10-1-1020. Jurisdiction — venue — standing — respondent — time limit — expedited hearing. In any lawsuit initiated pursuant to this part:

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Terms Used In Montana Code 10-1-1020

  • Employer: means any public or private person or entity providing employment in Montana. See Montana Code 10-1-1003
  • Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • 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
  • Venue: The geographical location in which a case is tried.

(1)the lawsuit must be brought in the district court in the county in which the claimant’s employer maintains a place of business;

(2)the lawsuit may be initiated only by a person claiming a right or benefit under this part or by the state attorney general as provided in 10-1-1018;

(3)only an employer may be a necessary party respondent;

(4)the lawsuit must be commenced within 3 years of when the claimant can reasonably be expected to have discovered the facts constituting a violation of the claimant’s rights or benefits pursuant to this part; and

(5)the court shall order a speedy hearing and shall advance the case on the court’s calendar.