Montana Code 25-2-122. Torts
25-2-122. Torts. (1) Except as provided in subsections (2) through (4), the proper place of trial for a tort action is:
Terms Used In Montana Code 25-2-122
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dependent: A person dependent for support upon another.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(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 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 in which the contract was to be performed.
(2)Except as provided in subsection (4), 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.
(3)Except as provided in subsection (4), 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.
(4)If the defendant is a railroad, as defined in 69-14-102, and the plaintiff is a Montana resident, the proper place of trial of a claim subject to the federal Employers’ Liability Act, 45 U.S.C. § 51, et seq., is any county in which the railroad does business.