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Current as of January 01, 2024 | Updated by Findlaw Staff
(1) Except as otherwise provided in this part, service of process must be made as provided in the Montana Rules of Civil Procedure.
(2) If a person cannot be served personally or by certified mail, the person may be served by publication as provided in 40-6-1003. Publication constitutes conclusive evidence of service, and a hearing must then proceed at the time and date set, with or without the appearance of the person served by publication. During or after the hearing, the court may issue an order that will adjudicate the interests of the person served by publication.
(3) If the parent cannot be found prior to the hearings allowed by 40-6-1001, the court may grant the petition as filed or may order the person filing the petition to continue to attempt to locate the person whose parental rights are subject to termination through service by publication.
Cite this article: FindLaw.com - Montana Title 40. Family Law § 40-6-1002. Service of process--service by publication--effect - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-40-family-law/mt-st-40-6-1002/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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