RULE 4. PERSONS SUBJECT TO JURISDICTION; PROCESS; SERVICE
1 (a) Definition of Person. As used in this rule, "person", whether or not a
2 citizen or domiciliary of this state and whether or not organized under the laws of
3 this state, includes:
4 (1) an individual, executor, administrator or other personal representative;
5 (2) any other fiduciary;
6 (3) any two or more persons having a joint or common interest;
7 (4) a partnership;
8 (5) an association;
9 (6) a corporation; and
10 (7) any other legal or commercial entity.
11 (b) Personal Jurisdiction.
12 (1) Personal Jurisdiction Based on Presence or Enduring Relationship. A
13 court of this state may exercise personal jurisdiction over a person found within,
14 domiciled in, organized under the laws of, or maintaining a principal place of
15 business in, this state as to any claim for relief.
16 (2) Personal Jurisdiction Based on Contacts. A court of this state may
17 exercise personal jurisdiction over a person who acts directly or by an agent as to
18 any claim for relief arising from the person's having such contact with this state
19 that the exercise of personal jurisdiction over the person does not offend against
20 traditional notions of justice or fair play or the due process of law, under one or
21 more of the following circumstances:
22 (A) transacting any business in this state;
23 (B) contracting to supply or supplying service, goods, or other things in this
25 (C) committing a tort within or outside this state causing injury to another
26 person or property within this state;
27 (D) committing a tort within this state, causing injury to another person or
28 property within or outside this state;
29 (E) having an interest in, using, or possessing property in this state;
30 (F) contracting to insure another person, property, or other risk within this
32 (G) acting as a director, manager, trustee, or officer of a corporation
33 organized under the laws of, or having its principal place of business within, this
35 (H) enjoying any other legal status or capacity within this state; or
36 (I) engaging in any other activity, including cohabitation or sexual
37 intercourse, within this state.
38 (3) Limitation on Jurisdiction Based on Contacts. If jurisdiction over a
39 person is based solely on paragraph (2) of this subdivision, only a claim for relief
40 arising from bases enumerated in paragraph (2) may be asserted against that
42 (4) Acquisition of Jurisdiction. A court of this state may acquire personal
43 jurisdiction over any person through service of process as provided in this rule or
44 by statute, or by voluntary general appearance in an action by any person either
45 personally or through an attorney or any other authorized person.
46 (5) Inconvenient Forum. If the court finds, in the interest of substantial
47 justice, the action should be heard in another forum, the court may stay or dismiss
48 the action in whole or in part on any condition that may be just.
49 (c) Process.
50 (1) Contents of Summons. The summons must:
51 (A) specify the venue of the court in which the action is brought;
52 (B) contain the title of the action specifying the names of the parties;
53 (C) be directed to the defendant;
54 (D) It must state the time within which these rules require the defendant to
55 appear and defend;
56 (E) notify the defendant that, if the defendant fails to appear and defend,
57 default judgment will be rendered against the defendant for the relief demanded in
58 the complaint; and
59 (F) be dated and subscribed by the plaintiff or the plaintiff's attorney and
60 include the post office address of the plaintiff or plaintiff's attorney.
61 (G) If the action involves real estate and service is by publication, include
62 the additional information required by Rule 4(e)(8).
63 (2) Copy of Complaint. A copy of the complaint must be served with the
64 summons, except when service is by publication under Rule 4(e).
65 (d) Personal Service.
66 (1) By Whom. Service of all process may be made:
67 (A) within the state by any person of legal age and not a party to nor
68 interested in the action; and
69 (B) outside the state by any person who may make service under the law of
70 this state or under the law of the place where service is made, or by a person who
71 is designated by a court of this state.
