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

4 provisions identified: 3 benefits, 0 costs, 1 mixed.

Family cases follow recent residence

For actions under Title 40, chapter 4, the proper county is where the petitioner or the respondent lived during the 90 days before filing. This gives a clear, nearby place to file family law cases.

Permit disputes heard where work happens

The law sets venue for challenges to a state agency’s permits, licenses, approvals, or denials. You must file in the county where the activity would happen. If the activity would be in more than one county, you can file in any of those counties.

Where suits against state or local go

The law keeps the usual rule that a civil case is tried in the county where any defendant lives. Suits against public officers must be in the county where the events happened. Suits against the State of Montana can be in the county where the claim arose or in Lewis and Clark County; a resident plaintiff may also file in the plaintiff’s home county. Suits against a city, county, or district can be in the county where the claim arose or in any county where that local government is located.

Challenges to new laws move to sponsor's district

The law sets a special venue for cases that challenge a statute or session law enacted or amended in the current legislative biennium. These cases must be tried in a county that is wholly or partly in the primary sponsor’s legislative district. A “challenge” means claiming a law is unconstitutional or asking the court to stop a law. The “legislative biennium” runs from the first Monday in January of an odd‑numbered year to the day before the first Monday two years later. Courts must change venue on motion when such a challenge is pled, and when the primary sponsor joins a declaratory judgment case under 5-2-107.

Sponsors & Cosponsors

Sponsor

John Fuller
Republican • Senate

Cosponsors

Greg Overstreet
Republican • House

Roll Call Votes

All Roll Calls

Yes: 175 • No: 122

Senate vote • 4/11/2025

Do Concur

Yes: 57 • No: 42

Senate vote • 4/10/2025

Do Concur

Yes: 56 • No: 43

Senate vote • 1/31/2025

Do Pass

Yes: 32 • No: 18

Senate vote • 1/30/2025