Title 25, Title 25

(1) Except as provided in subsection (2), a person who makes more than 10 services of process, as defined in 25-3-101, within this state during 1 calendar year must be registered under Title 37, chapter 60. A process server who holds a valid certificate of registration from a cle…

The certificate of registration of a process server must contain the following statements: (1) the name, age, address, and telephone number of the registrant; (2) that the registrant has not been convicted of a felony; (3) that the registrant has been a resident of this state for…

(1) The department of labor and industry shall publish a handbook for process servers and levying officers. (2) The department of labor and industry shall develop and administer an examination for applicants for registration as a process server based on the handbook. (3) The depa…

A proof of service of process signed by a registered process server must include the process server's registration number.

(1) After completing the requirements in Title 37, chapter 60, for registration, a process server shall provide the department of labor and industry with proof of a surety bond of $10,000 for an individual or $100,000 for a firm, conditioned upon compliance with this part, all la…

(1) Any person who recovers damages for an injury caused by a service of process, made by a registered process server, that did not comply with the law governing service of process in this state may recover the amount of damages from the bond required under 25-1-1111. (2) If ther…

(1) The clerk of district court shall collect the following fees: (a) at the commencement of each action or proceeding, except a petition for dissolution of marriage, from the plaintiff or petitioner, $90; for filing a complaint in intervention, from the intervenor, $80; for fili…

(1) In addition to other filing fees, the following fees must be paid to the clerk of the district court at the time of filing a civil action in the district court: (a) a fee of $20; and (b) if the action is brought pursuant to 40-6-701, in addition to the fee required under subs…

Subject to Rule 6(b), M.R.Civ.P., whenever this code requires or allows an act to be done at or within a specified time, which act relates to the pleadings in the action, the undertakings to be filed, the justification of sureties, the preparation of statements or of amendments t…

In all cases in which an undertaking or bond with sureties is required by the provisions of this code, the plaintiff or defendant may deposit with the clerk of the court, justice of the peace, or city judge, as appropriate, a sum of money equal to the amount required by the under…

In any civil action or proceeding in which the state, a county, or a municipal corporation or any officer in the officer's official capacity on behalf of the state or a county, city, or town is a party plaintiff or defendant, a bond, undertaking, or security may not be required o…

When a department or board of this state initiates or intervenes in an action in any court, a copy of the complaint, counterclaim, or cross-claim must be served on the attorney general.

(1) If the state or a department, officer, or board of the state appeals from a judgment or order entered in any court or files a petition for a writ seeking review of a matter in any appellate court, the attorney representing the state, department, officer, or board shall notify…

The proper place of trial (venue) of a civil action is in the county or counties designated in this part.

The designation of a county in this part as a proper place of trial is not jurisdictional and does not prohibit the trial of any cause in any court of this state having jurisdiction.

The designation in this part of a proper place of trial does not affect the power of a court to change the place of a trial for the reasons stated in 25-2-201(2) or (3), or pursuant to an agreement of the parties as provided in 25-2-202.

If an action is brought in a county not designated as the proper place of trial, a defendant may move for a change of place of trial to a designated county.

If this part designates more than one county as a proper place of trial for any action, an action brought in any such county is brought in a proper county and no motion may be granted to change the place of trial upon the ground that the action is not brought in a proper county u…

In an action involving two or more claims for which this part designates more than one as a proper place of trial, a party entitled to a change of place of trial on any claim is entitled to a change of place of trial on the entire action, subject to the power of the court to sepa…

If there are two or more defendants in an action, a county that is a proper place of trial for any defendant is proper for all defendants, subject to the power of the court to order separate trials under Rule 42(b) of the Montana Rules of Civil Procedure. If an action with two or…

(1) Except as provided in 25-2-127 and subsection (3) of this section, the proper place of trial for all civil actions is the county in which the defendants or any of them reside at the commencement of the action. (2) If none of the defendants reside in the state, the proper plac…

(1) The proper place of trial for actions upon contracts is either: (a) the county in which the defendants, or any of them, reside at the commencement of the action; or (b) the county in which the contract was to be performed. The county in which the contract was to be performed …

