Montana Code Annotated 2017



Part 5. Wage Protection for Certain Employees of Mineral and Oil Industry

Summons -- Service Of Process

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.

(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.

History: (1)En. Sec. 4, Ch. 39, L. 1939; Sec. 41-1315, R.C.M. 1947; (2)En. Sec. 7, Ch. 39, L. 1939; Sec. 41-1318, R.C.M. 1947; R.C.M. 1947, 41-1315(part), 41-1318; amd. Sec. 1494, Ch. 56, L. 2009.