M E M O
TO: Joint Procedure Committee
FROM: Gerhard Raedeke
RE: Rule 4, N.D.R.Civ.P.; Service Outside the State
The Committee has a request from Judge Rustad for an amendment clarifying upon whom service is to be made, when service is by mail upon a corporation outside the state. See letter from Judge Rustad.
Currently, under Rule 4(d)(2)(D), to serve a corporation by mail within North Dakota, the mail must be addressed to a specific category of persons such as an officer, director, or agent of the corporation.
Under Rule 4(d)(3)(D), service may be made by mail upon a corporation outside of North Dakota. The Rule, however, does not appear to contain any limitation as to whom the mail must be addressed.
In the case in question, a truck driver signed for a Dupont Company subsidiary. Should Rule 4 be amended to expressly contain the same requirements for service by mail upon a corporation outside the state as within the state?