Mont. Code Ann. » TITLE 70. PROPERTY · CHAPTER 27. FORCIBLE ENTRY AND DETAINER UNLAWFUL DETAINER · Part 1. Definitions and Preliminary Procedure
Montana Code Annotated

Mont. Code Ann. § 70-27-114 (2026)

Summons -- Contents -- Service

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  1. MCA Contents
  2. TITLE 70
  3. CHAPTER 27
  4. Part 1
  5. 70-27-114 Summons -- contents -- service

TITLE 70. PROPERTY

CHAPTER 27. FORCIBLE ENTRY AND DETAINER UNLAWFUL DETAINER

Part 1. Definitions and Preliminary Procedure

Summons -- Contents -- Service

70-27-114. Summons -- contents -- service. (1) The summons must:

(a) state the parties to the proceeding, the court in which the proceeding is brought, the nature of the action in concise terms, and the relief sought; and

(b) notify the defendant to appear and answer within 10 days of service and that the relief sought will be taken against the defendant if the defendant does not appear.

(2) The summons must be directed to the defendant and must be served and returned in the same manner as a summons in civil actions is served and returned.

(3) The summons must be served personally upon the defendant if the defendant can be found with due diligence within the state, or if the defendant cannot be found with due diligence within the state, the summons must be served in the same manner as notices are required to be served in 70-27-110.

(4) Upon the return of a summons issued under this chapter that was not served or not served in time, the plaintiff may have a new summons issued, as if no previous summons had been issued.

History: En. Secs. 2087, 2088, C. Civ. Proc. 1895; re-en. Secs. 7276, 7277, Rev. C. 1907; re-en. Secs. 9894, 9895, R.C.M. 1921; Cal. C. Civ. Proc. Secs. 1166, 1167; re-en. Secs. 9894, 9895, R.C.M. 1935; R.C.M. 1947, 93-9708(part), 93-9709; amd. Sec. 1, Ch. 303, L. 1979; amd. Sec. 2, Ch. 231, L. 1999.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2002–2025 · leading case: Weter v. Archambault, 2002 MT 336, 61 P.3d 771.
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Weter v. Archambault, 2002 MT 336, 61 P.3d 771. · cites it 4× “¶ 36 Unlawful detainer claims require adherence to the requirements set forth in §§ 70-27-101 through 212, MCA, including *779 the service requirements set forth in § 70-27-114, MCA. There is no evidence in the record that Weter pursued a cause of action pursuant to the…”
HomeRiver v. Anders Bus., 2025 MT 154N. · cites it 2× “In accordance with § 70-27-114, MCA, the summons served with the verified complaint notified ABS that it was required to file an answer within ten days and that failure to appear or answer would result in default judgment.”
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