25-2-118(1), MCA. Section 25-2-121, MCA governs venue for contract actions and provides that the proper venue for a contract claim is either "(a) the county in which the defendants, or any of them, reside at the commencement of the action; or (b) the county in which the…”
Meyer v. Montana Power Co., 2005 MT 66 (Mont. 2005).
— Mont. Code Ann. § 25-2-118(2) — 8 cases
Haug v. Burlington N. R.R., 770 P.2d 517 (Mont. 1989). “BN argues that the language preceding § 25-2-118, MCA, limits its applicability so that the plaintiffs in these cases are not entitled to choose the “any county” option of § 25-2-118(2), MCA.”
Nelson v. Cenex, Inc., 2004 MT 170 (Mont. 2004). “¶9 The general rule for venue in civil actions is set forth in § 25-2-118, MCA, which provides that *57 (1) Except as provided in subsection (3), the proper place of trial for all civil actions is the comity in which the defendants or any of them reside at the commencement of…”
Davis v. Union Pac. R.R. Co., 937 P.2d 27 (Mont. 1997). “Before the enactment of the 1995 amendment, § 25-2-118, MCA, the general venue statute, controlled the place of venue for a tort action against an out-of-state defendant, including a corporate defendant.”
Platt v. Sears, Roebuck & Co., 721 P.2d 336 (Mont. 1986). “Section 25-2-118, MCA, annot., Evidence Commission Recommendations for Revisions.”
Rule v. Burlington N. & Santa Fe Ry. Co., 2005 MT 6 (Mont. 2005). “See § 25-2-118(2), MCA (1993). In 1995, the Montana Legislature adopted § 25-2-122(2), MCA (1995), which restricted venue for a plaintiff bringing a tort action against a nonresident corporate defendant to the county in which the tort was committed, the county in which the…”
— Mont. Code Ann. § 25-2-118(3) — 5 cases
In Re the Marriage of Bernethy, 860 P.2d 157 (Mont. 1993).
Custody & Parenting of B.C.B.W., 2008 MT 147 (Mont. 2008).
In Re the Marriage of Jones, 736 P.2d 94 (Mont. 1987).
Marriage of Basque, 2025 MT 247N (Mont. 2025).
Shultz v. Shultz (Mont. 1996).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.