Venue

(a) Certification by Filer. The caption of an initial pleading or notice of removal constitutes certification that venue conforms with this rule. If the caption of any initial pleading does not name a division, the clerk will assign venue. (b) Proper Divisional Venue.

Except as set forth below, venue is proper in any division of the court containing a county of proper venue under the laws of the State of Montana. (1) Cases alleging a tort against the United States are venued in the division containing the county: (A) where the tort occurred; (B) where the plaintiff resided at the commencement of the action; or (C) where any defendant other than the United States resided at the commencement of the action (2) Habeas cases are venued in the division containing the county where judgment was (A) entered, if a judgment is challenged; in the Helena Division, if denial or conditions of parole are (B) challenged; in the division containing the county where the petitioner is (C) incarcerated, if pretrial detention is challenged Prisoner civil rights cases are venued in the division where an alleged (3) wrong was committed. D.Mont L.R. 3.2 Venue 11 | P a g e (c) Motions to Change Venue Within the District. (1) A defendant must file any motion for change of divisional venue with its first appearance (2) A plaintiff must file any motion for change of divisional venue within 14 days of the first appearance of any party whose appearance makes existing venue improper (3) Failure to file a timely motion for change of divisional venue constitutes consent to the existing venue.

(d) Trial. Cases are tried in the division to which the case is assigned, unless the court, in its discretion, orders trial in another division. (e) Sua Sponte Change of Venue. The court may sua sponte change divisional venue when it is apparent from the pleadings that the case was not filed in the proper division.