2009 Montana Code Annotated
TITLE 25. CIVIL PROCEDURE
CHAPTER 23. MONTANA JUSTICE AND CITY COURT RULES OF CIVIL PROCEDURE
Rule 5. Service and filing of pleadings and other papers, excluding summons.

     Rule 5. Service and filing of pleadings and other papers, excluding summons. 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.

     History: En. Sup. Ct. Ord. February 9, 1990, eff. June 1, 1990; amd. Sup. Ct. Ord. June 24, 1997, eff. Oct. 1, 1997.