72 (2) How Service Made Within the State. Personal service of process within
73 the state must be made as follows:
74 (A) Serving an Individual Fourteen Years of Age and Older. Service must
75 be made on an individual 14 or more years of age by:
76 (i) delivering a copy of the summons to the individual personally;
77 (ii) leaving a copy of the summons at the individual's dwelling or usual
78 place of residence in the presence of a person of suitable age and discretion who
79 resides there;
80 (iii) delivering, at the office of the process server, a copy of the summons to
81 the individual's spouse if the spouses reside together;
82 (iv) delivering a copy of the summons to the individual's agent authorized
83 by appointment or by law to receive service of process; or
84 (v) any form of mail or third-party commercial delivery addressed to the
85 individual to be served and requiring a signed receipt and resulting in delivery to
86 that individual.
87 (B) Serving an Individual Under the Age of Fourteen. Service must be
88 made on an individual under the age of 14 by delivering a copy of the summons to:
89 (i) the individual's guardian, if the individual has one within the state;
90 (ii) the individual's parent or any person or agency having the individual's
91 care or control, or with whom the individual resides, if the individual does not
92 have a guardian within the state; or
93 (iii) the person designated by court order, if service cannot be made under
94 (i) or (ii).
95 (C) Serving an Incompetent Individual or Appointed Guardian. Service
96 must be made on an individual who has been judicially adjudged incompetent or
97 for whom a guardian of the individual's person or estate has been appointed in this
98 state, by delivering a copy of the summons to the individual's guardian. If a general
99 guardian and a guardian ad litem have been appointed, both must be served.
100 (D) Serving a Corporation, Partnership, or Association. Service must be
101 made on a domestic or foreign corporation or on a partnership or other
102 unincorporated association, by:
103 (i) delivering a copy of the summons to an officer, director, superintendent
104 or managing or general agent, or partner, or associate, or to an agent authorized by
105 appointment or by law to receive service of process on its behalf, or to one who
106 acted as an agent for the defendant with respect to the matter on which the
107 plaintiff's claim is based and who was an agent of the defendant at the time of
109 (ii) if the sheriff's return indicates no person upon whom service may be
110 made can be found in the county, then service may be made by leaving a copy of
111 the summons at any office of the domestic or foreign corporation, partnership, or
112 unincorporated association within this state with the person in charge of the office;
114 (iii) any form of mail or third-party commercial delivery addressed to any of
115 the foregoing persons and requiring a signed receipt and resulting in delivery to
116 that person.
117 (E) Serving a Municipal or Public Corporation. Service must be made on a
118 city, township, school district, park district, county, or any other municipal or
119 public corporation, by delivering a copy of the summons to any member of its
120 governing board.
121 (F) Serving the State and Its Agencies.
122 (i) State. Service must be made on the state by delivering a copy of the
123 summons to the governor or attorney general or an assistant attorney general.
124 (ii) State Agency. Service must be made on an agency of the state, such as
125 the Bank of North Dakota or the North Dakota Mill and Elevator Association, by
126 delivering a copy of the summons to the managing head of the agency or to the
127 attorney general or an assistant attorney general.
128 (G) Serving an Agent Not Authorized to Receive Process. If service is made
129 on an agent who is not expressly authorized by appointment or by law to receive
130 service of process on behalf of the defendant, a copy of the summons and
131 complaint must be mailed or delivered via a third-party commercial carrier to the
132 defendant with return receipt requested not later than ten days after service by
133 depositing a copy of the summons and complaint, with postage or shipping
134 prepaid, in a post office or with a commercial carrier in this state and directed to
135 the defendant to be served at the defendant's last reasonably ascertainable address.
136 (3) How Service of Process is Made Outside the State. Service on any
137 person subject to the personal jurisdiction of the courts of this state may be made
138 outside the state:
139 (A) in the same manner as service within this state, with the force and effect
140 as though service had been made within this state;
141 (B) under the law of the place where service is made for service in that
142 place in an action in any of its courts of general jurisdiction; or
143 (C) as directed by court order.
144 (e) Service by Publication.
