reglab/housing_qa huggingface dataset:
MT Code § 25-3-101 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 3. Service of Process and Other Papers|Part 1. General Provisions|25-3-101. Definitions

  25-3-101. Definitions. As used in parts 2 and 3 of this chapter, the following definitions apply:   (1) "Notice" includes all papers and orders (except process) required to be served in any proceeding before any court, board, or officer or required by law to be served independently of such proceeding.   (2) "Process" includes all writs, warrants, summonses, and orders of courts of justice or judicial officers.   History: En. Sec. 4380, Pol. C. 1895; re-en. Sec. 3009, Rev. C. 1907; re-en. Sec. 4773, R.C.M. 1921; Cal. Pol. C. Sec. 4175; re-en. Sec. 4773, R.C.M. 1935; R.C.M. 1947, 16-2701.
MT Code § 25-3-102 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 3. Service of Process and Other Papers|Part 1. General Provisions|25-3-102. through 25-3-104 reserved

  25-3-102 through 25-3-104 reserved.
MT Code § 25-3-105 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 3. Service of Process and Other Papers|Part 1. General Provisions|25-3-105. Person serving process -- penalty for obstruction -- exception

  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.   History: En. Sec. 1, Ch. 69, L. 1997; amd. Sec. 7, Ch. 405, L. 2007.
MT Code § 25-3-106 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 3. Service of Process and Other Papers|Part 1. General Provisions|25-3-106. Medical malpractice claims -- time limit

  25-3-106. Medical malpractice claims -- time limit. A plaintiff in a medical malpractice action shall accomplish service within 6 months after filing the complaint. If the plaintiff fails to do so, the court, on motion or on its own initiative, shall dismiss the action without prejudice unless the defendant has made an appearance.  History: En. Sec. 19, Ch. 368, L. 2015; amd. Sec. 1, Ch. 318, L. 2021.
MT Code § 25-3-201 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 3. Service of Process and Other Papers|Part 2. Service by an Officer|25-3-201. Delivery of papers to officer

  25-3-201. Delivery of papers to officer. (1) (a) It is the duty of a party in any civil action pending in a district court or the party's agent or attorney to forward by mail any process, summons, or other papers required in the cause.   (b) It is the duty of the sheriff, registered process server, or other officer to whom the process, summons, or papers described in subsection (1)(a) may be directed to receive the process, summons, or papers at the place where the documents are directed.   (2) If the papers are delivered for service away from the county seat, all necessary copies must be furnished for service.   (3) If a sheriff, registered process server, or other officer refuses to receive a summons or other process at the point where it was directed or refuses to serve the summons or process, the sheriff, registered process server, or other officer is guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding $100.   History: (1), (3)En. Secs. 1, 2, p. 7, L. 1881; re-en. Sec. 76, 1st Div. Comp. Stat. 1887; en. Sec. 640, C. Civ. Proc. 1895; re-en. Sec. 6523, Rev. C. 1907; re-en. Sec. 9120, R.C.M. 1921; re-en. Sec. 9120, R.C.M. 1935; Sec. 93-3016, R.C.M. 1947; (2)En. Sec. 4634, Pol. C. 1895; re-en. Sec. 3167, Rev. C. 1907; amd. Sec. 1, Ch. 111, L. 1919; re-en. Sec. 4916, R.C.M. 1921; amd. Sec. 1, Ch. 111, L. 1927; amd. Sec. 1, Ch. 89, L. 1929; amd. Sec. 1, Ch. 121, L. 1933; re-en. Sec. 4916, R.C.M. 1935; amd. Sec. 1, Ch. 139, L. 1937; amd. Sec. 4, Ch. 121, L. 1941; amd. Sec. 2, Ch. 59, L. 1949; amd. Sec. 2, Ch. 82, L. 1957; amd. Sec. 1, Ch. 343, L. 1975; amd. Sec. 8, Ch. 439, L. 1975; Sec. 25-226, R.C.M. 1947; R.C.M. 1947, 25-226(part), 93-3016(part); amd. Sec. 83, Ch. 575, L. 1981; amd. Sec. 10, Ch. 548, L. 1987; amd. Sec. 8, Ch. 405, L. 2007.
MT Code § 25-3-202 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 3. Service of Process and Other Papers|Part 2. Service by an Officer|25-3-202. When officer's execution of process justified and required

