39-3-508. Summons — service of process. (1) Upon the filing of the complaint described in 39-3-506, summons must issue and a copy of the complaint and a copy of the summons must be served upon the employer, who has 10 days after service to appear and defend the action.

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Terms Used In Montana Code 39-3-508

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202
  • Service of process: The service of writs or summonses to the appropriate party.
  • Summons: Another word for subpoena used by the criminal justice system.

(2)All orders and other process provided for in this part must be served by the sheriff upon the employer in the same manner as a summons in a civil suit is served. Service upon a partner or member of any firm is considered service upon each partner and each member of the firm. If the employer is a nonresident or a corporation without officers or directors within the county and cannot conveniently and promptly be found for service, then service upon the manager, superintendent, or supervisor in charge of the work or, if there are none of these individuals, then posting a copy of the order or other process in a conspicuous place at or near the entrance to the principal workings is considered sufficient service.