Montana § 25-3-105 Person Serving Process -- Penalty For Obstruction -- Exception

Montana Statutes

§ 25-3-105 — Person Serving Process -- Penalty For Obstruction -- Exception

Montana·Title 25 CIVIL PROCEDURE·Ch. 3 SERVICE OF PROCESS AND OTHER PAPERS·Part 1 General Provisions

25-3-105 . Person serving process -- penalty for obstruction -- exception.

(1)A process server registered under Title 37, chapter 60, a licensed attorney, or a sheriff, constable, coroner, elisor, or other government employee who is acting in the course of the person's employment while serving process is a public servant for the purpose of determining the offense of obstructing a public servant as provided in 45-7-302 .

(2)A person who obstructs a person serving process is guilty of obstruction of a public servant and is punishable as provided in 45-7-302 .

(3)An unregistered person who serves 10 or fewer services of process in a calendar year, as provided in 25-1-1101 (1), is not acting as a public servant.

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25-3-105 . Person serving process -- penalty for obstruction -- exception. (1) A process server registered under Title 37, chapter 60, a licensed attorney, or a sheriff, constable, coroner, elisor, or other government employee who is acting in the course of the person's employment while serving process is a public servant for the purpose of determining the offense of obstructing a public servant as provided in 45-7-302 .
(2) A person who obstructs a person serving process is guilty of obstruction of a public servant and is punishable as provided in 45-7-302 .
(3) An unregistered person who serves 10 or fewer services of process in a calendar year, as provided in 25-1-1101 (1), is not acting as a public servant.

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