  25-3-202. When officer's execution of process justified and required. A sheriff, registered process server, or other ministerial officer is justified in the execution of and must execute all process and orders regular on their face and issued by competent authority, whatever may be the defect in the proceedings upon which they were issued.   History: En. Sec. 4395, Pol. C. 1895; re-en. Sec. 3024, Rev. C. 1907; re-en. Sec. 4788, R.C.M. 1921; Cal. Pol. C. Sec. 4187; re-en. Sec. 4788, R.C.M. 1935; R.C.M. 1947, 16-2716; amd. Sec. 11, Ch. 548, L. 1987.
MT Code § 25-3-203 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 3. Service of Process and Other Papers|Part 2. Service by an Officer|25-3-203. Prepayment of cost of service

  25-3-203. Prepayment of cost of service. An officer or registered process server receiving papers for service may not be required to serve papers for service unless the person on whose behalf the service is made or that person's agent or attorney first pays the cost of the service upon a demand by the officer or registered process server.   History: En. Secs. 1, 2, p. 7, L. 1881; re-en. Sec. 76, 1st Div. Comp. Stat. 1887; en. Sec. 640, C. Civ. Proc. 1895; re-en. Sec. 6523, Rev. C. 1907; re-en. Sec. 9120, R.C.M. 1921; re-en. Sec. 9120, R.C.M. 1935; R.C.M. 1947, 93-3016(part); amd. Sec. 12, Ch. 548, L. 1987; amd. Sec. 9, Ch. 405, L. 2007.
MT Code § 25-3-204 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 3. Service of Process and Other Papers|Part 2. Service by an Officer|25-3-204. Officer to exhibit process

  25-3-204. Officer to exhibit process. The officer or registered process server executing a service of process shall display the service of process, all attached papers, and an identification card upon request by an interested party at any time during execution of the service of process.   History: En. Sec. 4396, Pol. C. 1895; re-en. Sec. 3025, Rev. C. 1907; re-en. Sec. 4789, R.C.M. 1921; Cal. Pol. C. Sec. 4188; re-en. Sec. 4789, R.C.M. 1935; R.C.M. 1947, 16-2717; amd. Sec. 13, Ch. 548, L. 1987; amd. Sec. 10, Ch. 405, L. 2007.
MT Code § 25-3-205 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 3. Service of Process and Other Papers|Part 2. Service by an Officer|25-3-205. Execution of process when sheriff a party

  25-3-205. Execution of process when sheriff a party. When the sheriff is a party to an action or proceeding, the process and orders therein which it would otherwise be the duty of the sheriff to execute must be executed by the coroner of the county or a registered process server.   History: En. Sec. 4399, Pol. C. 1895; re-en. Sec. 3028, Rev. C. 1907; re-en. Sec. 4792, R.C.M. 1921; Cal. Pol. C. Sec. 4191; re-en. Sec. 4792, R.C.M. 1935; R.C.M. 1947, 16-2720; amd. Sec. 14, Ch. 548, L. 1987.
MT Code § 25-3-206 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 3. Service of Process and Other Papers|Part 2. Service by an Officer|25-3-206. Execution by elisor

  25-3-206. Execution by elisor. (1) Process or orders in an action or proceeding may be executed by a person residing in the county, designated by the court or a judge, and denominated an elisor in the following cases:   (a) The sheriff and coroner are both parties.   (b) Either of these officers is a party, and the process is against the other.   (c) Either of these officers is a party, and there is a vacancy in the office of the other.   (d) It appears by affidavit to the satisfaction of the court in which the proceeding is pending or the judge that both of these officers are disqualified or, by reason of any bias, prejudice, or other cause, would not act promptly or impartially.   (2) When process is delivered to an elisor, the elisor shall execute and return the process in the same manner that the sheriff is required to execute similar process. The court or judge may at any time on the court's or judge's own motion appoint an elisor.   History: En. Sec. 4400, Pol. C. 1895; re-en. Sec. 3029, Rev. C. 1907; re-en. Sec. 4793, R.C.M. 1921; Cal. Pol. C. Sec. 4192; re-en. Sec. 4793, R.C.M. 1935; R.C.M. 1947, 16-2721; amd. Sec. 383, Ch. 56, L. 2009.
MT Code § 25-3-301 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 3. Service of Process and Other Papers|Part 3. Return of Service|25-3-301. Time and manner of return

