MontanaSB 9769th Legislature, Regular Session (2025)Senate

Revise venue laws for cases challenging constitutionality of recent laws

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 0 costs, 3 mixed.

Default venue rules now have exceptions

Normal venue rules still apply to most civil cases. But challenges to laws passed or changed this biennium follow the sponsor-district rule instead. If you sue the state, proper venues remain where the claim arose or Lewis and Clark County. If you live in Montana, your county is also allowed. Actions against local governments may be filed where the claim arose or where the local government is located. These choices yield when the biennium or permit-location exceptions apply.

New-law challenges go to sponsor’s district

The law sets venue for cases that attack new or recently changed laws. A "challenge" means claiming the law is unconstitutional or asking to stop it. The trial must be in a county within the bill’s primary sponsor’s legislative district. On motion, the court must move the case once such a challenge is pled. If the primary sponsor joins a declaratory judgment case under 5-2-107 and a party moves, the court must change venue. The "legislative biennium" is the two years starting the first Monday of January in odd-numbered years.

Permit disputes go where work happens

If you challenge a state agency’s permit, license, authorization, or certificate decision, you must file in the county where the activity would occur. If the activity would occur in more than one county, you can file in any of those counties.

Sponsors & Cosponsors

Sponsor

John Fuller
Republican • Senate

Cosponsors

Greg Overstreet
Republican • House

Roll Call Votes

All Roll Calls

Yes: 176 • No: 123

House vote • 4/11/2025

Do Concur

Yes: 57 • No: 42

House vote • 4/10/2025

Do Concur

Yes: 56 • No: 44

Senate vote • 1/31/2025

Do Pass

Yes: 32 • No: 18

Senate vote • 1/30/2025