70-27-114. Summons -- contents -- service. (1) The summons must:
(a) state the parties to the proceeding, the court in which the proceeding is brought, the nature of the action in concise terms, and the relief sought; and
(b) notify the defendant to appear and answer within 10 days of service and that the relief sought will be taken against the defendant if the defendant does not appear.
(2) The summons must be directed to the defendant and must be served and returned in the same manner as a summons in civil actions is served and returned.
(3) The summons must be served personally upon the defendant if the defendant can be found with due diligence within the state, or if the defendant cannot be found with due diligence within the state, the summons must be served in the same manner as notices are required to be served in 70-27-110.
(4) Upon the return of a summons issued under this chapter that was not served or not served in time, the plaintiff may have a new summons issued, as if no previous summons had been issued.
History: En. Secs. 2087, 2088, C. Civ. Proc. 1895; re-en. Secs. 7276, 7277, Rev. C. 1907; re-en. Secs. 9894, 9895, R.C.M. 1921; Cal. C. Civ. Proc. Secs. 1166, 1167; re-en. Secs. 9894, 9895, R.C.M. 1935; R.C.M. 1947, 93-9708(part), 93-9709; amd. Sec. 1, Ch. 303, L. 1979; amd. Sec. 2, Ch. 231, L. 1999.
Structure Montana Code Annotated
Chapter 27. Forcible Entry and Detainer Unlawful Detainer
Part 1. Definitions and Preliminary Procedure
70-27-101. Application and jurisdiction
70-27-102. Forcible entry defined
70-27-103. Forcible detainer defined
70-27-104. Tenancy at will -- termination by notice
70-27-105. Remedies of landlord after notice
70-27-106. Reentry -- when and how to be made
70-27-107. Action for possession under right of reentry -- notice not required
70-27-108. Unlawful detainer defined
70-27-109. General rules of practice applicable
70-27-110. Service of notice -- how made
70-27-112. Applicability of general provisions on parties
70-27-113. Complaint and summons
70-27-114. Summons -- contents -- service