Montana Service of Process Rules
Montana
State Serve Rules
Affidavit
Notary
Required
Refusal service
No, leaving papers is considered personal service
Mailing
Mail for corporate substitute service
Not Required
Mail for substitue service
Not Required
Minors, Incapacitated, and Jail
Incapacitated individuals + care/custody
Must serve individual + care/custody
Jail Care Custody Service
Facility-specific policy
Jail Personal Service
Facility-specific policy
Service to a minor
14+, minor and adult at usual abode; <14, parent/guardian
Proof Specialists
Mirrors Fed Rules
No
M&O
Not required for service
Substitute Service Rules - Business / Entity
Corporate subservice at a residence
Not Permissible
Government substitute service
No, must serve head of agency
Service of Corporate Person in charge
Yes, may serve person in charge or any employee
Workplace substitute service
Permissible
Substitute Service Rules - Individuals
Due diligence prior to substitute service
Not Required
Minimum age for substitute service
N/A
Residential substitute service
Not Permissible
Spousal Service
Not Permissible
Subpoena Personal Service Only?
Yes
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents
When and where can you serve?
Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Permissible
Eviction Summons Rules
Mailing
Certified Mail
No
Mail always?
No
Mail if posted
Required
Mail if subserve
Yes
Mail SLA
3
Posting Rules
Due Diligence Prior to Posting
Required
Posting
Permissible
Eviction Posting Rules
Affidavit
Notary for Notice
Not required
Mailing
Certified Mail
No
Mail always?
Yes
Mail SLA
3
Proof Specialists
Server/Marshal Required?
Server
**By Whom Served.** Service of all process shall be made in the county where the party to be served is found by a sheriff, deputy sheriff, constable, or any other person over the age of 18 and not a party to the action.
**Personal Service, Individuals.** Upon an individual … by delivering a copy to the individual personally.
**Substituted.** … or to an agent authorized by appointment or by law to receive service of process…
**Corporations.** … By delivering a copy to an officer, director, superintendent or managing or general agent, or partner, or associate…; or by leaving copies at the office or place of business of the corporation … within the state with the person in charge at such office;
**Proof of service.** Proof of the service of the summons and complaint…must be as follows: If by any other person other than a sheriff, that person’s affidavit the name, age, address and telephone number of the registrant; that the registrant has not been convicted of a felony; that the registrant has been a resident of the state for a period of 1 year immediately preceding the filing of the certificate; and that the registrant will perform his duties as a process server in compliance with the provisions
