Montana Rules of Civil Procedure

Montana's rules for serving a summons and complaint are in the Montana Rules of Civil Procedure, mainly Rule 4. The current version of Rule 4 took effect October 1, 2011, and was last amended effective July 1, 2017.

Who can serve for pay is covered by the Montana Code Annotated (MCA), mainly MCA § 25-1-1101 and MCA § 37-60-301. Montana registers process servers through the Department of Labor and Industry.

Disclaimer: Laws change, and this page is a plain-language summary, not legal advice. Check the current rules on the Montana Code Annotated site or the Montana Judicial Branch rules page, or ask an attorney before relying on it.

Montana process servers

• Become a process server in Montana
• Hire a process server in Montana

Quick facts: process serving in Montana

• Who can serve: A sheriff, deputy sheriff, constable, or any person over 18 who isn't a party to the case (Rule 4(d)(2)).
• Licensing: Anyone who serves more than 10 papers in Montana in a calendar year must be a registered process server (MCA § 25-1-1101).
• Deadline to serve: Within 3 years after filing the complaint, or the court must dismiss the case without prejudice (Rule 4(t)).
• Substituted service: Montana doesn't allow leaving papers with someone at an adult's home. Adults are served in person, through an authorized agent, or by mail with acknowledgment (Rule 4(e)).
• Proof of service: A private server files an affidavit stating the time, date, place and manner of service (Rule 4(r)).
• Time to respond: 21 days after service in most civil cases, or 42 days for the State and its agencies (Rule 12(a)).

Process-serving software: ServeManager

ServeManager is process-serving software used by agencies across Montana. It tracks every attempt with date, time, GPS and photos, and generates affidavits of service from the job.

Register for ServeManager

Montana process server registration

Montana registers process servers rather than licensing them through a separate board. Under MCA § 25-1-1101, anyone who makes more than 10 services of process in Montana in one calendar year must be registered under Title 37, chapter 60. Only registered process servers may use the title "process server" (MCA § 37-60-301).

Registration is handled by the Montana Department of Labor and Industry's Private Security Program. Its application checklist lists:

• A surety bond of $10,000 for an individual or $100,000 for a firm
• A passing score on an exam based on the process server handbook
• A fingerprint background check through the Montana Department of Justice and the FBI
• An application fee

A registered process server can serve in any county in Montana and can act as a levying officer, but can't levy on a judgment larger than the bond. Sheriffs, constables, other government employees acting in their jobs, and licensed attorneys are exempt.

For a step-by-step guide, see Become a Process Server in Montana.

How to serve a summons in Montana

The summons and complaint must be served together. The person asking for the summons is responsible for getting it served and filed on time (Rule 4(c)).

Personal service: Rule 4(e)

The server hands a copy of the summons and complaint to the person, or to an agent authorized by appointment or by law to accept service for them.

Unlike most states, Montana has no general abode or substituted service for adults. You can't leave the papers with a family member or roommate. The one exception is a minor over 14: the server delivers papers to the minor and also leaves a copy at the minor's home with an adult who lives there (Rule 4(f)).

Service by mail with acknowledgment: Rule 4(d)(3)

The summons and complaint are mailed first-class with two copies of the notice and acknowledgment form (Form 18-A) and a prepaid return envelope. Service is complete on the date the defendant signs the acknowledgment.

If the acknowledgment isn't returned within 21 days, the papers must be served in person. The court will order the defendant to pay the cost of personal service unless they show good cause. This method can't be used for minors, incompetent persons, or businesses and associations.

Service outside Montana: Rule 4(n)

If a person can't be served in Montana with due diligence, they can be served outside the state in the same way as inside it. That service has the same effect as service in Montana.

Service by publication: Rule 4(o)

Publication is only allowed in certain cases, such as actions involving property in Montana, foreclosures, some family law matters, and cases where property has been attached or garnished. The plaintiff files an affidavit (for example, that the defendant can't be found in Montana after due diligence) and gets an order for publication.

The summons is published once a week for three successive weeks in a newspaper in the county. A copy must be mailed to the defendant's residence within 14 days after the first publication, if it's known. The first publication must happen within 60 days after the affidavit is filed, or the case is dismissed as to that defendant.

Service through the Secretary of State: Rules 4(j) and 4(p)

When none of the people who can accept service for a business can be found in Montana, the plaintiff can file an affidavit and pay a fee to have the Secretary of State served. The Secretary of State then mails the papers by certified mail with a return receipt. Publication may also be required.

Serving businesses and other entities

• Corporations, LLCs, partnerships and associations (Rule 4(i)): Serve an officer, director, manager, managing or general agent, or partner; the registered agent; or leave the papers at a Montana office with the person in charge. Look up registered agents with the Montana Secretary of State business search.
• Cities, towns, counties and school districts (Rule 4(k)): Serve a commissioner, trustee, board member, mayor or the head of the legislative department.
• The State of Montana and state agencies (Rule 4(l)): Serve the attorney general and anyone else a statute requires.
• Estates and trusts (Rule 4(m)): Serve the personal representative of an estate or any trustee of a trust.

Serving a subpoena in Montana

Any person who is 18 or older and not a party can serve a subpoena. The server delivers a copy to the person named. If the subpoena requires the person to attend, the server must also tender the fees for one day's attendance and the mileage allowed by law (Rule 45(b)).

A subpoena for a hearing or trial can be served anywhere in Montana. Other parties must get at least 10 days' notice before a commanded production of documents.

Proof of service

Under Rule 4(r), proof of service is:

• A certificate from a sheriff or other officer
• An affidavit from any other person who served the papers
• For publication, affidavits from the publisher and from the person who mailed the papers
• A written admission from the defendant, or the signed acknowledgment for mail service

A private server's affidavit must state the time, date, place and manner of service. It must also state that the server is of legal age and knew the person served was the person named in the papers. Failing to file proof doesn't make the service invalid, and the court can allow the proof to be amended (Rule 4(q)).

Hire a Montana process server

Find registered process servers in Montana in the ServeNow Montana directory.

More Montana resources

• Become a Process Server in Montana
• Courts in Montana
• Montana Rules of Civil Procedure, Rule 4 (Montana Legislature)
• Montana Rules of Civil Procedure (Montana Judicial Branch)
• Process server registration checklist (Montana Department of Labor and Industry)

This page is a general overview of Montana law, not legal advice. Laws change. Check the current rules or talk to an attorney about your case.