Cal. Civ. Code § 70-27-114
Summons -- Contents -- Service
Operative Text
(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.
Mont. Code Ann. § 70-27-114 governs the required contents and delivery of a summons in an eviction (unlawful detainer) proceeding in Montana. The summons must identify the parties, the court, the nature of the action, and the relief sought, and it must inform the defendant that they have 10 days from service to appear and answer or risk a default judgment. Service must follow the same rules as civil summons generally, with personal service preferred; if the defendant cannot be found with due diligence, alternative service methods consistent with § 70-27-110 apply.
Plain English — not legal advice.
Property owners or managers initiating an eviction action under Mont. Code Ann. § 70-27-114 generally ensure that the summons they file includes all required elements — party names, court, nature of the action, relief sought, and the 10-day response deadline — before it is issued and served. Compliant operators follow Montana's civil-service rules for delivery, attempting personal service first and documenting their diligence if the tenant cannot be located. If a summons is returned unserved or not served in time, § 70-27-114(4) allows a new summons to be issued, so operators typically track service deadlines carefully to avoid procedural delays.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Mont. Code Ann. § 70-27-114, a tenant served with an eviction summons has 10 days from the date of service to appear and respond in court; failing to do so can result in the relief requested by the landlord being granted by default. The summons itself must contain specific information — including the nature of the action and the relief sought — and must be delivered according to Montana's civil-service rules, so tenants who believe service was improper may have grounds to raise that issue in the proceeding. Tenants facing an eviction summons may wish to contact a local tenant-rights organization or legal aid office to understand the options available under § 70-27-114 and related provisions.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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