Dear [Recipient's Name], I am writing this letter to transmit the summons by publication on behalf of [Plaintiff's Name] in the case of [Case Name], which is currently pending in [Court Name and Case Number]. The purpose of this letter is to inform you that all reasonable efforts to serve the summons directly to the defendant, [Defendant's Name], have been unsuccessful. As a result, we are now resorting to the alternative method of summons by publication, as prescribed under Montana law. Under Montana Code Annotated § 25-10-303, when personal service of the summons cannot be made within the state, publication is a valid method for giving notice to the defendant. This method involves publishing the summons in a designated newspaper or other approved publication within the county where the lawsuit is filed or where the defendant is believed to be located. The publication of the summons will include the key details of the case, such as the names of the parties involved, a brief description of the lawsuit, and the date and time for the defendant to respond. It is essential to comply with the proper procedures and timelines outlined in the Montana court rules to ensure the validity of this method. If you are the authorized representative of the named newspaper or publication, please find enclosed a copy of the summons and related documents for publication. Kindly review the enclosed documents to ensure accurate and complete publication. Upon publication, it is crucial to promptly provide an affidavit of publication or a certificate of service to the court and the plaintiff's attorney as proof of compliance with the summons by publication requirement. This affidavit or certificate should include the exact dates the summons was published, the name of the newspaper or publication, and any additional information requested by the court. Please note that failure to comply with the court's requirements may result in delays or potential dismissal of the case. Therefore, it is crucial to follow all necessary steps diligently. Thank you for your cooperation and assistance in this matter. If you have any questions or require further information, please do not hesitate to contact me at [Your Contact Information]. Kind regards, [Your Name] [Your Title/Position] [Law Firm Name] [Address] [City, State, ZIP Code] [Phone Number] [Email Address] Types of Montana Sample Letter for Letter transmitting Summons by Publication: 1. Montana Sample Letter for Letter transmitting Summons by Publication — General: This type of letter can be used in various civil cases when personal service of the summons cannot be made within the state, and publication is required as an alternative method for giving notice to the defendant. 2. Montana Sample Letter for Letter transmitting Summons by Publication — Divorce: This specific type of letter can be used in divorce cases when one of the parties cannot be personally served and publication is necessary to provide notice of the divorce proceedings. 3. Montana Sample Letter for Letter transmitting Summons by Publication — Probate: This type of letter can be used in probate cases when the interested parties, such as potential heirs or creditors, cannot be personally served, and publication is needed to inform them about the probate process and their rights. 4. Montana Sample Letter for Letter transmitting Summons by Publication — Child Custody: This particular type of letter can be utilized in child custody cases when one parent cannot be located for personal service, and publication is required to notify them about the custody proceedings and their rights as a parent. Please note that the above types are just examples and can vary depending on the specific circumstances and nature of the case.
Montana Sample Letter for Letter transmitting Summons by Publication
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Service by publication can only be done for specific types of cases such as dissolution of marriage, property actions, and certain other cases where Montana statute allows this form of service. First, you need to file papers with the court to prove that you cannot find the other party to physically serve them.
(4) Acquisition of Jurisdiction. A court of this state may acquire personal jurisdiction over any person through service of process as provided in this rule or by statute, or by voluntary general appearance in an action by any person either personally or through an attorney or any other authorized person.
Rule 34. Producing Documents, Electronically-Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes.
(1) A subpoena may be served by a peace officer or by any other person who is not a party and who is not less than 18 years of age. A peace officer shall serve any subpoena delivered to the peace officer for service in the peace officer's county either on the part of the prosecution or of the defendant.
The summons and complaint may be served on a non-infant or non-incompetent person in two ways: either by personally delivering Montana Process Service to the person or by serving it on an agent designated to receive Montana Process Service, in which case the agent must be given any additional notice required.
