Affidavit of Service - Montana

AFFIDAVIT OF SERVICE

State of Montana

IN THE [________________________________] JUDICIAL DISTRICT COURT

[________________________________] COUNTY, MONTANA

Cause No.: [________________________________]
Dept. No.: [________________________________]

[________________________________],
Plaintiff(s),

v.

[________________________________],
Defendant(s).

AFFIDAVIT OF SERVICE

(Pursuant to Mont. R. Civ. P. Rule 4D and Mont. Code Ann. §§ 25-1-1101 et seq.)

SECTION 1: AFFIANT INFORMATION

I, [________________________________], being first duly sworn, state under oath as follows:

1. Full Legal Name: [________________________________]

2. Business Address: [________________________________]

3. City, State, ZIP: [________________________________]

4. Telephone: [________________________________]

5. Email (optional): [________________________________]

6. Capacity (check one):

☐ Sheriff of [________________________________] County, Montana

☐ Deputy Sheriff of [________________________________] County, Montana

☐ Constable

☐ Registered Process Server — Registration No.: [________________________________] (Mont. Code Ann. § 37-60-301)

☐ Person over 18 years of age, not a party to the action (Mont. R. Civ. P. Rule 4D(1)(a)) — serving 10 or fewer services this calendar year

☐ Person specially appointed by the court for service (Order dated [__/__/____])

☐ Plaintiff or plaintiff's attorney (for mail service with acknowledgment under Rule 4D(1)(b))

☐ Other authorized person: [________________________________]

7. I am at least 18 years of age, competent to testify, and not a party to this action, as required by Mont. R. Civ. P. Rule 4D(1)(a).

8. I have personal knowledge of the facts stated herein.

Qualification Note: Under Mont. R. Civ. P. Rule 4D(1)(a), process may be served by the sheriff, a deputy sheriff, a constable, or any other person over the age of 18 who is not a party to the action. Under Mont. Code Ann. § 25-1-1101, any person who makes more than 10 services of process within Montana during one calendar year must be registered as a process server under Title 37, Chapter 60, and must maintain a surety bond of $10,000 per individual or $100,000 per firm (Mont. Code Ann. § 25-1-1111). Registered process servers must include their registration number on all proofs of service (Mont. Code Ann. § 25-1-1107).

SECTION 2: DOCUMENTS SERVED

The following documents (collectively, the "Documents") were served:

☐ Summons

☐ Complaint

☐ Amended Complaint

☐ Subpoena

☐ Subpoena Duces Tecum

☐ Motion for [________________________________]

☐ Order of Court dated [__/__/____]

☐ Notice of Hearing dated [__/__/____]

☐ Writ of [________________________________]

☐ Petition for [________________________________]

☐ Temporary Restraining Order / Protective Order

☐ Other: [________________________________]

☐ Other: [________________________________]

Total number of pages served: [____]

SECTION 3: DATE, TIME, AND LOCATION OF SERVICE

Date of service: [__/__/____]

Time of service: [____] ☐ a.m. ☐ p.m.

Address where service was made:

[________________________________]

City: [________________________________]

County: [________________________________]

State: Montana ZIP: [____]

Description of location (e.g., residence, business, public area):

[________________________________]

SECTION 4: PERSON SERVED

A. Identity of person served:

Name: [________________________________]

Relationship to party (check one):

☐ Defendant / Respondent personally

☐ Person of suitable age and discretion at defendant's dwelling (substitute service — Rule 4D(2)(a))

☐ Authorized agent of defendant

☐ Registered agent for corporate entity (filed with Montana Secretary of State)

☐ Officer of corporation (Rule 4D(2)(e))

☐ Director of corporation

☐ Managing agent of entity (Rule 4D(2)(e))

☐ General partner of partnership

☐ Member/Manager of LLC

☐ Person employed at the registered office or principal place of business

☐ Secretary of State of Montana (statutory agent — Rule 4D(4))

☐ Guardian of minor defendant age 14 or older (Rule 4D(2)(b))

☐ Parent / Guardian of minor defendant under 14 (Rule 4D(2)(c))

☐ Guardian / Conservator of incapacitated defendant (Rule 4D(2)(d))

☐ Other: [________________________________]

B. If served on person other than named defendant:

Name of person accepting service: [________________________________]

Relationship to defendant: [________________________________]

Approximate age: [____]

Title/Position (if corporate or entity service): [________________________________]

SECTION 5: METHOD OF SERVICE

(Check the applicable method and complete the corresponding subsection below.)

