Certificate of Service - Montana

CERTIFICATE OF SERVICE

State of Montana — District Court

[________________________________] Judicial District, [________________________________] County

COURT INFORMATION

Court: [____] Judicial District Court, [________________________________] County, State of Montana
Judge: The Honorable [________________________________]
Cause Number: [____________________________]
Department: [____]

CASE CAPTION

[________________________________]
Plaintiff(s),

v.

[________________________________]
Defendant(s).

PART I: CERTIFICATE OF SERVICE

I, [________________________________], hereby certify that on [__/__/____], I served a true and correct copy of the following document(s) on all parties or their counsel of record in this matter, by the method(s) identified below:

SCOPE GATE: This certificate addresses Rule 5 service of papers after the original complaint. Do not use the methods below as proof of service for a summons and original complaint, a subpoena, or another paper governed by a different service rule. If a represented party is being served under Rule 5, serve the attorney unless the court orders service on the party.

Document(s) Served

☐ Answer to Complaint
☐ Motion and Brief in Support
☐ Motion for Summary Judgment
☐ Response Brief / Brief in Opposition
☐ Reply Brief
☐ Amended Complaint
☐ Counterclaim / Cross-Claim
☐ Interrogatories (M. R. Civ. P. 33)
☐ Requests for Production of Documents (M. R. Civ. P. 34)
☐ Requests for Admission (M. R. Civ. P. 36)
☐ Discovery Responses
☐ Notice of Deposition (M. R. Civ. P. 30)
☐ Proposed Order / Judgment
☐ Notice of Hearing / Notice of Trial
☐ Affidavit / Declaration
☐ Exhibit(s): [________________________________]
☐ Stipulation
☐ Other: [________________________________]

PART II: PARTIES SERVED

Party / Attorney 1

Name: [________________________________]
Role: ☐ Attorney for Plaintiff ☐ Attorney for Defendant ☐ Self-Represented Party ☐ Other: [____________]
Firm Name: [________________________________]
Mailing Address: [________________________________]
City, State, ZIP: [________________________________]
Email Address: [________________________________]
Fax Number: [________________________________]
Montana Bar Number: [____]

Party / Attorney 2

Name: [________________________________]
Role: ☐ Attorney for Plaintiff ☐ Attorney for Defendant ☐ Self-Represented Party ☐ Other: [____________]
Firm Name: [________________________________]
Mailing Address: [________________________________]
City, State, ZIP: [________________________________]
Email Address: [________________________________]
Fax Number: [________________________________]
Montana Bar Number: [____]

Party / Attorney 3

Name: [________________________________]
Role: ☐ Attorney for Plaintiff ☐ Attorney for Defendant ☐ Self-Represented Party ☐ Other: [____________]
Firm Name: [________________________________]
Mailing Address: [________________________________]
City, State, ZIP: [________________________________]
Email Address: [________________________________]
Fax Number: [________________________________]
Montana Bar Number: [____]

(Attach additional sheet for additional parties.)

PART III: METHOD OF SERVICE

Select ALL methods used. Complete the applicable declaration sections in Parts V and VI.

A. Personal Delivery / Hand Delivery (M. R. Civ. P. 5(b)(2)(A)-(B))

☐ Personal Delivery — I personally delivered a copy of the document(s) to the party or the party's attorney, as follows:

☐ Delivered directly to the attorney or party in person
☐ Left a copy at the attorney's office with the attorney's clerk, receptionist, or secretary
☐ Left a copy at the party's usual place of abode with a person of suitable age residing therein (for a party not represented by an attorney)

Name of Person Who Received: [________________________________]
Capacity: [________________________________]
Location: [________________________________]
Date: [__/__/____]
Time: [____] ☐ AM ☐ PM

M. R. Civ. P. 5(b)(1): Service by personal delivery is complete upon delivery. No additional days are added to response periods triggered by personal service.

B. Service by United States Mail (M. R. Civ. P. 5(b)(2)(C))

☐ U.S. First-Class Mail — I served the document(s) by depositing a true and correct copy in a sealed, postage-prepaid envelope in the United States Mail:

Mailing Address Used: [________________________________]
City, State, ZIP: [________________________________]
Date Mailed: [__/__/____]
Post Office / Mailing Location (city, state): [________________________________]

Montana Mail Extension — M. R. Civ. P. 6(d): When a party must respond or act within a period triggered by service by mail, 3 additional days are added after the period would otherwise expire under Rule 6(a).

C. Service by Electronic Mail (M. R. Civ. P. 5(b)(2)(E))

☐ Electronic Mail (Email) — I served the document(s) by transmitting a copy to the email address of the attorney or party by written consent or by court order authorizing email service.

