Opinion
No. DA 13–0260.
2013-10-15
In re the Marriage of Derek M. JONES, Petitioner and Appellee, v. Tawny FISHER–JONES, Respondent and Appellant.
¶ 12 Here, Fisher–Jones is an inmate, without ready access to evidence “other than her own assertions” to rebut the prima facie showing of service. In her affidavit, her motion to set aside the decree, and her motion for relief under M.R. Civ. P. 60(b), Fisher–Jones vigorously disputed the return of personal service and claimed she had never been served. On appeal, she has suggested that there is evidence that would “bear [her] out,” namely, “logs, records and [surveillance]” from the Montana Womens' Prison that would show whether or not the sheriff's deputy effected personal service. Given Fisher–Jones' assertions, the apparent availability of records from the Womens' Prison, and the fact that the result of the decree was to provide Fisher–Jones very little contact with her children and allocate to her an unclear but potentially significant amount of the parties' marital debt