☐ A. PERSONAL SERVICE — Mont. R. Civ. P. Rule 4D(2)(a)

I personally delivered true and correct copies of the Documents directly into the hands of the person named in Section 4 above.

Statement: On [__/__/____] at [____] ☐ a.m. ☐ p.m., I located and personally served [________________________________] at [________________________________] by handing the Documents directly to the individual.

☐ The person acknowledged receipt of the Documents.

☐ The person refused to accept the Documents. I informed the person of the nature of the Documents and left them in the person's immediate presence/vicinity.

☐ B. SUBSTITUTE / ABODE SERVICE — Mont. R. Civ. P. Rule 4D(2)(a)

On [__/__/____] at [____] ☐ a.m. ☐ p.m., I left true and correct copies of the Documents at the defendant's dwelling house or usual place of abode located at:

Address: [________________________________]

City, State, ZIP: [________________________________]

with [________________________________], a person of suitable age and discretion then residing therein.

Relationship to defendant: [________________________________]

Approximate age of person accepting service: [____]

☐ I informed the person with whom the Documents were left of the general nature of the Documents.

Note: Under Mont. R. Civ. P. Rule 4D(2)(a), substitute service is accomplished by leaving copies at the individual's dwelling house or usual place of abode with a person of suitable age and discretion residing therein, or by delivering copies to an agent authorized by appointment or by law to receive service of process.

☐ C. SERVICE ON MINOR — Mont. R. Civ. P. Rule 4D(2)(b)-(c)

Minor age 14 or older (Rule 4D(2)(b)):

☐ I personally delivered copies to the minor defendant on [__/__/____] at [________________________________].

☐ I also left copies at the minor's dwelling with [________________________________], a suitable adult then residing therein.

Minor under age 14 (Rule 4D(2)(c)):

☐ I delivered copies to the minor's guardian or parent, [________________________________], on [__/__/____] at [________________________________].

☐ D. SERVICE ON INCAPACITATED PERSON — Mont. R. Civ. P. Rule 4D(2)(d)

I delivered copies to the guardian or conservator of the incapacitated defendant:

Name of guardian/conservator: [________________________________]

Date: [__/__/____] Time: [____] ☐ a.m. ☐ p.m.

Address where served: [________________________________]

☐ E. SERVICE ON CORPORATION, PARTNERSHIP, OR OTHER ENTITY — Mont. R. Civ. P. Rule 4D(2)(e)

I served the Documents on:

Name of entity: [________________________________]

Entity type: ☐ Corporation ☐ LLC ☐ Partnership ☐ Limited Partnership ☐ Other: [________________________________]

Name of person served: [________________________________]

Title/Position: [________________________________]

The person served is (check one):

☐ Officer of the corporation
☐ Director of the corporation
☐ Managing agent of the entity
☐ General partner
☐ Member or manager of LLC
☐ Registered agent filed with Montana Secretary of State
☐ Person employed at the registered office or principal place of business
☐ Other authorized representative: [________________________________]

Date: [__/__/____] Time: [____] ☐ a.m. ☐ p.m.

Address where served: [________________________________]

☐ F. SERVICE ON STATE OR GOVERNMENTAL ENTITY — Mont. R. Civ. P. Rule 4D(2)(f)-(g)

I delivered true and correct copies of the Documents to:

Entity served: [________________________________]

Person served: [________________________________]

Title: [________________________________]

The person served is (check one):

☐ Attorney General of Montana (for actions against the State)
☐ Governor of Montana
☐ County attorney of [________________________________] County
☐ Chief executive officer of municipal entity
☐ Clerk of governmental body
☐ Other designated official: [________________________________]

Date: [__/__/____] Time: [____] ☐ a.m. ☐ p.m.

Address where served: [________________________________]

☐ G. SERVICE BY MAIL WITH ACKNOWLEDGMENT — Mont. R. Civ. P. Rule 4D(1)(b)

On [__/__/____], I deposited true and correct copies of the Documents in the United States mail, first-class postage prepaid, together with a notice and acknowledgment of receipt form, addressed to:

Name: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Acknowledgment returned: ☐ Yes ☐ No

Date acknowledgment signed by defendant: [__/__/____]

☐ Signed acknowledgment is attached hereto as Exhibit [____].

☐ Acknowledgment was not returned within the required time. Personal service or other method will be pursued.

Note: Under Rule 4D(1)(b), service by first-class mail is effective only when the defendant signs and returns the acknowledgment form. If the acknowledgment is not returned, service is not complete and another method must be used.

