Montana § 41-5-1404 Service Of Summons

Montana Statutes

§ 41-5-1404 — Service Of Summons

Montana·Title 41 MINORS·Ch. 5 YOUTH COURT ACT·Part 14 Formal Proceeding -- Procedure

41-5-1404 . Service of summons.

(1)A youth who is the subject of a proceeding under this chapter must be personally served with summons at least 5 days before the time stated for appearance.

(2)Service of summons on all other persons designated in 41-5-1403 (1) must be made in accordance with Rule 4(c)(2)(C), (c)(2)(D), and (d) through (s) of the Montana Rules of Civil Procedure, except that in all cases, service must be completed at least 5 days before the time stated for appearance.

(3)If a party referred to in subsection (2) is not personally served before a hearing and has not been secluded in an attempt to delay or disrupt any proceeding, the party may appear within a reasonable time subsequent to the hearing and, on motion to the court, request a rehearing. The motion may be grant

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41-5-1404 . Service of summons. (1) A youth who is the subject of a proceeding under this chapter must be personally served with summons at least 5 days before the time stated for appearance.
(2) Service of summons on all other persons designated in 41-5-1403 (1) must be made in accordance with Rule 4(c)(2)(C), (c)(2)(D), and (d) through (s) of the Montana Rules of Civil Procedure, except that in all cases, service must be completed at least 5 days before the time stated for appearance.
(3) If a party referred to in subsection (2) is not personally served before a hearing and has not been secluded in an attempt to delay or disrupt any proceeding, the party may appear within a reasonable time subsequent to the hearing and, on motion to the court, request a rehearing. The motion may be granted at the discretion of the judge if a rehearing would be in the best interest of the youth.
(4) The court may authorize payment from county funds of costs of service and necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing.
(5) An actual abandonment of a youth by the youth's parent or parents constitutes a waiver of summons and notice requirements by the parent or parents. A return endorsed upon the summons showing inability to serve summons constitutes prima facie evidence of actual abandonment.
(6) The youth court may, in the interests of justice, shorten the notice requirements contained in this section, and notice of shortened time must be endorsed on the summons.
(7) A party, other than the youth, may waive service of summons on that party by written stipulation or by voluntary appearance at the hearing. If the youth is present at the hearing, the youth's counsel may waive service of summons on behalf of the youth.

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Legislative History

En. 10-1217 by Sec. 17, Ch. 329, L. 1974; amd. Sec. 5, Ch. 100, L. 1977; R.C.M. 1947, 10-1217; Sec. 41-5-503 , MCA 1995; redes. 41-5-1404 by Sec. 47, Ch. 286, L. 1997; amd. Sec. 1598, Ch. 56, L. 2009.