145 (1) When Service by Publication Permitted. A defendant, whether known or
146 unknown, who has not been served personally under subdivision (d) of this rule
147 may be served by publication in one or more of the following situations only if:
148 (A) the claim for relief is based on one or more grounds for the exercise of
149 personal jurisdiction under paragraph (2) of subdivision (b) of this rule;
150 (B) the subject of the action is real or personal property in this state, and:
151 (i) the defendant has or claims a lien or other interest in the property,
152 whether vested or contingent,
153 (ii) the relief demanded against the defendant consists wholly or partly in
154 excluding the defendant from that lien or interest or in defining, regulating, or
155 limiting that lien or interest, or
156 (iii) the action otherwise affects the title to the property;
157 (C) the action is to foreclose a mortgage, cancel a contract for sale, or to
158 enforce a lien on or a security interest in real or personal property in this state;
159 (D) the plaintiff has acquired a lien on the defendant's property or credits
160 within this state by attachment, garnishment, or other judicial processes and the
161 property or credit is the subject matter of the litigation or the underlying claim for
162 relief relates to the property or credits;
163 (E) the action is for divorce, separation, or annulment of a marriage of a
164 state resident;
165 (F) the action is to determine parenting rights and responsibilities of an
166 individual subject to the court's jurisdiction; or
167 (G) the action is to award, partition, condemn, or escheat real or personal
168 property in this state.
169 (2) Filing of Complaint and Affidavit for Service by Publication. Before
170 service of the summons by publication is authorized, a complaint and affidavit
171 must be filed with the clerk of court where the action is venued. The complaint
172 must set forth a claim in favor of the plaintiff and against the defendant and be
173 based on one or more of the situations specified in paragraph (e)(1). The affidavit
174 must be executed by the plaintiff or the plaintiff's attorney and must state one or
175 more of the following:
176 (A) that after diligent inquiry, which must include a reasonable effort to
177 search the internet for the whereabouts of the absent party, personal service of the
178 summons cannot be made on the defendant in this state to the best knowledge,
179 information, and belief of the affiant;
180 (B) that the defendant is a domestic corporation that has forfeited its charter
181 or right to do business in this state or has failed to file its annual report as required
182 by law;
183 (C) that the defendant is a domestic or foreign corporation and has no
184 officer, director, superintendent, managing agent, business agent, or other agent
185 authorized by appointment or by law on whom service of process can be made on
186 its behalf in this state; or
187 (D) that all persons having or claiming an estate or interest in, or lien or
188 encumbrance on, the real property described in the complaint, whether as heirs,
189 devisees, legatees, or personal representative of a deceased person, or under any
190 other title or interest, and not in possession, nor appearing of record in the office of
191 the register of deeds, the clerk of the district court, or the county auditor of the
192 county in which the real property is situated, to have such claim, title or interest in
193 the property, are proceeded against as unknown persons defendant under N.D.C.C.
194 Chs. 32-17 or 32-19, and stating facts necessary to satisfy the requirements of
195 those chapters.
Number of Publications Method of Publication.
197 (A) County Newspaper. Service of the summons by publication may be
198 made by publishing the summons three times, once each week for three successive
199 weeks, in a newspaper published in the county where the action is pending. If no
200 newspaper is published in that county, publication may be made in a newspaper
201 having a general circulation in the county. Proof of service must be made by an
202 affidavit made as provided in N.D.C.C. 31-04-06 and an affidavit of mailing or an
203 affidavit of delivery via a third-party commercial carrier of a copy of the summons
204 and complaint under paragraph (e)(5) of this rule, if the summons and complaint
205 has been deposited.
206 (B) Legal Notice Website. If publication in an official county newspaper is
207 not required by statute, service of the summons by publication may be made by
208 posting on the North Dakota Court System's legal notice website and as otherwise
209 directed by the court. A summons by publication filed in the Odyssey file and
210 serve system will be posted automatically on the legal notice website for four
211 consecutive weeks. Proof of posting on the legal notice website must be made by
212 certification of the court clerk. A printed copy of the posted summons and the
213 dates of posting must be attached to the clerk's certificate.
