Montana § 41-3-428 - Service Of Process -- Service By Publication -- Effect
Full text of Montana Montana Code Annotated § 41-3-428 — Service Of Process -- Service By Publication -- Effect, with citation guidance and answers to common questions.
§ 41-3-428. Service Of Process -- Service By Publication -- Effect
Service of process -- service by publication -- effect. (1) Except as otherwise provided in this chapter, 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 41-3-429 . 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. At or after the hearing, the court may issue an order that will adjudicate the interests of the person served by publication. (3) If a parent cannot be identified or found prior to the initial hearings allowed by part 4, the court may grant the following relief, pending service by publication on the parent who cannot be identified or found and based upon service of process on only the parent, guardian, or other person having legal custody of the child: (a) immediate protection; (b) temporary investigative authority; and (c) temporary legal custody.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 41-3-428
What does Montana Code Annotated § 41-3-428 cover?
Section 41-3-428 ("Service Of Process -- Service By Publication -- Effect") is part of the Montana Code Annotated, the codified statutory law of Montana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Montana § 41-3-428?
A common citation format is "Montana Code Annotated § 41-3-428" (Montana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 41-3-428 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Montana.