Montana Code 70-28-209. Personal service of summons — service by mail
70-28-209. Personal service of summons — service by mail. (1) If the affidavit discloses the name of any person next of kin or relationship to the deceased entryman or entitled to succeed to any part of the property or the name of a person who claims or may claim an interest by mortgage, trust deed, judgment, or other lien, the summons must also be personally served upon that person, if the person can be found within the state, together with a copy of the complaint and a copy of the affidavit, during the period of the publication of the summons, and there must be attached to the copy of the summons delivered to the person a copy of the memorandum provided in 70-28-208.
Terms Used In Montana Code 70-28-209
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Property: means real and personal property. See Montana Code 1-1-205
- 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.
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(2)If the person resides out of the state, a copy of the summons, memorandum, complaint, and affidavit must be, within 10 days after the first publication of the summons, deposited in the United States post office, enclosed in a sealed envelope, postage prepaid, addressed to the person at the address given in the affidavit or, if an address is not given in the affidavit, then at the county seat of the county in which the action was brought. If the person resides within the state and could not with due diligence be found within the state within the period of the publication of the summons, then the notice described in this subsection must be mailed to the person, as provided in this subsection, upon the expiration of the period of publication.