Mailing or Delivering Summons and Complaint. A copy of
summons and complaint, at any time after the filing of the affidavit for
and no later than 14 days after the first publication of the summons, must
deposited in a post office or with a third-party commercial carrier in this
postage or shipping prepaid, and directed to the defendant to be served at
defendant's last reasonably ascertainable address.
220 Additional Service by Other Methods.
221 (A) In General. In addition to the service allowed under paragraph (e)(3),
222 the court, in its discretion, may require service of process to be made upon an
223 absent party in any other manner that is reasonably calculated to give the party
224 actual notice of the proceedings and an opportunity to be heard, including posting
225 to an online publication website, service by e-mail, posting to a social networking
226 account, posting to a public bulletin board or posting on the front door of the
227 absent party's place of residence.
228 (B) Proof of Additional Service by Other Methods.
229 (i) If service is made by posting to an online publication website, proof of
230 posting must be made by affidavit of the online publication's publisher, printer,
231 manager, foreman, or principal clerk, or by the certificate of the attorney for the
232 party at whose instance the service was made. A printed copy of the posted notice
233 with the name of the online publication and dates of posting marked must be
234 attached to the affidavit or certificate.
235 (ii) If service is made by e-mail or posting to a social networking account,
236 proof of e-mail transmission or electronic posting must be made by affidavit. If
237 service is made by e-mail, a copy of the sent e-mail transmission must be attached
238 to the affidavit. If service is made by posting a notice on the absent party's social
239 networking account, a screen print of the posting must be attached to the affidavit.
240 (iii) If service is made by posting to a public bulletin board or on the front
241 door of the absent party's place of residence, proof of posting must be made by
242 affidavit of posting of the notice and the complaint or other pleadings.
243 (iv) If the court has allowed service of process to be made upon an absent
244 party in any other manner calculated to give actual notice, proof of service must be
245 made as directed by the court.
246 (5) Mailing or Delivering Summons and Complaint. A copy of the
247 summons and complaint, at any time after the filing of the affidavit for publication
248 and no later than 14 days after the first publication of the summons, must be
249 deposited in a post office or with a third-party commercial carrier in this state,
250 postage or shipping prepaid, and directed to the defendant to be served at the
251 defendant's last reasonably ascertainable address. An affidavit of mailing or an
252 affidavit of delivery via a third-party commercial carrier of a copy of the summons
253 and complaint must be attached to any proof of service by publication under
254 paragraph (e)(3) or by other method under paragraph (e)(4).
(5) (6) Personal Service Outside State is Equivalent
to Publication. After
256 the affidavit for publication and the complaint in the action are filed, personal
257 service of the summons and complaint on the defendant out of state is equivalent
258 to and has the same force and effect as the publication and mailing or delivery
259 provided for in Rule 4(e)(4) and (5).
(6) (7) Time When First Publication, Additional
Service or Service Outside
261 State Must Be Made. The first publication or additional service of the summons, or
262 personal service of the summons and complaint on the defendant outside the state,
263 must be made within 60 days after the filing of the
publication or additional
264 service. If not made, the action is considered discontinued as to any defendant not
265 served within that time.
(7) (8) When Defendant Served by Publication or
Additional Service is
267 Permitted to Defend.
268 (A) The defendant who is served by publication or additional service, or the
269 defendant's representative, on application and sufficient cause shown at any time
270 before judgment, must be allowed to defend the action.
271 (B) Except in an action for divorce, the defendant who is served by
272 publication or additional service, or the defendant's representative, on just terms,
273 may be allowed to defend at any time within three years after entry of judgment if
274 the defendant files an affidavit with the court that states:
275 (i) the defendant has a good and meritorious defense to the action; and
276 (ii) the defendant had no actual notice or knowledge of the action to enable
277 the defendant to make application to defend before the entry of judgment.
278 (C) If the defense is successful and the judgment, or any part of the
279 judgment, has been collected or otherwise enforced, restitution may be ordered by
280 the court, but the title to property sold under the judgment to a purchaser in good
281 faith may not be affected.
