Legal Question in Civil Rights Law in Montana

civil lawsuit

My sister is malisiously suing me from Montana for monetary gain and I live in Texas. She is using the fact that I sold property there for the venue. Can I motion to dimiss for impoper venue? Her complaint also includes a sentence in which can be considered slanderess , Can that also be to my advantage?


Asked on 7/26/08, 6:30 am

1 Answer from Attorneys
Roger Evans Mathis & Donheiser

Re: civil lawsuit

If the suit concerns the Montana property, it is likely that venue is proper there. It is also likely that venue is proper if any of the causes of action arose there, that is, that events giving rise to the suit occurred in Montana.

In general, statements in a court pleading are protected from allegations that they are libelous. Slander only applies to oral, not written, statements. Again, usually, you have to prove that the statement is wrong, and was known to be wrong, or the belief in its truth was in reckless disregard of the truth.

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Answered on 7/26/08, 1:12 pm


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