☐ H. SERVICE THROUGH SECRETARY OF STATE — Mont. R. Civ. P. Rule 4D(4)

I effected service through the Montana Secretary of State as statutory agent pursuant to Rule 4D(4):

Name of party served: [________________________________]

Basis for Secretary of State service: [________________________________]

Affidavit filed with clerk of court: ☐ Yes — Date: [__/__/____]

Copies provided to Secretary of State: ☐ Affidavit ☐ Summons ☐ Complaint

Fee of $20 per defendant paid to Secretary of State: ☐ Yes

☐ Additional $20 for each additional address: ☐ Yes — Number of addresses: [____]

Note: Under Rule 4D(4), when the Secretary of State has been appointed or deemed by law to be appointed as agent for a person who cannot with due diligence be found or served personally within Montana, the party must file an affidavit with the court stating the facts showing the Secretary of State is such agent, together with the defendant's residence and last-known address.

☐ I. SERVICE BY PUBLICATION — Mont. R. Civ. P. Rule 4D(5)

Pursuant to the Court's Order dated [__/__/____] authorizing service by publication:

Name of newspaper: [________________________________]

County of publication: [________________________________]

Dates of publication:

• First publication: [__/__/____]
• Second publication: [__/__/____]
• Third publication: [__/__/____]

Note: Under Mont. R. Civ. P. Rule 4D(5)(d), service by publication must be made once each week for three successive weeks. Service by publication is available only when the defendant has a property interest within Montana, the action involves real property in Montana, or other statutory bases apply (Rule 4D(5)(a)).

☐ Court order authorizing publication is attached as Exhibit [____].

☐ Affidavit of publication from the newspaper (publisher's affidavit) is attached as Exhibit [____].

☐ A copy was also mailed to the defendant's last-known address on [__/__/____].

Note: An affidavit for publication is sufficient evidence of diligent inquiry if it recites the fact that diligent inquiry was made; the detailed facts need not be set forth.

☐ J. COURT-ORDERED ALTERNATIVE SERVICE

Pursuant to the Court's Order dated [__/__/____], I effected service by the following alternative method:

[________________________________]

[________________________________]

[________________________________]

☐ Copy of the Court's Order is attached as Exhibit [____].

SECTION 6: DESCRIPTION OF PERSON SERVED

Gender: [________________________________]

Approximate age: [____]

Height: [____]

Weight: [____]

Hair color: [________________________________]

Skin tone: [________________________________]

Glasses: ☐ Yes ☐ No

Facial hair: ☐ Yes ☐ No — Description: [________________________________]

Clothing worn at time of service: [________________________________]

Other distinguishing features: [________________________________]

SECTION 7: DUE DILIGENCE — PRIOR SERVICE ATTEMPTS

(Required for substitute, publication, Secretary of State, or alternative service methods.)

Service Attempt Log

Investigation Steps Taken

☐ Searched Montana Secretary of State Business Entity Search for registered agent

☐ Searched public records / property records for current address

☐ Searched Montana court records

☐ Contacted neighbors, landlord, or property management

☐ Contacted defendant's known employer

☐ Searched Montana Motor Vehicle Division records (if authorized)

☐ Searched social media / internet resources for current location

☐ Skip trace performed by: [________________________________]

☐ Other: [________________________________]

Narrative of due diligence efforts:

[________________________________]

[________________________________]

[________________________________]

SECTION 8: SERVICE FEES AND COSTS

SECTION 9: ADDITIONAL STATEMENTS

☐ Service was completed without incident.

☐ The person served made the following statements or took the following actions upon service:

[________________________________]

[________________________________]

☐ I was unable to effect service. See Section 7 for due diligence details and Non-Service Affidavit below.

NON-SERVICE AFFIDAVIT

(Complete ONLY if service was NOT accomplished.)

☐ I was unable to serve the Documents on [________________________________] despite diligent efforts described in Section 7.

Reason service could not be completed:

☐ Defendant could not be located at the address provided

☐ Defendant has moved from the address — forwarding address: [________________________________]

☐ Defendant is evading service

☐ Address is vacant or abandoned

☐ Mail acknowledgment not returned within required time

☐ No person of suitable age and discretion was present at the dwelling

☐ Remote location / inaccessible property

☐ Other: [________________________________]

SECTION 10: DECLARATION AND OATH

I, [________________________________], solemnly swear (or affirm) under penalty of perjury under the laws of the State of Montana that the foregoing statements are true and correct to the best of my knowledge, information, and belief.

I further state that service was performed in full compliance with Mont. R. Civ. P. Rule 4 and all applicable Montana statutes, court rules, and orders.