282 (D) A defendant is considered to have had notice of the action and of the
283 judgment if the defendant:
284 (i) receives a copy of the summons in the action by mail or delivery under
286 (ii) is personally served the summons outside the state under paragraph
(8) (9) Additional Information to be Published for Real
Property. In all
289 cases in which publication of summons is made in an action that the title to, or an
290 interest in or lien on, real property is involved, the publication must also contain a
291 description of the real property and a statement of the object of the action.
292 (f) Serving a Person in a Foreign Country. Unless otherwise provided by
293 law, an individual, other than a minor or an incompetent person, may be served at a
294 place not within any judicial district of the United States:
295 (1) by any internationally agreed means of service that is reasonably
296 calculated to give notice, such as those means authorized by the Hague Convention
297 on the Service Abroad of Judicial and Extrajudicial Documents; or
298 (2) if there is no internationally agreed means, or if an international
299 agreement allows but does not specify other means, by a method that is reasonably
300 calculated to give notice:
301 (A) as prescribed by the foreign country's law for service in that country in
302 an action in its courts of general jurisdiction;
303 (B) as the foreign authority directs in response to a letter rogatory or letter
304 of request; or
305 (C) unless prohibited by the foreign country's law by
306 (i) delivering a copy of the summons and the complaint to the individual
307 personally; or
308 (ii) using any form of mail or third-party commercial delivery that the clerk
309 addresses and sends to the individual and that requires a signed receipt; or
310 (3) by other means not prohibited by international agreement, as the court
312 (4) Serving a Minor or Incompetent Person. Unless otherwise provided by
313 law, service must be made on a minor or an incompetent person in a place not
314 within any judicial district of the United States in the manner prescribed by
315 paragraphs (2)(A), (2)(B), and (3).
316 (5) Serving a Foreign Corporation, Partnership, or Association. Unless
317 otherwise provided by law, service must be made on a foreign corporation,
318 partnership or other unincorporated association, that is subject to suit under a
319 common name, in a place not within any judicial district of the United States in the
320 manner prescribed for individuals in this subdivision except personal delivery
321 under paragraph (2)(C)(i).
322 (g) When Service by Publication or Outside State Complete. Service by
323 publication is complete fifteen days after the first publication of the summons.
324 Personal service of the summons and complaint upon the defendant outside the
325 state is complete fifteen days after the date of service.
326 (h) Amendment of Process or Proof of Service. The court may allow any
327 process or proof of service to be amended at any time on notice and just terms,
328 unless it clearly appears that the substantial rights of the party against whom the
329 process was issued would be materially prejudiced.
330 (i) Proof of Service. Proof of service of the summons and of the complaint
331 or notice, if any, accompanying the summons or of other process, must be made as
333 (1) if served by the sheriff or other officer, by the officer's certificate of
335 (2) if served by any other person, by the server's affidavit of service;
336 (3) if served by publication,
by an affidavit made as provided in
31-04-06 and an affidavit of mailing or an affidavit of delivery via a
commercial carrier of a copy of the summons and
complaint under paragraph
(e)(4) of this rule, if the summons and complaint has been
deposited as specified
340 subdivision (e);
341 (4) in any other case of service by mail or delivery via a third-party
342 commercial carrier resulting in delivery under paragraph (d)(2) or (d)(3), by an
343 affidavit of mailing or an affidavit of delivery of a copy of the summons and
344 complaint or other process, with return receipt attached; or
345 (5) by the written admission of the defendant.
346 (j) Contents of Proof of Service.
347 (1) The certificate, affidavit or admission of service mentioned in
348 subdivision (i) must state the date, time, place, and manner of service.
349 (2) If the process, pleading, order of court, or other paper is served
350 personally by a person other than the sheriff or person designated by law, the
351 affidavit of service must also state that:
352 (A) the server is of legal age and not a party to the action nor interested in
353 the action, and
354 (B) the server knew the person served to be the person named in the papers
355 served and the person intended to be served.
