RULE 7. SERVICE AFTER SUMMONS

Effective Date: 3/1/2010

(a) In General. After the original summons has been served and jurisdiction has been established, service of papers in a juvenile proceeding may be made under this rule.

(b) Serving an Attorney. If a party is represented by an attorney, service under this rule must be made on the attorney unless the court orders service on the party.

(c) Means of Service. A paper is served under this rule by:

(1) handing it to the person;
(2) leaving it:
(A) at the person's office with a clerk or other person in charge or, if no one is in charge, in a conspicuous place in the office; or
(B) if the person has no office or the office is closed, at the person's dwelling or usual place of abode with someone of suitable age and discretion who resides there;
(3) mailing it to the person's last known address—in which event service is complete upon mailing;
(4) if no address is known, and on order of the court, leaving it with the clerk of the court;
(5) sending it by electronic means if the person consented in writing—in which event service is complete upon transmission, but is not effective if the serving party learns that it did not reach the person to be served; or
(6) delivering it by any other means that the person consented to in writing—in which event service is complete when the person making service delivers it to the agent designated to make delivery.

Rule 7 was adopted effective March 1, 2010.

Administrative Order 16 governs service by electronic means.

SOURCES: Juvenile Policy Board Minutes of February 20, 2009; December 5, 2008; August 8, 2008; May 9, 2008; February 29, 2008; September 21, 2007; April 20, 2007.

CROSS REFERENCE: N.D.Sup.Ct.Admin.Order 16 (Electronic Filing Pilot Project for the District Courts).

Effective Date Obsolete Date
03/01/2010 View