Montana Department of Labor & Industry v. Montana Thirteenth Judicial District Court
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The Supreme Court held that service is not required when the Montana Department of Labor and Industry, Employment Relations Division (DLI) files an application for enforcement of judgment when it seeks enforcement of a final agency decision in a wage claim action.
DLI applied to the district court for enforcement of judgment against a Billings restaurant on behalf of Jordan Carillo for unpaid wages pursuant to Mont. Code Ann. 39-3-212(1). DLI did not serve the restaurant under Mont. R. Civ. P. 4. The district court concluded that the filing of an application for enforcement of judgment initiates as lawsuit that that due process requires service of process. DLI petitioned the Supreme Court for a writ of supervisory control. After considering DLI's petition as one of a declaratory judgment, the Supreme Court held (1) DLI need not follow Mont. R. Civ. P. 4 service of process requirements when applying for enforcement of judgment in Montana's district courts in wage claim matters pursuant to section 39-3-212(1); but (2) the statutes do not exempt DLI from compliance with Mont. R. Civ. P. 5.
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