§ 25-3-501 Service of telegraphic or telephonic copy

Codes > Montana Code > Title 25 > Chapter 3 : Part 5 > 25-3-501 Service

25-3-501. Service of telegraphic or telephonic copy

    (1) Any summons, writ, or order in a civil action or proceeding and all other papers requiring service may be transmitted by telegraph or telephone for service in any place. The telegraphic or telephonic copy of the writ, order, or paper transmitted may be served or executed by the officer or person to whom it is sent for that purpose and returned by the officer or person, if any return is required, in the same manner and with the same effect in all respects as the original might be delivered to the officer or person. The officer or person serving or executing the writ, order, or paper has the same authority and is subject to the same liabilities as if the copy were the original.

    (2) The original, when a writ or order, must also be filed in the court from which it was issued, and a certified copy of the writ or order must be preserved in the telegraph or telephone office from which it is sent. In sending the writ or order, either the original or certified copy may be used by the operator for that purpose. Whenever any document to be sent by telegraph or telephone bears a seal, either private or official, it is not necessary for the operator, in sending the document, to telegraph or telephone a description of the seal or any words or device on the seal, but the seal may be expressed in the telegraphic or telephonic copy by the letters “L.S.” or by the word “seal”.