Recipient Email Address: [________________________________]
Date of Transmission: [__/__/____]
Time of Transmission: [____] ☐ AM ☐ PM

Basis for Email Service:
☐ Recipient has consented in writing to email service
☐ Recipient is a registered user of the Montana Odyssey e-filing system (automatic service)
☐ Court order authorizing email service (Order dated: [__/__/____])

Montana Email Service Note: Under Montana's Rules of Civil Procedure (aligning with 2015 FRCP amendments), electronic service by email is authorized when the recipient consents or when service is made through the court's electronic filing system. Absent consent or system registration, conventional service (mail or personal delivery) is required.

D. Service by Facsimile

☐ Facsimile Transmission — I served the document(s) by transmitting a copy via facsimile, with the consent of the recipient:

Recipient Fax Number: [________________________________]
Date of Transmission: [__/__/____]
Time of Transmission: [____] ☐ AM ☐ PM
Pages Transmitted (including cover): [____]
Confirmation Number: [________________________________]

Basis for Fax Service:
☐ Recipient has consented to fax service in writing

E. Service through Montana Odyssey E-Filing System

☐ Montana Electronic Filing System — After checking the current statewide and local e-filing rules for this court and case type, the above document(s) were filed electronically and the system receipt identifies the following recipients as electronically served.

Names Served through Odyssey: [________________________________]
Date/Time of Odyssey Filing: [__/__/____] at [____] ☐ AM ☐ PM (Mountain Time)
Odyssey Confirmation / Envelope Number: [________________________________]

Electronic-filing gate: A filing receipt does not establish service on a recipient whom the governing rule or system receipt does not identify as served. Retain the receipt, verify every listed recipient, and separately use an authorized Rule 5 method for everyone not covered.

Non-Odyssey Registered Parties Served Separately:
☐ All parties are registered Odyssey users
☐ The following parties were served separately:
Party Name: [________________________________]
Method of Separate Service: [________________________________]
Date of Separate Service: [__/__/____]

F. Service by Overnight Delivery

☐ Overnight Courier (M. R. Civ. P. 5(b)(2)(F)) — With the recipient's written consent to this means and designated delivery agency, I caused the document(s) to be delivered to the following overnight service:

Courier Service: [________________________________]
Tracking Number: [________________________________]
Date Deposited: [__/__/____]
Delivery Address: [________________________________]

PART IV: SERVICE ON SELF-REPRESENTED (PRO SE) PARTIES

Self-Represented Party Name: [________________________________]
Address on Court Record: [________________________________]
City, State, ZIP: [________________________________]

Method of Service on Self-Represented Party:
☐ U.S. First-Class Mail to last known address (+3 days added to response periods under Rule 6(d))
☐ Personal delivery
☐ Left at party's dwelling with a person of suitable age residing therein
☐ Odyssey system (only if pro se party is registered)
☐ Email (only with written consent or court order)
☐ Other: [________________________________]

Montana Practice Note — M. R. Civ. P. 5(b): Service on a party not represented by an attorney must be made upon the party at their last known address. Montana is a sparsely populated state with significant rural areas; mail service is the most common method for reaching self-represented parties in remote locations. Attorneys should verify addresses from the court record and consider sending service with delivery confirmation when serving parties in rural areas.

PART V: DECLARATION OF SERVICE BY MAIL

(Complete if any service was by U.S. Mail.)

I, [________________________________], certify that the following service record is true and correct:

I am over the age of 18 and am not a party to the above-captioned action. My address is:

[________________________________]
[________________________________]
[________________________________]

On [__/__/____], I served the document(s) identified in Part I above by placing a true and correct copy thereof in a sealed envelope, with first-class U.S. postage fully prepaid, addressed to each person listed in Part II of this Certificate, and deposited the same in the United States Mail at [________________________________] (city and state).

Declarant Printed Name: [________________________________]
Declarant Signature: [________________________________]
Date: [__/__/____]

PART VI: DECLARATION OF ELECTRONIC SERVICE

(Complete if service was through Odyssey or by email.)

I, [________________________________], certify that the following electronic-service record is true and correct:

On [__/__/____] at [____] ☐ AM ☐ PM (Mountain Time), I served the document(s) identified in Part I above by electronic means:

☐ Odyssey E-Filing: I filed the document(s) through the Montana Odyssey e-filing system. The system generated electronic service (Notice of Electronic Filing) to the registered users listed in Part III.E. Filing was confirmed with Odyssey envelope/confirmation number: [________________________________].

☐ Email Transmission: I transmitted the document(s) by email to the address(es) in Part III.C above. Service was authorized by: ☐ Written consent of recipient ☐ Court order dated [__/__/____].