356 (k) Contents of Affidavit of Mailing or Delivery via a Third-party
357 Commercial Carrier. An affidavit of mailing or delivery required by this rule must:
358 (1) state a copy of the process, pleading, order of court, or other paper to be
359 served was deposited by the affiant, with postage or shipping prepaid, in the mail
360 or with a third-party commercial carrier and directed to the party shown in the
361 affidavit to be served at the party's last reasonably ascertainable address;
362 (2) contain the date and place of deposit;
363 (3) indicate the affiant is of legal age; and
364 (4) contain the return receipt, if any, attached to the affidavit.
365 (l) Effect of Mail or Delivery Refusal. If a summons and complaint or other
366 process is mailed or sent with delivery restricted and requiring a receipt signed by
367 the addressee, the addressee's refusal to accept the mail or delivery constitutes
368 delivery. Return of the mail or delivery bearing an official indication on the cover
369 that delivery was refused by the addressee is prima facie evidence of the refusal.
370 Service is complete on the date of refusal.
371 (m) Service Under Statute. If a statute requires service and does not specify
372 a method of service, service must be made under this rule.
373 EXPLANATORY NOTE
374 Rule 4 was amended, effective 1971; January 1, 1976; January 1, 1977;
375 January 1, 1979; September 1, 1983; March 1, 1986; March 1, 1990; March 1,
376 1996; March 1, 1998; March 1, 1999; March 1, 2004; March 1, 2007; August 1,
377 2009; March 1, 2011; March 1, 2013; ________. The explanatory note was
378 amended, effective March 1, 2014.
379 Rule 4 governs civil jurisdiction and service of process. In contrast, Rule 5
380 applies to service of papers other than process.
381 Rule 4 was amended, effective March 1, 1999, to allow delivery via a
382 third-party commercial carrier as an alternative to the Postal Service. The
383 requirement for a "third-party" is consistent with the rule's requirement for
384 personal service by a person not a party to nor interested in the action. The
385 requirement for a "commercial carrier" means it must be the regular business of the
386 carrier to make deliveries for profit. A law firm may not act as its own commercial
387 carrier service for service of process. Finally, the phrase "commercial carrier" is
388 not intended to include or authorize electronic delivery. Service via e-mail or
389 facsimile transmission is not permitted by Rule 4.
390 Originally, Rule 4 concerned process, with no mention of jurisdiction. In
391 1971, what are now subdivisions (a) [Definition of Person] and (b) [Jurisdiction
392 Over Person] were added. They were taken from the Uniform Interstate and
393 International Procedure Act. Many changes were also made to subdivision (d)
394 [previously (c)] concerning personal service, several of which were taken from that
396 Subdivision (c) was amended, effective March 1, 1998, to provide a
397 defendant with the means to compel the plaintiff to file the action.
398 Paragraph (c)(2) was amended, effective March 1, 2007, to require the
399 complaint to be served with the summons under most circumstances.
400 Paragraph (c)(3) on making a demand to file the complaint was transferred
401 to Rule 5, effective March 1, 2013.
402 Subdivision (d) was amended, effective March 1, 1998, to allow personal
403 service by delivering a copy of the summons to an individual's spouse. The time of
404 service for an item served by mail or third-party commercial carrier under
405 subdivision (d) is the time the item is delivered to or refused by the recipient.
406 Refusal of delivery is tantamount to receipt of the mail or delivery for purposes of
407 service. On the other hand, if the mail or delivery is unclaimed, no service is made.
408 Subdivision (l) was added in 1983, effective September 1, 1983, to make it clear
409 that refusal of delivery by the addressee constitutes delivery.
410 Paragraph (d)(4) was deleted and subdivision (m) was added, effective
411 March 1, 2004, to clarify that, when a statute requires service and no method of
412 service is specified, service must be made under this rule. Statutes governing
413 special procedures often conflict with these rules. As an example, N.D.C.C.