  25-3-301. Time and manner of return. (1) The sheriff or other person serving a summons or other process or order required by any of the provisions of law, issued for any of the courts of this state, shall make due and legal return of the service and file the return with the clerk of the court in which the action or proceeding is pending. The return must be made within 10 days after making the service if the service was made in the county in which the action or proceeding is pending and within 20 days after making the service when the service was made outside of the county in which the action or proceeding is pending. Any failure to make and file the return may be punished as a contempt of court.   (2) When process or a notice is returnable to another county or was forwarded under 25-3-201, the sheriff or a registered process server may enclose a return of process or notice in an envelope addressed to the officer who sent it and deposit it in the post office, postage prepaid.   (3) In compliance with the provisions of subsection (1) and in lieu of returning a summons, other process, or order to the clerk of court, the sheriff or levying officer may enclose the return of the summons, process, or order in an envelope, postage prepaid, and deposit it in the post office addressed to the officer, agent, or attorney who sent it.   History: (1)En. Sec. 1, Ch. 38, L. 1907; re-en. Sec. 6527, Rev. C. 1907; re-en. Sec. 9124, R.C.M. 1921; re-en. Sec. 9124, R.C.M. 1935; Sec. 93-3020, R.C.M. 1947; (2)En. Sec. 4385, Pol. C. 1895; re-en. Sec. 3014, Rev. C. 1907; re-en. Sec. 4778, R.C.M. 1921; Cal. Pol. C. Sec. 4177; re-en. Sec. 4778, R.C.M. 1935; Sec. 16-2706, R.C.M. 1947; R.C.M. 1947, 16-2706, 93-3020; amd. Sec. 84, Ch. 575, L. 1981; amd. Sec. 15, Ch. 548, L. 1987; amd. Sec. 3, Ch. 392, L. 2005.
MT Code § 25-3-302 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 3. Service of Process and Other Papers|Part 3. Return of Service|25-3-302. Return prima facie evidence

  25-3-302. Return prima facie evidence. The return of the sheriff or registered process server upon process or notices is prima facie evidence of the proof of the process or notices having been served as stated.   History: En. Sec. 4386, Pol. C. 1895; re-en. Sec. 3015, Rev. C. 1907; re-en. Sec. 4779, R.C.M. 1921; Cal. Pol. C. Sec. 4178; re-en. Sec. 4779, R.C.M. 1935; R.C.M. 1947, 16-2707; amd. Sec. 16, Ch. 548, L. 1987; amd. Sec. 11, Ch. 405, L. 2007.
MT Code § 25-3-401 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 3. Service of Process and Other Papers|Part 4. Service of Papers After Defendant's Appearance|25-3-401. Notice requirements after appearance of defendant

  25-3-401. Notice requirements after appearance of defendant. A defendant appears in an action when the defendant answers, files a motion, or gives the plaintiff written notice of appearance or when an attorney gives notice of appearance for the defendant or has the appearance entered in open court. After appearance, a defendant or the defendant's attorney is entitled to notice of all subsequent proceedings of which notice is required to be given.   History: En. Sec. 494, p. 232, L. 1867; re-en. Sec. 574, p. 152, Cod. Stat. 1871; re-en. Sec. 478, p. 167, L. 1877; re-en. Sec. 478, 1st Div. Rev. Stat. 1879; re-en. Sec. 491, 1st Div. Comp. Stat. 1887; amd. Sec. 1834, C. Civ. Proc. 1895; re-en. Sec. 7149, Rev. C. 1907; re-en. Sec. 9782, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1014; re-en. Sec. 9782, R.C.M. 1935; amd. Sec. 1, Ch. 4, L. 1963; R.C.M. 1947, 93-8505; amd. Sec. 384, Ch. 56, L. 2009.
MT Code § 25-3-402 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 3. Service of Process and Other Papers|Part 4. Service of Papers After Defendant's Appearance|25-3-402. Persons to be served

