Montana Statutes
§ 25-3-402 — Persons To Be Served
Montana·Title 25 CIVIL PROCEDURE·Ch. 3 SERVICE OF PROCESS AND OTHER PAPERS·Part 4 Service of Papers After Defendant's Appearance
25-3-402 . Persons to be served. Subject to the provisions of Rule 5(b), M.R.Civ.P., whenever a plaintiff or a defendant who has appeared resides out of this state and has no attorney in the action or proceeding, service may be made on the clerk of court for that party. However, in all cases in which a party has an attorney in the action or proceeding, the service of papers, when required, must be upon the attorney instead of the party, except of subpoenas, writs, and other process issued in the suit and papers to bring the party into contempt, unless the court orders otherwise.
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Legislative History
En. Sec. 495, p. 232, L. 1867; re-en. Sec. 575, p. 153, Cod. Stat. 1871; re-en. Sec. 479, p. 168, L. 1877; re-en. Sec. 479, 1st Div. Rev. Stat. 1879; re-en. Sec. 492, 1st Div. Comp. Stat. 1887; re-en. Sec. 1835, C. Civ. Proc. 1895; re-en. Sec. 7150, Rev. C. 1907; re-en. Sec. 9783, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1015; re-en. Sec. 9783, R.C.M. 1935; R.C.M. 1947, 93-8506; amd. Sec. 85, Ch. 575, L. 1981; amd. Sec. 385, Ch. 56, L. 2009.
Nearby Sections
15
§ 25-3-101
Definitions§ 25-3-102
Through 25-3-104 Reserved§ 25-3-106
Medical Malpractice Claims -- Time Limit§ 25-3-107
Time Limit For Service Of Process§ 25-3-201
Delivery Of Papers To Officer§ 25-3-203
Prepayment Of Cost Of Service§ 25-3-204
Officer To Exhibit Process§ 25-3-206
Execution By Elisor§ 25-3-301
Time And Manner Of Return§ 25-3-302
Return Prima Facie Evidence§ 25-3-402
Persons To Be Served