M E M O
TO: Joint Procedure Committee
FROM: Gerhard Raedeke
RE: Rule 4, N.D.R.Civ.P.; Service upon a Governmental Entity
In Gessner v. City of Minot, 1998 N.D. 157, ¶¶ 24-25, 583 N.W.2d 90, Justice Meschke indicated he would like the Committee to review Rule 4(d)(2)(E), N.D.R.Civ.P. The rule provides for service upon a government entity "by delivering a copy of the summons to any member of its governing board." Justice Meschke would like the category of persons upon whom service may be made expanded beyond the governing board of a governmental entity.
In Gessner, service was attempted upon a city by serving the city manager. The court held service was insufficient because a city manager is not a member of the city's governing body as required by Rule 4(d)(2)(E).
Should the category of persons be expanded upon whom service may be made to accomplish service upon a governmental entity?