(1) Except as provided in subsections (2) through (4), the proper place of trial for a tort action is: (a) the county in which the defendants or any of them reside at the commencement of the action; or (b) the county in which the tort was committed. If the tort is interrelated wi…

(1) The proper place of trial for the following actions is the county in which the subject of the action or some part thereof is situated: (a) for the recovery of real property or of an estate or an interest therein or for the determination, in any form, of such right or interest…

The proper place of trial for the recovery of a penalty or forfeiture imposed by statute is the county where the cause or some part thereof arose, except that when it is imposed for an offense committed on a lake, river, or other stream of water situated in two or more counties, …

Except as provided in 25-2-127, the proper place of trial for an action against a public officer or person specially appointed to execute the officer's duties for an act done by the officer or person in virtue of the office or against a person who, by the officer's or person's co…

(1) Except as provided in 25-2-127 and subsection (2) of this section, the proper place of trial for an action against the state is in the county in which the claim arose or in Lewis and Clark County. In an action against the state brought by a resident of the state, the county o…

(1) The proper place of trial for an action that challenges a statute or session law enacted or amended within the legislative biennium is in a county that is wholly or partially within the legislative district of the primary sponsor of the bill that enacted or amended the statut…

The provisions of this part do not repeal, by implication or otherwise, specific statutes not within this part, designating a proper place of trial, whether or not such a designation is called venue or proper place of trial.

The court or judge shall, on motion, change the place of trial in the following cases: (1) when the county designated in the complaint is not the proper county; (2) when there is reason to believe that an impartial trial cannot be had in the current place of trial; (3) when the c…

All the parties to an action, by stipulation or by consent in open court entered in the minutes, may agree that the place of trial may be changed to any county in the state. Thereupon the court must order the change as agreed upon.

When an order is made transferring an action or proceeding for trial, the clerk of the court must transmit the pleading and papers therein to the clerk of the court to which it is transferred.

The court to which an action or proceeding is transferred has and exercises over the same the like jurisdiction as if it had been originally commenced therein.

When an action or proceeding affecting the title to or possession of real estate has been brought in or transferred to any court of a county other than the county in which the real estate or some portion of the real estate is situated, the clerk of the court shall, after final ju…

As used in parts 2 and 3 of this chapter, the following definitions apply: (1) "Notice" includes all papers and orders (except process) required to be served in any proceeding before any court, board, or officer or required by law to be served independently of such proceeding. (2…

(1) A process server registered under Title 37, chapter 60, a licensed attorney, or a sheriff, constable, coroner, elisor, or other government employee who is acting in the course of the person's employment while serving process is a public servant for the purpose of determining …

A plaintiff in a medical malpractice action shall accomplish service within 6 months after filing the complaint. If the plaintiff fails to do so, the court, on motion or on its own initiative, shall dismiss the action without prejudice unless the defendant has made an appearance.

Except as provided in 25-3-106, a plaintiff shall make service of process no later than 2 years after filing the complaint. If the plaintiff fails to do so, the court, on motion or on its own initiative, shall dismiss the action without prejudice unless the defendant has made an …

(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 who…

A sheriff, registered process server, or other ministerial officer is justified in the execution of and must execute all process and orders regular on their face and issued by competent authority, whatever may be the defect in the proceedings upon which they were issued.

An officer or registered process server receiving papers for service may not be required to serve papers for service unless the person on whose behalf the service is made or that person's agent or attorney first pays the cost of the service upon a demand by the officer or registe…

The officer or registered process server executing a service of process shall display the service of process, all attached papers, and an identification card upon request by an interested party at any time during execution of the service of process.

When the sheriff is a party to an action or proceeding, the process and orders therein which it would otherwise be the duty of the sheriff to execute must be executed by the coroner of the county or a registered process server.

(1) Process or orders in an action or proceeding may be executed by a person residing in the county, designated by the court or a judge, and denominated an elisor in the following cases: (a) The sheriff and coroner are both parties. (b) Either of these officers is a party, and th…

(1) The sheriff or other person serving a summons or other process or order required by any of the provisions of law, issued for any of the courts of this state, shall make due and legal return of the service and file the return with the clerk of the court in which the action or …

The return of the sheriff or registered process server upon process or notices is prima facie evidence of the proof of the process or notices having been served as stated.