Montana Statutes
§ 40-6-1002 — Service Of Process -- Service By Publication -- Effect
Montana·Title 40 FAMILY LAW·Ch. 6 PARENT AND CHILD·Part 10 Termination of Parent-Child Legal Relationship -- Sexual Abuse
40-6-1002 . Service of process -- service by publication -- effect.
(1)Except as otherwise provided in this part, service of process must be made as provided in the Montana Rules of Civil Procedure.
(2)If a person cannot be served personally or by certified mail, the person may be served by publication as provided in 40-6-1003 . Publication constitutes conclusive evidence of service, and a hearing must then proceed at the time and date set, with or without the appearance of the person served by publication. During or after the hearing, the court may issue an order that will adjudicate the interests of the person served by publication.
(3)If the parent cannot be found prior to the hearings allowed by 40-6-1001 , the court may grant the petition as filed or may order the person filing the
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Legislative History
En. Sec. 2, Ch. 388, L. 2017; amd. Sec. 25, Ch. 3, L. 2019; Sec. 41-3-802, MCA 2017; redes. 40-6-1002 by Code Commissioner, 2019.
Nearby Sections
15
§ 40-6-1003
Service By Publication -- Summons -- Form§ 40-6-101
Short Title§ 40-6-102
Definitions§ 40-6-103
Relationship Not Dependent On Marriage§ 40-6-105
Presumption Of Paternity§ 40-6-106
Artificial Insemination§ 40-6-108
Statute Of Limitations§ 40-6-109
Jurisdiction -- Venue§ 40-6-110
Parties§ 40-6-111
Pretrial Proceedings§ 40-6-112
Paternity Tests