Overview
Process Server in North Dakota: How Service of Process Works
In North Dakota, a civil action is commenced by serving the summons, so service usually comes before filing. Any person 18 or older who isn't a party can serve. Papers can be delivered personally, left at the defendant's dwelling with a person 14 or older who lives there, or sent by mail with delivery restricted to the addressee and a signed receipt.
Who serves process
Who Can Serve Legal Documents in North Dakota
Under North Dakota Rule of Civil Procedure 4(d), any person who is at least 18 and not a party may serve process. North Dakota doesn't license process servers.
Because the action begins with service, the summons may be served before the complaint is filed.
Typical documents include summonses and complaints, small claims papers, eviction papers, subpoenas and divorce papers.
Proof you receive: a sworn affidavit of service
The server signs an affidavit of service; for mail service, the signed receipt is attached.
Commencement-ready service
Service in all 53 counties so your action starts on time.
Mail service support
Restricted-delivery mail service, with personal service as backup.
Fargo, Bismarck and statewide
Service in Cass, Burleigh, Grand Forks and every North Dakota county.
The rules
North Dakota Service of Process Rules
The North Dakota rules that matter most for service:
| Rule | What it covers |
|---|---|
| N.D.R.Civ.P. 3 | Action commenced by service of the summons |
| N.D.R.Civ.P. 4(d) | Who may serve and methods |
| N.D.R.Civ.P. 12(a) | 21 days to answer |
Treaties
North Dakota and the Hague Conventions: Treaty Status
The Hague Service Convention lets member countries send documents to each other's Central Authorities for service. North Dakota has not joined it, so that route isn't available, and the Convention's Article 10 rules on postal and private service don't apply. Whether those methods are acceptable depends on North Dakota's law and on what your court allows.
North Dakota is not a party to the Hague Evidence Convention, so requests for witness testimony or documents go through letters rogatory.
