Dear [Recipient], I am writing to request the issuance of Summons by Publication in the state of Montana. As per the legal provisions outlined in Montana Code Annotated § 25-5-310, when a defendant cannot be located within the state or their whereabouts are unknown, Summons by Publication is an appropriate method of serving them with legal documents. The purpose of this letter is to request the necessary authorization from the court to proceed with serving the defendant through publication. In order to initiate this process, I have enclosed all the relevant documentation required by the court, including the Complaint, Affidavit of Diligent Search, and Proposed Order for Summons by Publication. Please find below the details of the case for your reference: — Case caption: [Plaintiff] vs. [Defendant] — Case number: [Insert Case Number— - Brief description of the case: [Provide a brief overview of the case, outlining the key issues and claims involved. You may also mention the date of filing, if applicable.] — Defendant's information: [Include any known details about the defendant, such as their name, last known address, or contact information, if available. If the defendant's whereabouts are completely unknown, mention that in this section.] — Affidavit of Diligent Search: [Briefly explain the efforts made to locate the defendant, such as conducting searches, contacting relatives, searching public records, and any other actions taken to find their current address. Consult with legal professionals to ensure compliance with Montana's specific requirements for diligent search.] — Proposed Order for Summons by Publication: [Provide a draft of the proposed order to the court, requesting authorization for the publication of summons. This proposed order should be prepared in accordance with the local court rules and practices.] I kindly request your prompt attention to this matter and ask that the Summons by Publication is issued as soon as possible. Additionally, please indicate any further instructions or additional documentation required from my side to facilitate this process. Should you require any further information or have any questions, please do not hesitate to contact me at [Your Contact Information]. I appreciate your assistance and cooperation in this matter. Thank you for your attention. Sincerely, [Your Name] [Your Title/Position] [Your Organization (if applicable)] [Your Contact Information]
Montana Sample Letter for Request to Issue Summons by Publication
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How to fill out Montana Sample Letter For Request To Issue Summons By Publication?
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(1) A subpoena may be served by a peace officer or by any other person who is not a party and who is not less than 18 years of age. A peace officer shall serve any subpoena delivered to the peace officer for service in the peace officer's county either on the part of the prosecution or of the defendant.
In addition, as the law currently reads, a process server could be subject to civil liability and criminal trespassing charges for entering private property posted no trespassing. Montana's criminal trespass statute is located at MCA 45-6-203.
Registration requires a surety bond of $10,000 per individual and $100,000 for each firm. Process servers cannot levy on an amount in excess of their bond. Applicants must also pass a written examination based on the Handbook for Process Servers, which is published by the Montana Department of Labor and Industry.
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.
The summons shall be signed by the clerk, be under the seal of the court, contain the name of the court and the names of the parties, be directed to the defendant, state the name and address of the plaintiff's attorney, if any, otherwise the plaintiff's address, and the time within which these rules require the ...
