Montana Sample Letter for Letter to Sheriff concerning Service of Process
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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 ...
(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.
Rule 19. Required Joinder of Parties. (a) Persons Required to be Joined if Feasible. (ii) leave an existing party subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations because of the interest.
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 plaintiff must furnish the necessary copies to the person who makes service. (2) In Person. Service of all process may be made in the county where the party to be served is found by a sheriff, deputy sheriff, constable, or any other person over the age of 18 not a party to the action.
