Montana Subpoena Form
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What are the rules for serving papers in Montana?
Remember: you must serve the other party where they are located. If the other party lives out-of-state, you must hire an out-of-state process server. If the other party agrees to accept and acknowledge service in your case, you may be able to serve the papers by mail.
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How to serve the state of Montana?
(l) Serving the State. The state, as well as any state board or agency, must be served by delivering a copy of the summons and complaint to the attorney general and any other party prescribed by statute.
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What is the difference between a subpoena and subpoena Ducestecum?
A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.
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How do you draft a subpoena?
Here's how: Complete the subpoena form. Prepare a declaration under penalty of perjury. Briefly describe the documents you need and why they are necessary to prove issues involved in the case. ... Have a subpoena issued by the small claims clerk.
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How to serve a subpoena in Montana?
(2) Service of a subpoena must be made by delivering a copy of the subpoena to the person named and, if ordered by the court, by tendering to those residing outside the county of trial the fee for 1 day's attendance and the mileage allowed by law.
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How far in advance must a subpoena be served federally?
Serve the Notice. If it is delivered in person, it must be served at least 10 days before the court date; For a Notice to Attend AND Bring Documents: You must have it served by mail at least 25 days before the court date. If it is delivered in person, it must be served at least 20 days before the court date.
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