Montana Code 40-6-109. Jurisdiction — venue
40-6-109. Jurisdiction — venue. (1) The district court has jurisdiction of an action brought under this part. The action may be joined with an action for dissolution, annulment, separate maintenance, support, or adoption.
Terms Used In Montana Code 40-6-109
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probate: Proving a will
- 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
- 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.
(2)For purposes of an action brought under this part, personal jurisdiction is established in the courts of this state over an individual or the individual’s guardian or conservator, if:
(a)the individual is personally served within this state in accordance with Rule 4(b), Montana Rules of Civil Procedure;
(b)the individual submits to the jurisdiction of this state by consent, by entering a general appearance, or by filing a responsive document that has the effect of waiving any contest to personal jurisdiction;
(c)the individual resided with the child in this state;
(d)the individual resided in this state and provided prenatal expenses or support for the child;
(e)the child resides in this state as a result of the acts or directives of the individual;
(f)the individual engaged in sexual intercourse in this state and the child may have been conceived by that act of intercourse; or
(g)there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction.
(3)The action may be brought in the county in which the child or the alleged father resides or is found or, if the father is deceased, in which proceedings for probate of the father’s estate have been or could be commenced.