TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 4, N.D.R.Civ.P., Persons Subject to Jurisdiction-Process-Service
If North Dakota switched to a system of commencement by filing, Rule 4 would need to be amended to implement the new system. Attached are proposed amendments to Rule 4 based on language in Fed.R.Civ.P. 4.
The following amendments are proposed:
Amendments to Rule 4(c)(2) making the plaintiff responsible for service of a summons and complaint within the time limits set in Rule 4(n).
Amendments to Rule 4(d) adding a waiver of service option. This option is part of the federal rule and advantageous to the plaintiff, because it lowers service costs, and to the defendant, because agreeing to a waiver will increase the time allowed to respond to the complaint. The Committee may wish to discuss whether a waiver of service provision is needed in North Dakota, given the many low cost service methods available under Rule 4.
The addition of a new Rule 4(n) setting time limits for the service of the summons and complaint and allowing dismissal of the action if timely service is not accomplished.