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24.5.303    SERVICE

(1) Except as provided below, the court serves the furnished copies of the petition, amended petition, or third-party petition upon adverse parties and others, as designated in the petitioner's or third-party petitioner's instructions, by mailing them from Helena, Montana, with first-class postage prepaid.

(a) The party filing the petition or third-party petition shall cause personal service of a summons and the petition or third-party petition upon the respondent or third-party respondent in accordance with the provisions of the Montana Rules of Civil Procedure regarding service of summons and complaint if the respondent or third-party respondent is an entity other than a Montana state agency, insurer doing business in Montana, self-insurer, insurance guarantee fund, or insurer qualified to do business in Montana at the time of an alleged injury or occupational disease and its successors and predecessors.

(b) If the matter involves a third-party respondent, service must include all pleadings and orders filed in the case to date.

(c) Time lines for service, return of service, and response must be in accordance with the rules of the Workers' Compensation Court or as ordered by the Workers' Compensation Court.

(d) The petitioner or third-party petitioner is responsible for providing correct names and addresses of all parties to be served by the court.

(2) All pleadings subsequent to the original petition, every written motion, and any other document described in M. R. Civ. P. 5 must be accompanied by proof of service as provided in M. R. Civ. P. 5 when submitted to the court. Service by mail is complete on mailing; a document is deemed served on the date as shown on the proof of service.

(3) Unless the court specifically orders otherwise, filing with the court may be accomplished by mail addressed to the clerk, with such filing deemed complete upon receipt by the court.

(4) The court accepts fax and electronic filings, but an original signature page of any document filed by fax or electronic means must be filed with the court within the time set forth in ARM 24.5.320; otherwise the filing is void. The signature of an attorney or party on any fax or electronic filing carries the same representations and consequences, as a signature on an original filing. Electronic filings must be in Portable Document Format (PDF).

(5) Every pleading, motion, or other paper of a party represented by an attorney must be signed by at least one attorney of record in the attorney's individual name, and must state the attorney's address, phone number, fax number, and e-mail address. A party who is not represented by an attorney shall sign the pleading, motion, or other paper and state the party's address, phone number, fax number, and e-mail address, if available. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. The signature of an attorney or party constitutes a certification that the party has read the pleading, motion, or other paper; that to the best of the party's knowledge, information, and belief formed after reasonable inquiry it is well grounded in fact and is warranted by existing law or good faith argument for the extension, modification, or reversal of existing law; and that it is not interposed for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation. If a pleading, motion, or other paper is not signed, the court strikes it unless it is signed promptly after the omission is called to the attention of the pleader or movant. If a pleading, motion, or other paper is signed in violation of this rule, the court, upon motion or upon its own initiative, imposes upon the person who signed it, a represented party, or both, an appropriate sanction, which may include an order to pay to the other party or parties the amount of the reasonable expenses incurred because of the filing of the pleading, motion, or other paper, including a reasonable attorney fee.

History: 2-4-201, 39-71-2901, 39-71-2903, 39-71-2905, MCA; IMP, 2-4-201, 39-71-2901, MCA; NEW, 1983 MAR p. 1715, Eff. 11/26/83; TRANS, from ARM 2.52.303, 1989 MAR p. 2177, Eff. 12/22/89; AMD, 1990 MAR p. 847, Eff. 5/1/90; AMD, 1992 MAR p. 922, Eff. 5/1/92; AMD, 1994 MAR p. 27, Eff. 1/14/94; AMD, 1998 MAR p. 1281, Eff. 5/15/98; AMD, 2000 MAR p. 1513, Eff. 6/16/00; AMD, 2002 MAR p. 93, Eff. 1/18/02; AMD, 2014 MAR p. 2829, Eff. 3/1/15.

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