N.D.R. Lawyer Discipl.
RULE 3.2. SERVICE.
1 A. Petition. Service of a petition upon the lawyer must be made by personal
2 service as provided for in N.D.R.Civ.P. 4, or by registered or certified mail at the
3 last address shown in the roster of licensed attorneys maintained by the
court State Board of Law Examiners or other last known address. Service in all
other respects is governed by the North Dakota Rules of Civil Procedure.
6 B. Other
Service of any other reports, papers, or notices required by these rules must,
unless otherwise provided by these rules, be made in accordance with Rule 5 of
North Dakota Rules of Civil Procedure.
10 (1) Service-When Required.
11 (a) In General. Other than service under subdivision (A), service of other
papers documents, or notices required by these rules must be made on the
13 lawyer, unless the rules provide otherwise.
14 (b) If a Lawyer Fails to Appear. No service is required on a lawyer who is
15 in default for failing to appear. But a pleading that asserts a new claim against a
16 lawyer must be served on the lawyer under subdivision (A).
17 (2) Service-How Made.
18 (a) Service on a Lawyer Represented by an Attorney. If a lawyer is
19 represented, service under this rule must be made on the representing attorney
20 unless otherwise provided in these rules. If the representing attorney is providing
21 limited representation under N.D.R.Civ.P. 11(e), service must be made on the
22 representing attorney for matters within the limited scope of representation.
23 (b) Service in General. A document is served under this rule:
24 (i) Prior to a petition for discipline, for matters to be considered by an
25 inquiry committee, by:
26 (A) handing it to the person;
27 (B) leaving it:
28 (1) at the lawyer's office with a clerk or other person in charge or, if no one
29 is in charge, leaving it in a conspicuous place in the office; or,
30 (2) if the lawyer has no office or the office is closed, at the lawyer's
31 dwelling or usual place of abode with someone of suitable age and discretion who
32 resides there;
33 (C) mailing it to the lawyer's last address shown in the roster of licensed
34 attorneys maintained by the State Board of Law Examiners or other last known
35 address, in which event service is complete upon mailing;
36 (D) sending it by a third-party commercial carrier to:
37 (1) the complainant at the last known address provided on the complaint or
38 on file with disciplinary counsel, in which event service is completed upon deposit
39 of the paper to be served with the commercial carrier; or
40 (2) the lawyer's last address shown in the roster of licensed attorneys
41 maintained by the State Board of Law Examiners or other last known address, in
42 which event service is complete upon deposit of the paper to be served with the
43 commercial carrier;
44 (E) if no address is known, by submitting an affidavit regarding attempts to
45 locate the lawyer with the clerk of the supreme court, who upon a showing of due
46 diligence must accept service on behalf of the lawyer;
47 (F) sending it by electronic means if the lawyer consented in writing, in
48 which event service is complete upon transmission, but is not effective if the
49 serving person learns that it did not reach the lawyer to be served; or
50 (G) delivering it by any other means that the person consented to in writing.
51 (ii) After a petition for discipline, service may be made upon the lawyer by:
52 (A) any of the methods of service addressed within subparagraph
53 (B)(2)(b)(i); or,
54 (B) electronically sending it to the e-mail address posted on the North
55 Dakota Supreme Court website. Electronic service otherwise must be consistent
56 with the procedure defined in N.D.R.Ct. 3.5(e), with the exception that the filings
57 and service will not be conducted through the Odyssey® system.
58 (c) Proof of service under this rule is made as provided in N.D.R.Civ.P. 4 or
59 by an attorney's certificate showing that service was made as required by these
61 [Adopted effective August 1, 2004. Amended effective March 1,