Gallatin County District Court, Montana Service and Proof of Service Rules

CRITICAL

Proof of service must be made by one of the listed methods and filed within 10 days after service; failure to file proof does not invalidate service.

Proof of service shall be made by an affidavit of the party or the party's attorney making service, or by the certificate of the party's resident attorney making service or by an acknowledgment in writing from the party or attorney served, and such affidavit, certificate or acknowledgment shall be filed within 10 days after service. Failure to make proof of service does not affect the validity of the service.

CRITICAL

The listed orders, pleadings, discovery papers, motions, notices, briefs, appendices, and affidavits must be served, subject to the stated exceptions.

Rule 5(a)(1), M.R. Civ.P., requires the following documents to be served: (A) An order stating that service is required; (B) a pleading filed after the original complaint, unless the court orders otherwise under Rule 5(c) because there are numerous defendants; (C) a discovery paper required to be served on a party, unless the court orders otherwise; (D) a written motion and any supporting brief, except one that may be heard ex parte; (E) a written notice, appearance, demand, or offer of judgment, or any similar paper; and (F) briefs, supporting appendices, and supporting affidavits.

WARNING

A letter sent to the judge under this procedure must include copies to all parties.

If a judge has any matter under advisement for more than 120 days, the attorney or self-represented litigant may send a letter to the judge, with copies to all parties, describing the matter under advisement and stating the date that it was submitted to the court.