North Dakota State Process Service

$179 Routine - $229 Rush

In North Dakota, service of process rules are governed by Rule 4 of the North Dakota Rules of Civil Procedure (NDRCivP). Below is an overview of key rules related to service of process in the state:

1. Who Can Serve Process:

• Service can be made by:
  • Sheriffs or their deputies.
  • Any person over 18 years of age who is not a party to the case.

2. Methods of Service:

a. Personal Service:

• Delivering a copy of the summons and complaint to the individual personally.

b. Substituted Service:

• Leaving a copy at the individual’s dwelling or usual place of abode with someone:
  • Of suitable age and discretion, and
  • Who resides there.

c. Service by Mail:

• Sending the summons and complaint by registered or certified mail with a return receipt requested.
• Service is effective upon the individual signing the receipt.

d. Service on a Corporation or Business:

• Delivering the documents to:
  • An officer, managing or general agent, or
  • Any other agent authorized to receive service.

e. Service on the State or Government Entities:

• Delivering documents to:
  • The Attorney General or their designee, and
  • The agency or department involved.

f. Service by Publication:

• Allowed only in specific circumstances, such as when a party cannot be located.
• Requires a court order and publication in a newspaper of general circulation in the appropriate county.

3. Proof of Service:

• Proof of service must be filed with the court, and it can include:
  • An affidavit from the server (if not a sheriff).
  • The sheriff’s return of service.
  • A copy of the signed receipt for service by mail.

4. Timing of Service:

• Service must be made within 90 days after the summons is issued unless extended by the court.

5. Special Considerations:

• Out-of-State Defendants: Service can be made outside North Dakota in accordance with the laws of the state where service is made, or by any method allowed under North Dakota law.

Waiver of Service: Parties may waive formal service by returning a signed acknowledgment of service.