AFFIDAVIT OF SERVICE

State of Montana – [INSERT COUNTY] Judicial District Court

[PLAINTIFF] v. [DEFENDANT]

Case No. [_]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Operative Provisions (Statement of Service)
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation (Reserved)
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block

I. DOCUMENT HEADER

1. Title. This instrument is an Affidavit of Service (the “Affidavit”) executed pursuant to Mont. R. Civ. P. 4 and 5.
2. Parties.
   a. Affiant / Process Server: [LEGAL NAME], with an address of [ADDRESS], telephone [PHONE], and email [EMAIL].
   b. Served Party: [DEFENDANT NAME] or other individual identified in Section III-2 below.
3. Effective Date. This Affidavit is effective as of the date of notarization stated in Section X.
4. Jurisdiction. All acts described herein were performed within the State of Montana and are governed exclusively by Montana procedural law.

II. DEFINITIONS

For purposes of this Affidavit, the following capitalized terms shall have the meanings set forth below:

1. “Affiant” means the individual who personally effectuated service and who swears to the truthfulness of this Affidavit.
2. “Documents Served” means the legal pleadings or papers itemized in Section III-1(a).
3. “Date of Service” means the calendar date on which the Documents Served were delivered as described in Section III-1(b).
4. “Method of Service” means the legally authorized manner of service indicated in Section III-1(c) and defined under Mont. R. Civ. P. 4(d)–(e) and 5(b).
5. “Person Served” means the individual upon whom service was accomplished, whether the named party or a substitute recipient permitted under Mont. R. Civ. P. 4(e)(2).

[// GUIDANCE: Add additional defined terms only if needed for specialized service methods such as publication or electronic service.]

III. OPERATIVE PROVISIONS (STATEMENT OF SERVICE)

1. Service Details.
   a. Documents Served: [SUMMONS] | [COMPLAINT] | [NOTICE OF HEARING] | [OTHER: ____]
   b. Date & Time of Service: [MM/DD/YYYY] at [HH:MM a.m./p.m.]
   c. Method of Service (check one):
   • ☐ Personal delivery to the Defendant (Mont. R. Civ. P. 4(e)(1))
   • ☐ Substitute delivery at Defendant’s dwelling to a person of suitable age and discretion (Mont. R. Civ. P. 4(e)(2))
   • ☐ Certified mail, return receipt requested, with signed acknowledgment attached (Mont. R. Civ. P. 4(d)(3))
   • ☐ Service by publication pursuant to court order (Mont. R. Civ. P. 4(o)) – attach publication affidavit
   • ☐ Other court-authorized method: [DESCRIBE]
   d. Physical Address (or publication details): [STREET, CITY, STATE, ZIP / NEWSPAPER, COUNTY, PUBLICATION DATES]
   e. Person Served (if other than Defendant): [NAME], relationship to Defendant: [RELATIONSHIP], approximate age: [AGE], physical description: [BRIEF DESCRIPTION].
   f. Additional Observations: [OPTIONAL FIELD]
2. Compliance Statement. Affiant affirms that the Method of Service selected above is expressly authorized by Montana law and was completed within the three-year service period prescribed by Mont. R. Civ. P. 4(t).
3. Attachments Incorporated by Reference. The following exhibits are attached and form part of this Affidavit:
   • Exhibit A – Copy of Documents Served
   • Exhibit B – Signed postal return receipt / signed acknowledgment (if applicable)
   • Exhibit C – Publication affidavit and tear sheets (if applicable)

IV. REPRESENTATIONS & WARRANTIES

1. Capacity. Affiant is at least 18 years of age, is competent to testify, and is neither a party to this action nor an attorney for a party.
2. Authority. Affiant is legally authorized to perform service of process within the State of Montana pursuant to Mont. R. Civ. P. 4(c)(1).
3. Accuracy. All statements contained in this Affidavit are true and correct to the best of Affiant’s knowledge, information, and belief.
4. Compliance. Service was effected in full conformity with Mont. R. Civ. P. 4 and, where applicable, Mont. R. Civ. P. 5.
5. Survival. The representations and warranties set forth in this Section IV survive filing of this Affidavit and any related proceedings.

V. COVENANTS & RESTRICTIONS

1. Further Testimony. Affiant covenants to appear for testimony, whether by deposition, affidavit supplement, or in-person court appearance, if subpoenaed or otherwise legally required.
2. Record Retention. Affiant shall retain all contemporaneous notes, photographs, and GPS data (if any) relating to the service for not less than [2 YEARS] following the Date of Service.

VI. DEFAULT & REMEDIES

1. Perjury. Any intentional false statement herein subjects Affiant to penalties of perjury under Mont. Code Ann. § 45-7-201.
2. Contempt & Sanctions. A material breach of the covenants in Section V may result in contempt proceedings, monetary sanctions, or other remedies available under Montana law.

VII. RISK ALLOCATION (RESERVED)

[// GUIDANCE: Typical indemnification and liability caps are not applicable to a sworn affidavit and are therefore intentionally omitted.]

VIII. DISPUTE RESOLUTION

1. Governing Law. This Affidavit shall be construed in accordance with the laws and procedural rules of the State of Montana.
2. Forum Selection. Any dispute relating to the validity or veracity of this Affidavit shall be resolved exclusively in the state courts of the county identified in the caption above.
3. Arbitration; Jury Waiver. Not applicable.

IX. GENERAL PROVISIONS

1. Amendments. Clerical corrections may be made by filing a Supplemental Affidavit of Service referencing this original instrument.
2. Severability. If any provision of this Affidavit is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
3. Entire Statement. This Affidavit constitutes the complete statement of facts relating to the service of process described herein.
4. Counterparts / Electronic Signatures. This Affidavit may be executed in counterparts and by electronic signature, each of which shall be deemed an original.

X. EXECUTION BLOCK

I, [AFFIANT NAME], declare under penalty of perjury under the laws of the State of Montana that the foregoing is true and correct.

NOTARIZATION

State of Montana  )
: ss.
County of [___] )

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

Notary Public for the State of Montana
Printed Name: _____
Residing at: ____
My Commission Expires: _____

[// GUIDANCE: File the executed Affidavit with the court promptly after service—ideally within 10 days—to avoid disputes over timeliness. Verify county-specific filing procedures and any e-filing requirements.]