25-35-604. Service on defendant -- return. (1) The original of the order and notice must be shown to the defendant, and a copy of the order and notice along with a copy of the sworn complaint must be served upon the defendant by the sheriff, constable, or other process server in the same manner provided by law for service of process in civil actions in justice's court. The provisions of law relating to sheriff's fees are applicable to this section.
(2) The sheriff, constable, or other process server shall, after effecting service, return the original order to the justice of the peace or the justice's clerk.
History: En. Secs. 9, 10, Ch. 586, L. 1981; amd. Sec. 512, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 35. Small Claims Procedure -- Justice's Court
Part 6. Procedure Before Trial
25-35-601. Commencement of action -- assistance to claimant
25-35-602. Form of complaint and order of court/notice to defendant
25-35-604. Service on defendant -- return
25-35-605. Removal to justice's court -- effect of failure to remove
25-35-606. Defendant's counterclaim
25-35-607. No further pleadings
25-35-609. Pretrial conferences or hearings -- appearance by telephone conference