TO: Joint Procedure Committee
FROM: Andy Forward
DATE: March 30, 2010
RE: Rule 4, N.D.R.Civ.P., Persons Subject to Jurisdiction–Process–Service
Staff has prepared amendments to Rule 4 based on the federal form and style amendments. The amendments are intended to make the rule more easily understood and to make style and terminology consistent throughout the rules. The amendments also aim to modernize the rule, removing references to obsolete authority and practices.
Staff also prepared amendments to Rule 4 based on the amendments made to the time periods in the federal rules. In paragraph (e)(4), line 213, the time to deliver a copy of the summons and complaint to a post office or third-party commercial carrier was increased from 10 to 14 days after the first publication of the summons.
The existing rule and the federal rule are substantially different. Form and style changes are proposed. The proposed amendments to Rule 4 are attached along with a copy of the form and style amendments to the federal rule. The time period amendments are highlighted.