North Dakota Rules of Civil Procedure

North Dakota's rules for serving a summons are in the North Dakota Rules of Civil Procedure, mainly Rule 4. North Dakota doesn't license process servers.

In North Dakota, a civil case starts when the summons is served, not when it's filed with the court (Rule 3). That makes the server's work the first official step in most cases.

Disclaimer: Laws change, and this page is a plain-language summary, not legal advice. Check the current rules on the North Dakota Court System site or ask an attorney before relying on it.

North Dakota process servers

• Become a process server in North Dakota
• Hire a process server in North Dakota

Quick facts: process serving in North Dakota

• Who can serve: Anyone of legal age who isn't a party to the case and has no interest in it (Rule 4(d)(1)).
• Licensing: No state license or registration for process servers.
• Deadline to serve: Rule 4 sets no deadline for ordinary service. The case starts when the summons is served (Rule 3), so the statute of limitations is the practical limit. For publication, the first publication must be within 60 days of filing the declaration (Rule 4(e)(6)).
• Substituted service: Leave the summons at the defendant's home with a person of suitable age and discretion who lives there (Rule 4(d)(2)(A)(ii)).
• Proof of service: A private server signs a declaration of service (Rule 4(i)).
• Time to respond: 21 days after service of the summons and complaint (Rule 12(a)).

Process-serving software: ServeManager

ServeManager is process-serving software used by agencies across North Dakota. It tracks every attempt with date, time, GPS and photos, and generates declarations of service from the job.

Register for ServeManager

Do you need a license to serve process in North Dakota?

No. North Dakota doesn't license or register process servers. Under Rule 4(d)(1), anyone of legal age can serve in North Dakota if they aren't a party and aren't interested in the case. Outside North Dakota, service can be made by anyone allowed to serve under North Dakota law or the law of the place where service is made, or by a person the court designates.

For a step-by-step guide, see Become a Process Server in North Dakota.

How to serve a summons in North Dakota

Personal service: Rule 4(d)(2)(A)(i)

Hand a copy of the summons to the defendant. This applies to anyone 14 or older.

Substituted service at the home: Rule 4(d)(2)(A)(ii)

Leave a copy at the defendant's dwelling or usual place of abode with a person of suitable age and discretion who lives there.

Service on a spouse at the server's office: Rule 4(d)(2)(A)(iii)

A copy can be delivered to the defendant's spouse at the office of the process server, if the spouses live together.

Service on an agent: Rule 4(d)(2)(A)(iv) and (G)

Deliver a copy to an agent authorized by appointment or by law to receive service. If the agent isn't expressly authorized, the summons and complaint must also be mailed or sent by commercial carrier to the defendant, return receipt requested, within 10 days.

Mail or commercial carrier: Rule 4(d)(2)(A)(v)

Send the summons by any form of mail or third-party commercial delivery addressed to the defendant that requires a signed receipt and results in delivery to the defendant. If the defendant refuses a delivery restricted to them, the refusal counts as delivery. Unclaimed mail doesn't count as service (Rule 4(l)).

Email and fax aren't allowed for service of a summons. The explanatory note to Rule 4 says "commercial carrier" doesn't include electronic delivery.

Service outside North Dakota: Rule 4(d)(3)

A defendant outside the state can be served the same way as in North Dakota, under the law of the place where service is made, or as the court orders. Personal service outside the state is complete 15 days after service (Rule 4(g)). Service in another country follows Rule 4(f) and the Hague Service Convention where it applies.

Service by publication: Rule 4(e)

Publication is only allowed in the situations listed in Rule 4(e)(1), such as cases about property in North Dakota, foreclosures, divorce and parenting rights. Before publishing, the plaintiff files the complaint and a declaration with the clerk.

• Publish once a week for three weeks in a row in a newspaper in the county where the case is pending (Rule 4(e)(3)).
• Mail or send by commercial carrier a copy of the summons and complaint no later than 14 days after the first publication (Rule 4(e)(4)).
• The first publication must happen within 60 days after the declaration is filed (Rule 4(e)(6)).
• Service is complete 15 days after the first publication (Rule 4(g)).

See What is service by publication?

Serving businesses and other entities

• Corporations, partnerships and associations (Rule 4(d)(2)(D)): Deliver a copy to an officer, director, superintendent, managing or general agent, partner, or an agent authorized to receive service. If the sheriff's return shows no one can be found in the county, leave a copy at any of the entity's offices in North Dakota with the person in charge. Mail or commercial delivery with a signed receipt also works.
• Cities, counties, school districts and other public bodies (Rule 4(d)(2)(E)): Deliver a copy to any member of the governing board.
• The State of North Dakota (Rule 4(d)(2)(F)): Deliver a copy to the governor, the attorney general or an assistant attorney general. For a state agency, serve its managing head or the attorney general or an assistant attorney general.

Look up registered agents with the North Dakota Secretary of State.

Serving a subpoena in North Dakota

A subpoena is served under Rule 4(d), the same as a summons, and can be served anywhere in North Dakota (Rule 45(b)). If the subpoena requires the person to attend, the fee for one day's attendance plus mileage and travel expenses must be tendered with it. If they aren't, the witness doesn't have to obey. Tender isn't required when the state or a political subdivision will pay.

Proof of service

Under Rule 4(i) and (j):

• Sheriff: a certificate of service
• Private server: a declaration of service
• Mail or commercial carrier: a declaration of mailing or delivery, with the return receipt attached
• Publication: a declaration of publication plus a declaration of mailing or delivery

Every proof must state the date, time, place and manner of service. A private server's declaration must also say the server is of legal age, isn't a party to or interested in the case, and knew the person served was the person named in the papers.

Since March 1, 2021, Rule 4 uses declarations instead of affidavits, matching North Dakota's unsworn declaration law (N.D.C.C. chapter 31-15). A declaration is signed under penalty of perjury and doesn't need a notary. The rule was last amended effective March 1, 2024, which clarified the publication mailing step and the proof requirements.

Hire a North Dakota process server

Find process servers across the state in the North Dakota process server directory.

More North Dakota resources

• Become a Process Server in North Dakota
• Courts in North Dakota
• North Dakota Rules of Civil Procedure (North Dakota Court System)

This page is a general overview of North Dakota law, not legal advice. Laws change. Check the current rules or talk to an attorney about your case.