Montana Justice and City Court Rules of Civil Procedure R. 5
Rule 5. Service and filing of pleadings and other papers, excluding summons.
Terms Used In Montana Justice and City Court Rules of Civil Procedure R
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
- Summons: Another word for subpoena used by the criminal justice system.
- Writing: includes printing. See Montana Code 1-1-203
A. WHEN MADE.
Whenever a pleading permitted by Rule 7 is filed and served, the party served shall file and serve any further written pleading within 20 days, unless otherwise provided by law, after service unless the time period is extended pursuant to Rule 6B, M.J.R.Civ.P. The party served may file a written pleading after 20 days if no default has been entered. All original pleadings and other papers must be filed with the court. A copy must be served on all other parties or their attorneys as provided below.
B. HOW MADE.
(1)Whenever under these rules service is required or permitted to be made upon a party represented by an attorney, the service must be made upon the attorney unless service upon the party personally is ordered by the judge.
(2)Service must be made by delivering a copy to the attorney, or to the party if not represented by an attorney.
(a)Delivery of a copy to an attorney within this rule means:
(i)handing it to the attorney;
(ii)leaving it at the attorney’s office with a person in charge;
(iii)if there is no one in charge, leaving it in a conspicuous place in the attorney’s office; or
(iv)by mail directed to the attorney’s last known address.
(b)Delivery of a copy to a party within this rule means:
(i)handing it to the party; or
(ii)by leaving it at the party’s place of residence with a person of suitable age and discretion who resides there; or
(iii)by mail directed to the party’s last known address.
(c)Service by mail is complete upon mailing.
C. PROOF OF SERVICE.
Proof of service must be made by an affidavit of the party or the party’s attorney making service, by the certificate of the attorney making service, or by an acknowledgment in writing from the party or attorney served. The affidavit, certificate, or acknowledgment must be filed with the court.