Q: Do I need to mail parenting plan documents to respondent or attorney's office in MT?
I am involved in a family law case concerning a parenting plan initially established in California, now active in Montana. I attempted to serve documents via the sheriff's office, but the respondent's attorney claims they're authorized to accept service. I have filed an affidavit of non-service and petitioned for service via publication. Am I required to mail a copy directly to the respondent, and should I also attempt mail service to the attorney's office?
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A:
If the respondent has an attorney who has stated they are authorized to accept service, you generally don’t need to serve the respondent directly. In Montana, once an attorney appears in a case and agrees to accept service, that typically becomes the appropriate point of contact for legal documents. You should send the documents to the attorney’s office rather than to the respondent’s personal address.
Since you’ve already filed an affidavit of non-service and are pursuing service by publication, that suggests standard methods haven’t worked. But before moving forward with publication, courts usually expect you to exhaust all reasonable alternatives—including mailing a copy to the respondent or their attorney, if that’s possible. Mailing a copy to the attorney can show good faith effort and help avoid delays or challenges down the line.
Double-check the attorney’s written acknowledgment or court filings where they agree to accept service. If that’s clear, you can go ahead and mail the documents to their office. Still, it’s smart to follow up with the court to confirm that your service method complies with Montana’s procedural rules. Every step you take now helps ensure your case doesn’t get derailed later.
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