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Starting a District Court Civil Action

What is a Civil Action, or Civil Case?

A civil action is a court case involving non-criminal, or civil, matters.

In general, a civil matter is a private dispute or issue between people or organizations. When a civil matter is brought in North Dakota state court, it’s called a civil action.

Civil actions are also called civil cases.

Common examples of civil actions in state court are small claims court cases, divorce, custody disputes, debt collection, property disputes, probate of an estate, and contract disputes.

Civil actions may result in the state court judge or judicial referee telling a party in the case to fulfill a duty, or make compensation for harm done, or both. Civil actions don’t result in jail time.

Overview

In North Dakota, a state district court civil action, or case, starts with service of a summons on the Defendant. A copy of the complaint must be served with the summons. Filing a summons and complaint with the state district court doesn't start a civil action.

The party who starts a civil action with service of a summons and complaint is called the Plaintiff. The party who is served a summons and complaint requesting civil legal action against them is called the Defendant.

Summons

A summons directs the Defendant to answer the complaint within a certain amount of time. The summons notifies the Defendant that a default judgment will be taken against them if the Defendant doesn't answer within the deadline.

Complaint

A complaint is a written demand or request for judgment for the relief the Plaintiff is seeking. The complaint describes in short, plain statements the claim, or claims, showing that the Plaintiff is entitled to relief, and a demand for relief.

Service of the Summons and Complaint

Service to start a civil action, also called service of process, requires delivery of a copy of the summons and the complaint to the Defendant. The Plaintiff is required to notify the Defendant of the claims and to give the Defendant time to respond.

The proof of service to start a civil action tells the North Dakota state district court when, how, and where the Defendant was served. An affidavit of service, declaration of service, or certificate of service gives the court proof of service.

Defendant’s Answer

The Defendant has twenty-one (21) days after service of the Summons and complaint to respond or “answer” the complaint in writing. See Answering a Summons and Complaint for more information about the process.

If the Defendant answers, the civil action moves forward. See Guide to a Civil Action, or Civil Case for more information about the process.

If the Defendant doesn’t answer, the Plaintiff may request (make a motion) for a default judgment. If the Plaintiff proves the Defendant defaulted, and proves the claims in their complaint, the judge or judicial referee may grant the Plaintiff a default judgment without the Defendant’s involvement. The judgment has the same effect as a judgment granted with the Defendant’s involvement.

Forms and Guides for Starting a District Court Civil Action

North Dakota Legal Self Help Center forms aren’t official court forms and courts aren’t required to accept them. There’s no guarantee that all judges and courts will accept forms available through the Center. Use at your own risk.

Forms aren't available for every legal issue, procedure or circumstance in a district court civil action.  If you don't find the form on this website, the form isn't available through the North Dakota Legal Self Help Center.

You may need to create legal documents yourself.  The General-Use forms below may be used as a starting point for creating your own documents for starting a North Dakota state district court civil case.

Informational Guide:

Checklists and General Use Forms:

Selected Statutes (Laws) & Rules

Following are legal research starting points related to starting a district court civil action. You may need to conduct additional legal research into your legal issue.  See the Legal Research Section of this website.

Other Resources

Following are other resources related to starting a district court civil action that may be of interest.

If you don't understand any of this information, or if you have trouble filling out any of the forms located here, consult a lawyer.

The information provided on and obtained from this site doesn't constitute the official record of the Court. This information is provided as a service to the general public. Any user of this information is hereby advised that it is being provided "as is". The information provided may be subject to errors or omissions. Visitors to this site agree that the Court isn't liable for errors or omissions of any of the information provided.

If you have a question relating to a case that is already filed please contact the clerk of court for the county.