North Dakota Service of Process Rules
North Dakota
State Serve Rules
Additional Rules
Additional rules - TM
Certified mail counts as personal service, if returned accepted.
Affidavit
Notary
Not Required
Refusal service
Yes, state defines as "refusal" on the affidavit
Mailing
Mail for corporate substitute service
Not Required
Mail for substitue service
Not Required
Minors, Incapacitated, and Jail
Incapacitated individuals + care/custody
Must serve care/custody
Jail Care Custody Service
Facility-specific policy
Jail Personal Service
Facility-specific policy
Service to a minor
<14, parent/guardian
Proof Specialists
Mirrors Fed Rules
Yes
M&O
Not required for service
Substitute Service Rules - Business / Entity
Corporate subservice at a residence
Not Permissible
Government substitute service
No, must serve head of agency
Service of Corporate Person in charge
Yes (Due Diligence required), may serve person in charge or any employee
Workplace substitute service
Not Permissible
Substitute Service Rules - Individuals
Due diligence prior to substitute service
Not Required
Minimum age for substitute service
Suitable age and discretion
Residential substitute service
Permissible
Spousal Service
Permissible (at office of process server only)
Subpoena Personal Service Only?
Subserve to a co-resident permissible
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents
When and where can you serve?
Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Permissible
Eviction Summons Rules
Additional Rules - Eviction Summons
Additional rules - Servers
If suspect is not found, after at least 1 attempt between 6pm and 10pm, mail a copy of docs, file affidavit reflecting diligence and mailing, then posting is permitted
Mailing
Certified Mail
No
Mail always?
No
Mail if posted
Required
Mail if subserve
No
Mail SLA
Same day
Posting Rules
Due Diligence Prior to Posting
Required
Posting
Permissible (see "additional rules" section for more detail)
Eviction Posting Rules
Additional Rules
Additional rules - TM
If not found, after at least 1 attempt between 6pm and 10pm, mail a copy of docs, file affidavit reflecting DD and mailing and then you can post
Affidavit
Notary for Notice
Not required
Mailing
Certified Mail
Yes
Mail always?
Yes
Mail SLA
Same day
Proof Specialists
Server/Marshal Required?
Server
**By Whom Served.** Service of all process may be made: within the state by any person of legal age not a party to nor interested in the action; and outside the state by any person who may make service under the law of this state or under the law of the place in which service is made or who is designated by a court of this state.
**Personal Service, Individuals.** Personal service of process within the state must be made as follows: (A) upon an individual 14 or more years of age by (i) delivering a copy of the summons to the individual personally.
**Substituted.** By leaving a copy at the individual’s dwelling house or usual place of abode in the presence of a person of suitable age and discretion then residing therein; (iii) delivering at the office of the process server, a copy of the summons to the individual’s spouse if the spouses reside together; (iv) delivering a copy of the summons to the individual’s agent... (v) any form of mail or third-party commercial delivery addressed to the individual to be served and requiring a signed receipt and resulting in delivery to that individual…
**Corporations.** By delivering a copy of the summons to an officer, director, superintendent or managing or general agent, or partner, or associate, or to an agent authorized by appointment or by law to receive … process in its behalf…
**Return of Service.** The certificate, affidavit or admission of service must state the date, time, place and manner of service. If … served personally by a person other than the sheriff … the affidavit of service must also state that the server is of legal age and not a party to the action nor interested in the action, and that the server knew the person served to be the person named in the papers served and the person intended to be served.