414 32-19-32 concerning the time period for mailing the summons and complaint after
415 publication in a mortgage foreclosure conflicts with Rule 4(e)(4).
416 Subdivision (e) was amended, effective___________________, to allow
417 service by publication on the North Dakota Court System's legal notice website
418 and to provide for the court to order additional alternative means of service.
419 Paragraph (e)
(4)(5) was amended, effective March 1,
2011, to increase the
420 time to deposit a copy of the summons and complaint with a post office or
421 third-party commercial carrier from 10 to 14 days after the first publication of the
423 A new subdivision (f) was added, effective March 1, 1996, to provide
424 procedures for service upon a person in a foreign country. The new procedures
425 follow Rule 26(f), Fed.R.Civ.P.
426 Rule 4 was amended, effective March 1, 2011, in response to the December
427 1, 2007, revision of the Federal Rules of Civil Procedure. The language and
428 organization of the rule were changed to make the rule more easily understood and
429 to make style and terminology consistent throughout the rules.
430 Service of process under statutory methods is allowed in some
431 circumstances. Examples of service statutes include: N.D.C.C. § 10-01.1-13
432 (service of process on foreign and dissolved business entities); N.D.C.C. §
433 26.1-11-10 (service on a foreign insurance company); N.D.C.C. § 28-04.1-02
434 (service on a person agreeing by contract to be sued in North Dakota); N.D.C.C.
435 ch. 28-06.2 (service on the United States); N.D.C.C. § 39-01-11 (service on
436 non-resident motorist); N.D.C.C. § 43-07-19 (service on non-resident contractors
437 doing public work); N.D.C.C. § 52-04-12 (service on non-resident employers in
438 unemployment compensation actions); N.D.C.C. § 53-05-04 (service of process in
439 actions related to amusements).
440 SOURCES: Joint Procedure Committee Minutes of
441 ___________________; April 27, 2017, page 23; September 29-30, 2016,
442 pages 14-15, 17-20; January 31-February 1, 2013, page 12; September 27, 2012,
443 pages 7-8; January 26-27, 2012, pages 12-13; April 29-30, 2010, pages 5-6; May
444 21-22, 2009, pages 44-45; April 27-28, 2006, pages 11-14; January 30-31, 2003,
445 pages 6-10; September 26-27, 2002, pages 15-18; April 30-May 1, 1998, pages 3,
446 8, and 11; January 29-30, 1998, pages 17-18; September 25-26, 1997, page 2;
447 January 30, 1997, pages 6-7, 10-12; September 26-27, 1996, pages 14-16; January
448 26-27, 1995, pages 7-8; April 20, 1989, page 2; December 3, 1987, pages 1-4 and
449 11; May 21-22, 1987, page 5; November 29, 1984, pages 3-5; September
450 30-October 1, 1982, pages 15-18; April 15-16, 1982, pages 2-5; December 11-12,
451 1980, page 2, October 30-31, 1980, page 31; January 17-18, 1980, pages 1-3;
452 November 29-30, 1979, page 2: October 27-28, 1977, page 10; April 8-9, 1976,
453 pages 5-9; Fed.R.Civ.P. 4.
454 STATUTES AFFECTED:
455 SUPERSEDED: N.D.C.C. chs. 28-06, 28-06.1.
456 CONSIDERED: N.D.C.C. ch. 28-06.2; N.D.C.C. §§ 10-01.1-13;
457 26.1-11-10; 28-04.1-02; 39-01-11; 43-07-19; 52-04-12; 53-05-04.
458 CROSS REFERENCE: N.D.R.Civ.P. 5 (Service and Filing of Pleadings
459 and Other Papers), N.D.R.Civ.P. 6 (Time); N.D.R.Civ.P. 12 (Defenses and
460 objections - When and how presented - By pleading or motion - Motion for
461 judgment on pleadings); N.D.R.Civ.P. 45 (Subpoena), and N.D.R.Civ.P. 81
462 (Applicability In General); N.D.R.Ct. 8.4 (Summons in Action for Divorce or