1. MCA Contents
  2. TITLE 25
  3. CHAPTER 3
  4. Part 2
  5. 25-3-201 Delivery of papers to officer

TITLE 25. CIVIL PROCEDURE

CHAPTER 3. SERVICE OF PROCESS AND OTHER PAPERS

Part 2. Service by an Officer

Delivery Of Papers To Officer

25-3-201. Delivery of papers to officer. (1) (a) It is the duty of a party in any civil action pending in a district court or the party's agent or attorney to forward by mail any process, summons, or other papers required in the cause.

(b) It is the duty of the sheriff, registered process server, or other officer to whom the process, summons, or papers described in subsection (1)(a) may be directed to receive the process, summons, or papers at the place where the documents are directed.

(2) If the papers are delivered for service away from the county seat, all necessary copies must be furnished for service.

(3) If a sheriff, registered process server, or other officer refuses to receive a summons or other process at the point where it was directed or refuses to serve the summons or process, the sheriff, registered process server, or other officer is guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding $100.

History: (1), (3)En. Secs. 1, 2, p. 7, L. 1881; re-en. Sec. 76, 1st Div. Comp. Stat. 1887; en. Sec. 640, C. Civ. Proc. 1895; re-en. Sec. 6523, Rev. C. 1907; re-en. Sec. 9120, R.C.M. 1921; re-en. Sec. 9120, R.C.M. 1935; Sec. 93-3016, R.C.M. 1947; (2)En. Sec. 4634, Pol. C. 1895; re-en. Sec. 3167, Rev. C. 1907; amd. Sec. 1, Ch. 111, L. 1919; re-en. Sec. 4916, R.C.M. 1921; amd. Sec. 1, Ch. 111, L. 1927; amd. Sec. 1, Ch. 89, L. 1929; amd. Sec. 1, Ch. 121, L. 1933; re-en. Sec. 4916, R.C.M. 1935; amd. Sec. 1, Ch. 139, L. 1937; amd. Sec. 4, Ch. 121, L. 1941; amd. Sec. 2, Ch. 59, L. 1949; amd. Sec. 2, Ch. 82, L. 1957; amd. Sec. 1, Ch. 343, L. 1975; amd. Sec. 8, Ch. 439, L. 1975; Sec. 25-226, R.C.M. 1947; R.C.M. 1947, 25-226(part), 93-3016(part); amd. Sec. 83, Ch. 575, L. 1981; amd. Sec. 10, Ch. 548, L. 1987; amd. Sec. 8, Ch. 405, L. 2007.