  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.   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.
MT Code § 25-3-501 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 3. Service of Process and Other Papers|Part 5. Alternative Methods of Service|25-3-501. Service of telegraphic or telephonic copy

  25-3-501. Service of telegraphic or telephonic copy. (1) Any summons, writ, or order in a civil action or proceeding and all other papers requiring service may be transmitted by telegraph or telephone for service in any place. The telegraphic or telephonic copy of the writ, order, or paper transmitted may be served or executed by the officer or person to whom it is sent for that purpose and returned by the officer or person, if any return is required, in the same manner and with the same effect in all respects as the original might be delivered to the officer or person. The officer or person serving or executing the writ, order, or paper has the same authority and is subject to the same liabilities as if the copy were the original.   (2) The original, when a writ or order, must also be filed in the court from which it was issued, and a certified copy of the writ or order must be preserved in the telegraph or telephone office from which it is sent. In sending the writ or order, either the original or certified copy may be used by the operator for that purpose. Whenever any document to be sent by telegraph or telephone bears a seal, either private or official, it is not necessary for the operator, in sending the document, to telegraph or telephone a description of the seal or any words or device on the seal, but the seal may be expressed in the telegraphic or telephonic copy by the letters "L.S." or by the word "seal".   History: En. Sec. 1837, C. Civ. Proc. 1895; re-en. Sec. 7152, Rev. C. 1907; re-en. Sec. 9785, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1017; re-en. Sec. 9785, R.C.M. 1935; R.C.M. 1947, 93-8508; amd. Sec. 386, Ch. 56, L. 2009.
MT Code § 25-3-502 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 3. Service of Process and Other Papers|Part 5. Alternative Methods of Service|25-3-502. Publication to be once a week

  25-3-502. Publication to be once a week. Where not otherwise expressly prescribed by law, all rules, orders, and decrees of court, summonses, and notices of all kinds, whether given by any court, judge, or clerk thereof or by any other officer, board, or commission, which by the laws of this state are required to be published in any newspaper shall be published once a week during the time prescribed by law for publication thereof, whether such publication be made in a weekly, semiweekly, triweekly, or daily newspaper.   History: En. Sec. 1, Ch. 104, L. 1917; re-en. Sec. 9833, R.C.M. 1921; re-en. Sec. 9833, R.C.M. 1935; R.C.M. 1947, 93-8718.
MT Code § 25-3-503 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 3. Service of Process and Other Papers|Part 5. Alternative Methods of Service|25-3-503. What suffices as once a week

  25-3-503. What suffices as once a week. Whenever any statute of Montana requires the publication of any notice, order, or other paper or document in any newspaper once a week for any specified number of weeks, it shall be sufficient to so publish the same once each week for such number of times as shall equal the number of weeks so designated.   History: En. Sec. 1, Ch. 76, L. 1929; re-en. Sec. 9833.1, R.C.M. 1935; R.C.M. 1947, 93-8719.
MT Code § 25-3-504 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 3. Service of Process and Other Papers|Part 5. Alternative Methods of Service|25-3-504. Designating unknown persons as defendants

  25-3-504. Designating unknown persons as defendants. (1) In the situations listed in Rule 4(o)(1), M.R.Civ.P., persons whose names are unknown to plaintiff may be made parties defendant, either on the filing of the complaint, cross-complaint, or complaint in intervention, as the case may be, or at any time thereafter by amendment thereof, by the name and description of unknown owners, unknown heirs, or unknown devisees of any deceased person or by all of such designations.   (2) (a) When persons are made parties defendant by the designation of unknown owners, it shall not be necessary to add to such designation in the title of the action a description of the property involved, whether real, personal, or mixed, of which such persons are claimed or supposed to be unknown owners or claimants or parties in interest, but a description of the property involved shall be included in the body of the summons for publication in the action.   (b) When persons are made defendant by the style and description of unknown heirs or devisees, there shall be added to such designation of them the name of the deceased person of whom they shall be claimed or supposed to be the heirs or devisees.   History: En. Sec. 1, Ch. 105, L. 1941; amd. Sec. 1, Ch. 179, L. 1943; R.C.M. 1947, 93-2819; amd. Sec. 86, Ch. 575, L. 1981.
MT Code § 25-3-505 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 3. Service of Process and Other Papers|Part 5. Alternative Methods of Service|25-3-505. Effect of service by publication upon unknown persons

