Venue is the geographic location (county in state court or district in federal court) where a lawsuit may be filed. Proper venue is usually determined by statute, and upon the filing of a lawsuit, the defendant may seek to transfer (move) the venue to a proper venue if it believes the plaintiff’s choice of venue is not a proper venue.

In Montana, the concept of venue refers to the appropriate location within the state where a legal case can be filed and heard. State statutes, specifically the Montana Code Annotated (MCA), provide guidance on determining proper venue for different types of cases. Generally, civil actions should be brought in the county where the defendant resides or where the cause of action arose. If the defendant is a corporation, the action may be brought in the county where the corporation has its principal place of business or where the incident occurred. For criminal cases, the venue is typically the county where the crime was committed. If a defendant believes that the plaintiff has chosen an improper venue, they may file a motion to change venue. The court will then decide whether to grant the motion based on factors such as convenience for parties and witnesses, and the interests of justice. At the federal level, venue is determined by federal statutes, such as 28 U.S.C. § 1391, which outline where a federal lawsuit can be filed, often based on where the defendant resides or where a substantial part of the events giving rise to the claim occurred.