I received no error or notification indicating any electronic transmission was unsuccessful. If I receive notice of a failed transmission, I will promptly re-serve by an alternative authorized method.

Declarant Printed Name: [________________________________]
Declarant Signature: [________________________________]
Date: [__/__/____]

PART VII: MONTANA PROCEDURAL NOTES AND RULES REFERENCE

7.1 M. R. Civ. P. 5(a) — Scope of Service Requirement

Under Montana's Rule 5(a), every pleading subsequent to the original complaint, every written motion (except ex parte applications), every written notice, appearance, demand, offer of judgment, and similar paper must be served upon each party. Service upon an attorney of record is service upon the party the attorney represents, unless the court orders otherwise.

7.2 M. R. Civ. P. 5(b) — Methods of Service

Montana's Rule 5(b) authorizes service by:

• Handing the paper to the person, or leaving it at the person's office or qualifying dwelling as Rule 5(b)(2)(B) provides
• Mailing it to the person's last known address, complete upon mailing
• Leaving it with the court clerk if the person has no known address
• Sending it by electronic means with the person's written consent, complete upon transmission unless the serving party learns it did not arrive
• Using another delivery means with the person's written consent, complete when the paper is delivered to the designated person or agency

7.3 M. R. Civ. P. 5(d) — Filing and Certificate of Service

Any paper after the complaint that is required to be served must be filed within a reasonable time after service together with a certificate of service. Rule 5(d)(1) also says the listed discovery requests and responses must not be filed until used in the proceeding, ordered at the Rule 16 conference, or otherwise ordered filed. Use the current court-approved certificate format and local rules for any required details; Rule 5(d)(1) itself does not prescribe a three-item certificate form.

7.4 M. R. Civ. P. 6 — Computing Time

Apply the current Montana rule rather than a federal time-computation shortcut:

• Day zero: The triggering day is not counted (Rule 6(a)(1)(A)).
• All days counted: Count every day, including intermediate Saturdays, Sundays, and legal holidays (Rule 6(a)(1)(B)).
• Last day falls on holiday: Period extends to the next non-holiday, non-weekend day (Rule 6(a)(1)(C)).
• Mail extension (Rule 6(d)): When a party must respond within a period triggered by service by mail, add 3 days to the period.
• Other Rule 5 service: Rule 6(d) also adds 3 days for service under Rule 5(b)(2)(D), (E), or (F), including consent-based electronic and other delivery methods.

7.5 Electronic-Filing Verification

Before relying on an electronic filing as service, identify the current statewide order, local rule, and system instructions for the court and case type; confirm each recipient's enrollment and service status on the system receipt; preserve the receipt and any failure notice; separately serve uncovered recipients; and determine whether Rule 6(d) adds 3 days based on the authorized Rule 5 method.

7.6 Montana-Specific Practice Considerations

Rural court considerations: Many Montana counties have courthouses that are open limited hours or in remote locations. Mail service is extremely common. When computing deadlines, account for potential mail delays in rural Montana post offices.

Time zone: Montana is in the Mountain Time Zone (MST/MDT). When computing electronic service deadlines, all times are Mountain Time.

Judicial districts: Montana has 22 judicial districts serving 56 counties. Practice and local rules may vary. Check the specific district court's local rules before filing.

Tribal courts: Montana has several tribal court systems on reservations within the state. Service on parties in tribal court proceedings follows tribal court rules; M. R. Civ. P. 5 applies only to Montana state court proceedings.

7.7 Montana Certificate of Service — Proof vs. Certificate

M. R. Civ. P. 5(d)(1) requires a certificate of service with a served paper that must be filed. Confirm the signer, contents, format, and any separate proof requirement under the current court form, local rule, order, and electronic-filing instructions rather than treating this worksheet as an approved certificate.

PART VIII: SIGNATURE BLOCK

I certify that the foregoing service record is true and correct and that service was effected as described herein.

Executed on: [__/__/____]

Signature: [________________________________]

Printed Name: [________________________________]

Montana Bar Number: [____]

Firm Name: [________________________________]

Mailing Address: [________________________________]

City, State, ZIP: [________________________________]

Telephone: ([____]) [____]-[________]

Facsimile: ([____]) [____]-[________]

Email Address: [________________________________]

Capacity:
☐ Attorney for Plaintiff [________________________________]
☐ Attorney for Defendant [________________________________]
☐ Attorney for Third-Party [________________________________]
☐ Self-Represented Party

APPENDIX: MONTANA SERVICE METHODS — QUICK REFERENCE

Sources: Montana Rules of Civil Procedure (archive.legmt.gov; Montana Judicial Branch); Montana Odyssey E-Filing System (courts.mt.gov). Template last updated: 2026-03-06. This template does not constitute legal advice.