Montana Motion for Change of Venue - incorrect court district

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Multi-State
Control #:
US-MOT-01419
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This is a multi-state form covering the subject matter of the title.
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FAQ

A related but separate concept is called venue. This involves choosing which court in a certain state should hear your case. Courts are usually designated ing to a city, county, or judicial district. Venue rules exist to prevent a defendant from litigating a case in an excessively inconvenient forum.

Rule 2 ? Motions. Except as provided in M. R. Civ. P. 56(c), within fourteen days after service of the movant's brief, the opposing party shall file an answer brief which also may be accompanied by appropriate supporting Page 2 2 documents.

Usually, venue is in the county where: The person you are suing lives or does business (if you are suing a business or organization); or. The dispute arose, like where an accident happened, or where a contract was entered into or broken.

Venue should be distinguished from personal jurisdiction. Even if a court has jurisdiction over a case, venue may still be improper. Venue for civil actions in the federal judicial system is governed by 28 U.S.C. §§ 1390 to 1413.

Normally, the venue in a criminal case is the judicial district or county where the crime was committed. For civil cases, venue is usually the district or county which is the residence of a principal defendant, where a contract was executed or is to be performed, or where an accident took place.

When one party wants to change venue, she must file a motion for change of venue. Most jurisdictions have strict requirements for the motion, which can be found in that jurisdiction's rules of procedure.

1) In writing by filing a Motion or responding to a Motion; or 2) In person at a hearing scheduled by the Judge, with both sides present.

The proper place for the trial of an action is called "venue". There may be one or more proper place(s) for the trial of a particular action, and justice and city courts may have concurrent venue under these rules. The proper place for trial is determined by the type of case or the residence of the defendant.

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Montana Motion for Change of Venue - incorrect court district