I understand that making a false statement under oath subjects me to penalties for perjury under Mont. Code Ann. § 45-7-201.

☐ If I am a registered process server, my registration number is included in this affidavit as required by Mont. Code Ann. § 25-1-1107.

SECTION 11: EXECUTION AND NOTARIZATION

Executed on this [____] day of [________________________________], 20[____].

________________________________________
Signature of Affiant

Printed Name: [________________________________]
Business Address: [________________________________]
Telephone: [________________________________]
Process Server Registration No. (if applicable): [________________________________]

NOTARY ACKNOWLEDGMENT

State of Montana )
) ss.
County of [________________________________] )

On this [____] day of [________________________________], 20[____], before me, the undersigned Notary Public for the State of Montana, personally appeared [________________________________], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the foregoing Affidavit of Service, and being duly sworn, stated that the contents thereof are true and correct.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

________________________________________
Notary Public for the State of Montana

Printed Name: [________________________________]
Residing at: [________________________________]
My Commission Expires: [__/__/____]

[NOTARY SEAL]

SECTION 12: ATTACHMENTS CHECKLIST

☐ Exhibit A — Signed Acknowledgment of Receipt (Mail Service — Rule 4D(1)(b))

☐ Exhibit B — Affidavit of Publication / Publisher's Affidavit

☐ Exhibit C — Court Order Authorizing Alternative Service or Service by Publication

☐ Exhibit D — Court Appointment Order for Special Process Server

☐ Exhibit E — Affidavit Filed with Clerk for Secretary of State Service

☐ Exhibit F — Photographs / GPS Records

☐ Exhibit G — Due Diligence / Skip Trace Documentation

☐ Exhibit H — Process Server Registration Certificate (if applicable)

☐ Exhibit I — Other: [________________________________]

SECTION 13: MONTANA-SPECIFIC PRACTICE NOTES

Who May Serve Process (Rule 4D(1)(a))

• Sheriff, deputy sheriff, or constable
• Any person over 18 years of age who is not a party to the action
• Persons making more than 10 services per calendar year must register as process servers under Mont. Code Ann. § 25-1-1101 and Title 37, Chapter 60
• Registered process servers must maintain a $10,000 surety bond (individual) or $100,000 (firm) per Mont. Code Ann. § 25-1-1111
• Registered process servers must pass a written examination based on the Handbook for Process Servers published by the Montana Department of Commerce
• Plaintiff or plaintiff's attorney may serve by first-class mail with acknowledgment form under Rule 4D(1)(b)

Methods of Service Summary

Time Limit for Service (Rule 4E(1))

• A plaintiff has 3 years after filing a complaint to have a summons issued and served
• This is significantly longer than most states
• However, unreasonable delay may still result in dismissal for failure to prosecute

Proof of Service Requirements (Rule 4D(7)-(8); MCA § 25-1-1107)

• Proof must state the time, date, place, and manner of service
• Acceptable forms: sheriff's certificate, process server's affidavit, publisher's affidavit, or written admission
• Registered process servers must include their registration number on proof of service
• Faxed or emailed documents carry the same weight as originals for service purposes (MCA § 25-3-501)

Service by Publication Requirements (Rule 4D(5))

• Court order required
• Publication once each week for 3 successive weeks
• Available only when defendant has property interest in Montana or action involves real property
• Affidavit for publication is sufficient if it recites that diligent inquiry was made — details not required
• Publisher's affidavit of publication must be filed with proof of service

Penalties

• Perjury: Mont. Code Ann. § 45-7-201 — felony offense
• Contempt of court for false affidavits
• Process server registration revocation for misconduct
• Civil liability for damages caused by improper service

SOURCES AND REFERENCES

• Mont. R. Civ. P. Rule 4 — Service of Process
• Mont. R. Civ. P. Rule 5 — Service of Pleadings and Other Papers
• Mont. Code Ann. §§ 25-1-1101 through 25-1-1111 — Process Server Registration
• Mont. Code Ann. § 25-3-501 — Service by Fax or Email
• Mont. Code Ann. § 37-60-301 — Process Server Registration Requirements
• Mont. Code Ann. § 45-7-201 — Perjury
• Montana Legislature: https://leg.mt.gov
• Montana Judicial Branch: https://courts.mt.gov
• Montana Secretary of State (Business Entity Search): https://sosmt.gov

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice and should not be used as a substitute for consultation with a qualified attorney licensed in Montana. All service of process must comply with the current Montana Rules of Civil Procedure and applicable statutes.