Mont. Just. & City Ct. R. Civ. P. 5

A. WHEN MADE.

Whenever a pleading permitted by Rule 7 is filed and served, the party served shall file

and serve any further written pleading within 20 days, unless otherwise provided by law,

after service unless the time period is extended pursuant to Rule 6B, M.J.R.Civ.P. The

party served may file a written pleading after 20 days if no default has been entered. All

original pleadings and other papers must be filed with the court. A copy must be served

on all other parties or their attorneys as provided below.

B. HOW MADE.

(1) Whenever under these rules service is required or permitted to be made upon a

party represented by an attorney, the service must be made upon the attorney unless

service upon the party personally is ordered by the judge.

(2) Service must be made by delivering a copy to the attorney, or to the party if not

represented by an attorney.

(a) Delivery of a copy to an attorney within this rule means:

(i) handing it to the attorney;

(ii) leaving it at the attorney's office with a person in charge;

(iii) if there is no one in charge, leaving it in a conspicuous place in

the attorney's office; or

(iv) by mail directed to the attorney's last known address.

(b) Delivery of a copy to a party within this rule means:

(i) handing it to the party; or

(ii) by leaving it at the party's place of residence with a person of

suitable age and discretion who resides there; or

(iii) by mail directed to the party's last known address.

(c) Service by mail is complete upon mailing.

C. PROOF OF SERVICE.

Proof of service must be made by an affidavit of the party or the party's attorney making

service, by the certificate of the attorney making service, or by an acknowledgment in

writing from the party or attorney served. The affidavit, certificate, or acknowledgment

must be filed with the court.