TO: Joint Procedure Committee
From: Tom Tudor
RE: Rule 4, N.D.R.Civ.P.; Persons Subject to Jurisdiction--Process--Service
Paragraph (c)(2) of this rule presently provides that a copy of the complaint need not be served with the summons, and in such case, the summons must state that the complaint is or will be filed. Further, the action is deemed discontinued if the complaint is not filed within 20 days after service of the summons if the defendant, within 20 days after service of the summons, causes a notice of appearance to be given and demands in writing a copy of the complaint.
Paragraph (c)(3) of this rule presently provides that the defendant may serve a written demand on the plaintiff to file the complaint, and that if the complaint is then not filed within 20 days after service of the demand, service of the summons is void.
If Rule 3 is amended to provide that an action is commenced by filing a complaint, it seems appropriate to amend paragraph 4(c)(2) to require that the complaint must be served with the summons. The remainder of paragraph (c)(2) and all of paragraph 4(c)(3) are then unnecessary and may be deleted.
Subdivision 4(d) contains several references to a summons in the context of service. The words "and complaint" are added to conform these references to the requirement that the complaint must be served with the summons.
Attached are proposed amendments to N.D.R.Civ.P. 4.