  25-3-505. Effect of service by publication upon unknown persons. Judgments and decrees rendered in actions or proceedings when persons have been so made parties and served by publication of summons shall have the effect prescribed in Rule 4(o)(2), M.R.Civ.P. If such persons are made parties by the designation of:   (1) unknown heirs, the judgment or decree shall be conclusive as to all heirs of such deceased party;   (2) unknown devisees, the judgment or decree in such proceedings shall be conclusive as against all devisees of such deceased person;   (3) unknown owners, the judgment or decree rendered in such action or proceeding shall be conclusive as against the world, including persons with contingent interests in the controversy and persons not in being who may have an interest or contingent interest therein.   History: En. Sec. 2, Ch. 105, L. 1941; R.C.M. 1947, 93-2820; amd. Sec. 87, Ch. 575, L. 1981.
MT Code § 25-3-601 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 3. Service of Process and Other Papers|Part 6. Service on Secretary of State -- Nonresident Motorists|25-3-601. Conditional granting of use of highways to nonresidents

  25-3-601. Conditional granting of use of highways to nonresidents. Subject to a compliance with the motor vehicle laws of this state and the acceptance of the provisions of this part and 25-10-206, nonresident owners and operators of motor vehicles hereby are granted the privilege of using the highways, roads, and streets of this state and its political subdivisions, and the use of such highways, roads, and streets shall be deemed and construed to be an acceptance of the provisions of this part and 25-10-206.   History: En. Sec. 1, Ch. 10, L. 1937; R.C.M. 1947, 53-201.
MT Code § 25-3-602 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 3. Service of Process and Other Papers|Part 6. Service on Secretary of State -- Nonresident Motorists|25-3-602. Operation of vehicle considered consent to service on secretary of state

  25-3-602. Operation of vehicle considered consent to service on secretary of state. The acceptance by a nonresident of the rights and privileges conferred by the laws of this state to use the highways, roads, and streets of the state and its political subdivisions, as evidenced by the nonresident operating a motor vehicle on the highways, roads, and streets, is considered equivalent to and construed to be an appointment by the nonresident of the secretary of state of the state of Montana to be the nonresident's true and lawful attorney upon whom may be served all lawful summonses and processes against the nonresident growing out of any accident, collision, or liability in which the nonresident may be involved while operating a motor vehicle upon the highways, roads, and streets. The acceptance or operation is a signification of the nonresident's agreement that any summons or process against the nonresident that is served on the secretary of state is of the same legal force and validity as if served on the nonresident personally within the state of Montana.   History: En. Sec. 2, Ch. 10, L. 1937; R.C.M. 1947, 53-202; amd. Sec. 387, Ch. 56, L. 2009.
MT Code § 25-3-603 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 3. Service of Process and Other Papers|Part 6. Service on Secretary of State -- Nonresident Motorists|25-3-603. Operation of vehicle by agent

  25-3-603. Operation of vehicle by agent. The operation by any person, individually or by the person's agent, of any motor vehicle, whether registered or unregistered and with or without a license to operate, on any public way in this state is considered equivalent to an appointment by the person of the secretary of state to be the person's true and lawful attorney upon whom may be served all lawful processes in any action or proceeding against the person growing out of an accident or collision in which the person or the person's agent may be involved while operating a motor vehicle on any public way in this state. The operation is a signification of an agreement by the person that any process against the person that is served upon the secretary of state is of the same force and validity as if served upon the person personally. This section does not apply in case of any cause of action, for the service of process in which provision is made by 25-3-602, and it does not authorize service of process upon any person who may with due diligence be found and personally served with process within the state of Montana.   History: En. Sec. 3, Ch. 10, L. 1937; R.C.M. 1947, 53-203; amd. Sec. 388, Ch. 56, L. 2009.
MT Code § 25-3-604 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 3. Service of Process and Other Papers|Part 6. Service on Secretary of State -- Nonresident Motorists|25-3-604. Secretary of state's record of process served

  25-3-604. Secretary of state's record of process served. The secretary of state shall keep a record of all such summonses and process, which shall show the day of service.   History: En. Sec. 6, Ch. 10, L. 1937; R.C.M. 1947, 53-206.