Rule 5.Serving and Filing Pleadings and Other Papers

Enacted effective October 1, 2011 · Last verified June 26, 2026

In one sentenceRule 5 governs the everyday papers filed after the complaint — which ones must be served on every party, the permitted methods of service (including e-service by written consent), and how and when papers are filed with the court.

Full Text of Rule 5

Text sizeJump to: (a) (b) (c) (d)

(a) Service: When Required.

(1) In General. Unless these rules provide otherwise, each of the following papers must be served on every party:

(A) An order stating that service is required;

(B) a pleading filed after the original complaint, unless the court orders otherwise under Rule 5(c) because there are numerous defendants;

(D) a written motion and any supporting brief, except one that may be heard ex parte;

(E) a written notice, appearance, demand, or offer of judgment, or any similar paper; and

(F) briefs, supporting appendices, and supporting affidavits.

(2) If a Party Fails to Appear. No service is required on a party who is in default for failing to appear. But a pleading that asserts a new claim for relief against such a party must be served on that party in the manner provided for service under Rule 4.

(3) Seizing Property. If an action is begun by seizing property and no person is or need be named as a defendant, any service required before the filing of an appearance, answer, or claim must be made on the person who had custody or possession of the property when it was seized.

(b) Service: How Made.

(1) Serving an Attorney. If a party is represented by an attorney, service under this rule must be made on the attorney unless the court orders service on the party.

(2) Service in General. A paper is served under this rule by:

(A) handing it to the person;

(B) leaving it:

(i) at the person’s office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; or

(ii) if the person has no office or the office is closed, at the person’s dwelling or usual place of abode with someone of suitable age and discretion who resides there;

(D) leaving it with the court clerk if the person has no known address;

(E) sending it by electronic means if the person consented in writing -- in which event service is complete upon transmission, but is not effective if the serving party learns that it did not reach the person to be served; or

(F) delivering it by any other means that the person consented to in writing -- in which event service is complete when the person making service delivers it to the party or agency designated to make delivery.

(1) In General. If an action involves an unusually large number of defendants, the court may, on motion or on its own, order that:

(A) defendants’ pleadings and replies to them need not be served on other defendants;

(B) any crossclaim, counterclaim, avoidance, or affirmative defense in those pleadings and replies to them will be treated as denied or avoided by all other parties; and

(2) Notifying Parties. A copy of every such order must be served on the parties as the court directs.

(d) Filing.

(1) Required Filings; Certificate of Service. Any paper after the complaint that is required to be served -- together with a certificate of service -- must be filed within a reasonable time after service. But the following discovery requests and responses must not be filed until they are used in the proceeding, ordered by the court in the Rule 16 conference, or the court orders filing: depositions or notices thereof, interrogatories, requests for documents or tangible things or to permit entry onto land, requests for admission, expert disclosure reports, and interrogatory answers.

(2) How Filing Is Made -- In General. A paper is filed by delivering it:

(A) to the clerk; or

(B) to a judge who agrees to accept it for filing, and who must then note the filing date on the paper and promptly send it to the clerk.

(3) Electronic Filing, Signing, or Verification. A court may, by local rule, allow papers to be filed, signed, or verified by electronic means, including facsimile, that are consistent with any technical standards established by the court or local rule. A paper filed by electronic means in compliance with a local rule is a written paper for purposes of these rules.

(4) Acceptance by the Clerk. The clerk must not refuse to file a paper solely because it is not in the form prescribed by these rules or by a local rule or practice.

End

Plain-English Summary

Rule 4 is about bringing a defendant into a case; Rule 5 is about everything that happens after. Once parties are in the lawsuit, this rule controls how they exchange papers and how those papers reach the court.

What must be served. Subdivision (a) requires that papers filed after the complaint — later pleadings, most discovery papers, written motions, notices, briefs — be served on every party. A party who is in default for failing to appear generally need not be served, with one exception: a pleading that raises a new claim against that party must be served the formal way, under Rule 4.

How service is made. Subdivision (b) lists the methods: handing the paper over, leaving it at an office or home, mailing it (service is complete on mailing), leaving it with the clerk if there is no known address, or sending it by electronic means if the recipient consented in writing (complete on transmission). If a party has a lawyer, service goes to the lawyer.

Filing. Subdivision (d) requires papers that are served to be filed, with a certificate of service, within a reasonable time — but most discovery is not filed until it is used. Electronic filing is allowed where local rules permit, and the clerk may not reject a paper merely because of a form defect.

Frequently Asked Questions

What is the difference between Rule 4 and Rule 5 service?

Rule 4 governs serving the original summons and complaint to bring a defendant into the case. Rule 5 governs serving the later papers on parties who are already in the case.

Can I serve documents by email?

Yes — if the recipient consented to electronic service in writing. Electronic service is complete upon transmission, but it is not effective if you learn that it did not reach the person.

When is mailed service complete?

Upon mailing (Rule 5(b)(2)(C)). Note that Rule 6(d) then adds 3 days to the recipient’s deadline to respond.

Do I have to serve a party who never appeared?

Generally no service is required on a party in default for failing to appear — except a pleading that asserts a new claim for relief against them, which must be served in the manner provided by Rule 4.

Do I have to file my discovery requests with the court?

No. Depositions, interrogatories, document requests, and requests for admission are not filed until they are used in the proceeding or the court orders them filed.

Source & verification. Reproduced verbatim from the Montana Code Annotated as published by the State Law Library of Montana and the Montana Legislature. This rule has not been amended since its adoption. Adopted by the Supreme Court of Montana (AF 07-0157). Last verified June 26, 2026. · Official text

Also known as: servicefilingcertificate of serviceelectronic servicee-service