Montana State Process Service
$179 Routine - $229 Rush
In Montana, service of process rules are governed by Montana Rules of Civil Procedure, primarily Rule 4. Below are key points related to service of process in Montana:
1. Who Can Serve Process
- A process server must be at least 18 years old and not a party to the case.
- Sheriffs or constables in the county where service is made are also authorized to serve process.
- Professional process servers can also be appointed by the court.
2. Methods of Service
Service of process in Montana can generally be completed by the following methods:
Personal Service
- Delivering a copy of the summons and complaint directly to the individual to be served.
- Service is effective upon delivery.
Service on a Corporation or Business
- Service must be made to the registered agent, officer, or managing agent of the entity.
- If no agent is available, service may be made as directed by the court.
Substituted Service
- If personal service is impracticable, process may be left at the individual's dwelling or usual place of abode with someone of suitable age and discretion residing there.
Service by Mail
- A party can request service by first-class mail, with return receipt requested. The service is complete when the recipient signs the acknowledgment of receipt.
Service by Publication
- Allowed only with court approval if the defendant cannot be located through reasonable diligence. Publication must be in a newspaper of general circulation in the area.
3. Proof of Service
- The process server must provide an affidavit or return of service detailing the date, time, and manner of service.
- For mail or substituted service, proof must also include documentation supporting proper delivery.
4. Time for Service
- The summons and complaint must be served within 120 days after the complaint is filed, unless an extension is granted by the court.
5. Special Rules for Serving the State or Government Entities
- Serving the state requires delivery of process to the Montana Attorney General and the state agency involved in the lawsuit.