Montana Sample Letter for Proof of Publication of Summons by Publication
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How to fill out Sample Letter For Proof Of Publication Of Summons By Publication?
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FAQ
The proof of publication will include an affidavit or declaration from the publisher listing the dates your summons was published (CCP § 417.10(b)), attached to a copy of the document that appeared in the paper (CCP § 2010).
"Service by publication" means that you publish the Summons or other document in a newspaper of general circulation in the area where your spouse or partner is likely to be. For service by publication, you will have to pay the newspaper a fee to publish the document.
The party may deliver the Summons personally to the witness, or arrange to have someone else deliver it to the witness. The summons cannot be mailed or faxed to the witness or left with another person at the witness's address. The summons is to be served no later than ten (10) days before the time for attendance.
The summons and complaint may be served on a non-infant or non-incompetent person in two ways: either by personally delivering Montana Process Service to the person or by serving it on an agent designated to receive Montana Process Service, in which case the agent must be given any additional notice required.
(4) Acquisition of Jurisdiction. A court of this state may acquire personal jurisdiction over any person through service of process as provided in this rule or by statute, or by voluntary general appearance in an action by any person either personally or through an attorney or any other authorized person.
Service by publication can only be done for specific types of cases such as dissolution of marriage, property actions, and certain other cases where Montana statute allows this form of service. First, you need to file papers with the court to prove that you cannot find the other party to physically serve them.
