Mont. R. Civ. P. Form 18-A

A.B., Plaintiff,

vs.

C.D., Defendant.

Civil No. . . .

NOTICE OF A LAWSUIT AND REQUEST TO

ACKNOWLEDGE AND WAIVE SERVICE OF A

SUMMONS

To: (name of defendant—or if the defendant is a corporation, partnership or association name,

an officer or agent authorized to receive service):

Why are you getting this?

A lawsuit has been filed against you, or the entity you represent, in this court under the

number shown above. A copy of the complaint is attached.

This is not a summons, or an official notice from the court. It is a request that, to avoid

expenses, you acknowledge and waive formal service of a summons by signing and

returning the enclosed acknowledgment and waiver. To avoid these expenses, you mus t

return the signed acknowledgment and waiver within 21 days (42 days if you are the State

of Montana, a state agency, or a state officer or employee) from the date shown below,

which is the date this notice was sent. Two copies of the acknowledgment and waiver are

enclosed, along with a stamped, self-addressed envelope, or other prepaid means for

returning one copy. You may keep the other copy.

What happens next?

If you return the signed acknowledgment and waiver, I will file it with the court. The

action will then proceed as if you had been served on the date the waiver is filed, but no

summons will be served on you and you will have 21 days from the date you si gn the

acknowledgment and waiver (42 days if you are the State of Montana, a state agency, or a

state officer or employee sued in an official capacity) to answer the complaint.

If you do not return the signed acknowledgment and waiver within the time indicated, I

will arrange to have the summons and complaint served on you, and I will ask the court to

require you, or the entity you represent, to pay the expenses of making service.

Please read the enclosed statement about the duty to avoid unnecessary expenses.

I certify that this request is being sent to you on the date below.

Date: __________________ _________________________________________

Signature of the attorney or unrepresented party

_________________________________________

Printed name

_________________________________________

Relationship to entity or authority to receive service

_________________________________________

Address

________________________________________

E-mail address

_________________________________________

Telephone number

Comment: Both Form 18B and the “Duty to Avoid Unnecessary Expenses of Serving a

Summons” page should always accompany this form.