In Hopkins, this Court modified its holding in Johnson and determined that the court may properly consider facts set forth in affidavits which are filed subsequent to the original complaint when ruling on a motion to change venue. The consideration of facts in an affidavit is not prejudicial to a party moving for a change of venue. Accordingly, it was proper for the District Court in this case to consider Johnson's affidavit when determining whether to grant or deny defendants' motion. Did the District Court err when it determined that venue is proper in Gallatin County pursuant to sec. The named defendants in plaintiff's first complaint were all employees of the Montana Department of Administration, and therefore, they were all state officials.
Defendants recognize that sec.
Defendants contend that their decision to deny plaintiff's proposal occurred in Lewis and Clark County, and therefore, plaintiff's suit against them arose in Lewis and Clark County. Therefore, the court erred when it found that a part of plaintiff's claim arose in Gallatin County for purposes of establishing venue. This Court held that although the decision to demote and transfer the plaintiff was made in Lewis and Clark County, Missoula County was a proper place for trial under sec. Therefore, at least a part of the cause of action arose in Missoula County. It is not the mere making of the order, but the place where it is put in operation, that determines where the cause of action arose.