Montana Code 25-35-604. Service on defendant — return
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25-35-604. Service on defendant — return. (1) The original of the order and notice must be shown to the defendant, and a copy of the order and notice along with a copy of the sworn complaint must be served upon the defendant by the sheriff, constable, or other process server in the same manner provided by law for service of process in civil actions in justice’s court. The provisions of law relating to sheriff’s fees are applicable to this section.
Terms Used In Montana Code 25-35-604
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
- Service of process: The service of writs or summonses to the appropriate party.
(2)The sheriff, constable, or other process server shall, after effecting service, return the original order to the justice of the peace or the justice’s clerk.