Montana Code 70-27-114. Summons — contents — service
70-27-114. Summons — contents — service. (1) The summons must:
Terms Used In Montana Code 70-27-114
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Summons: Another word for subpoena used by the criminal justice system.
(a)state the parties to the proceeding, the court in which the proceeding is brought, the nature of the action in concise terms, and the relief sought; and
(b)notify the defendant to appear and answer within 10 days of service and that the relief sought will be taken against the defendant if the defendant does not appear.
(2)The summons must be directed to the defendant and must be served and returned in the same manner as a summons in civil actions is served and returned.
(3)The summons must be served personally upon the defendant if the defendant can be found with due diligence within the state, or if the defendant cannot be found with due diligence within the state, the summons must be served in the same manner as notices are required to be served in 70-27-110.
(4)Upon the return of a summons issued under this chapter that was not served or not served in time, the plaintiff may have a new summons issued, as if no previous summons had been issued.