Montana Code Annotated 1995

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     Rule 5. Service and filing of pleadings and other papers. A. WHEN MADE. Whenever a pleading permitted by Rule 7 is filed and served, the party served shall file and serve any further written pleading within 20 days after service unless the time period is extended pursuant to Rule 6B.
     B. HOW MADE.
     (1) Whenever under these rules service is required or permitted to be made upon a party represented by an attorney, the service must be made upon the attorney unless service upon the party personally is ordered by the judge.
     (2) Service must be made by delivering a copy to the attorney, or to the party if so ordered, by mailing it to the attorney or party at the last-known address or, if no address is known, by delivering it to the judge.
     (a) Delivery of a copy within this rule means:
     (i) handing it to the attorney, or the party if so ordered;
     (ii) leaving it at the attorney's office with a person in charge;
     (iii) if there is no one in charge, leaving it in a conspicuous place in the office; or
     (iv) if the office is closed or the person to be served has no office, by leaving it at the defendant's place of residence with a person of suitable age and discretion who resides there.
     (b) Service by mail is complete upon mailing.
     C. PROOF OF SERVICE. Proof of service must be made by an affidavit of the party or the party's attorney making service, by the certificate of the attorney making service, or by an acknowledgment in writing from the party or attorney served. The affidavit, certificate, or acknowledgment must be filed with the court.

     History: En. Sup. Ct. Ord. February 9, 1990, eff. June 1, 1990.

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