The North Dakota legal process encompasses the rules, procedures, and requirements governing civil actions in North Dakota district courts. Whether you're starting a lawsuit, responding to legal claims, or navigating court proceedings, understanding the North Dakota rules of civil procedure and proper service requirements ensures your case proceeds correctly through the legal system.
North Dakota Rules of Civil Procedure
The North Dakota Rules of Civil Procedure establish the framework for all civil actions in North Dakota district courts. These rules govern everything from filing initial documents to conducting trials and enforcing judgments. The rules ensure fairness, consistency, and due process throughout legal proceedings.
Starting a Civil Action in North Dakota
Beginning a civil action requires proper preparation and filing of specific legal documents. Before starting legal action, you should contact an attorney to determine what you want to accomplish and identify the best method to achieve those goals.
Determining Your Claims
When you meet with an attorney, they'll evaluate your circumstances and determine which legal claims fit your situation. From those circumstances, a Complaint will be created setting forth the basic facts of your case and the legal claims made. The Complaint forms the foundation of your civil action.
The Summons and Complaint
The Summons informs the opposing party how long they have to respond after being served with the Complaint. In North Dakota, these documents must be served on the opposing party before the case formally begins. The Summons must specify the venue of the court, contain the title of the action with parties' names, be directed to the defendant, state the time for the defendant to appear and defend, notify the defendant that failure to respond results in default judgment, and be dated and subscribed by the plaintiff or plaintiff's attorney with post office address included.
Filing Requirements
In North Dakota, you are not required to immediately file the Summons and Complaint with the court after serving them. An attorney can explain the advantages and disadvantages of immediately filing or delaying filing with the district court. However, clerks of court cannot accept divorce summons and complaints for filing without proof they were already served on the defendant.
Service of Process Requirements
Proper service of process is critical in the North Dakota legal process. Service means delivering copies of legal documents to other parties, ensuring they receive notice of legal proceedings and can respond appropriately.
Who Can Serve Process
Service of all process may be made within the state by any person of legal age not a party to nor interested in the action. Outside the state, service may be made by any person who may serve under North Dakota law, under the law of the place where service is made, or who is designated by a North Dakota court.
A process server does not need to be licensed in North Dakota, but must meet the basic requirements of being of legal age and not a party to or interested in the action.
Methods of Service Within North Dakota
Personal service within the state must follow specific procedures depending on who is being served. For individuals 14 or older, service can be accomplished by delivering a copy personally to the individual, leaving a copy at the individual's dwelling with a person of suitable age and discretion residing there, delivering a copy to the individual's spouse at the process server's office if spouses reside together, delivering to an authorized agent, or using any form of mail or commercial delivery requiring a signed receipt.
For individuals under 14, service must be made on the guardian, or if no guardian exists, to the father, mother, or person having care or control. For corporations, partnerships, or unincorporated associations, service can be made on officers, directors, managing agents, partners, authorized agents, or persons in charge of any office within the state, or by mail or commercial delivery requiring signed receipt.
Service Outside North Dakota
Service upon persons subject to North Dakota court jurisdiction may be made outside the state in the manner provided for service within North Dakota with the same force and effect as if made within the state, in the manner prescribed by the law of the place where service is made, or as directed by court order.
Service by Publication
When personal service cannot be accomplished, service by publication may be authorized in specific situations. Before service by publication is allowed, a complaint and affidavit must be filed stating that after diligent inquiry, personal service cannot be made, explaining why publication is appropriate.
Service by publication requires publishing the summons three times, once each week for three successive weeks, in a newspaper in the county where the action is pending. A copy of the summons and complaint must also be mailed to the defendant's last reasonably ascertainable address within 10 days after first publication.
Service in Foreign Countries
Service in a foreign country follows specific procedures including internationally agreed means such as the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents. Service in foreign countries can be confusing and difficult, so consulting a lawyer is recommended when serving someone abroad.
The Hague Convention provides standardized methods for serving legal documents across international borders, ensuring proper notice while respecting the sovereignty of foreign nations.
Response to Legal Action
After being served with a summons and complaint, the defendant has specific timeframes and requirements for responding.
The Answer
The opposing party, also called the defendant or respondent, has 21 days to serve a response known as an Answer to the summons and complaint. In the Answer, the defendant offers their side of the story and raises possible defenses to the plaintiff's claims. If the defendant fails to answer within 21 days, the plaintiff can file a motion for default judgment.
Counterclaims
The defendant can also raise what is known as a Counterclaim—a legal claim against the plaintiff. If a Counterclaim is raised, the plaintiff has 21 days to file an Answer to the Counterclaim. This creates reciprocal obligations and allows both parties to present their claims in a single proceeding.
Proof of Service Requirements
Proof of service demonstrates to the district court when, how, and where other parties were served. Without filed proof of service, the court won't take action on your case.
Types of Proof of Service
Proof of service must be made according to North Dakota rules. If served by sheriff or other officer, proof consists of the officer's certificate of service. If served by any other person, proof consists of the server's affidavit of service. If served by publication, proof includes an affidavit as provided by North Dakota Century Code Section 31-04-06 and an affidavit of mailing.
For service by mail or commercial delivery, proof consists of an affidavit of mailing or delivery with return receipt attached. Proof can also be established by the defendant's written admission of service.
Content Requirements
The certificate, affidavit, or admission of service must state the date, time, place, and manner of service. If process is served personally by someone other than the sheriff, the affidavit must also state that the server is of legal age, not a party to the action, not interested in the action, and knew the person served to be the person named and intended to be served.
Service After a Case Has Started
Once a civil action has begun through service of the summons and complaint, different rules govern service of subsequent documents. Service of pleadings, motions, and other papers after the case starts follows different procedures the initial service of process.
Documents filed after the case begins must be served on all parties who have appeared in the action. Service methods for these documents are typically less formal than initial service requirements and may include mail, electronic service, or hand delivery ,depending on circumstances and agreements between parties.
Small Claims Court Alternative
For collecting on unpaid bills less than $15,000, small claims court may be the best method. This process starts by filing and serving a claim affidavit on the opposing party. Small claims court proceedings typically don't require an attorney, though some circumstances may benefit from legal representation.
Many circumstances aren't appropriate for small claims court, primarily when damages exceed $15,000 or when certain legal claims require district court jurisdiction.
Jurisdiction in North Dakota Courts
North Dakota courts may exercise personal jurisdiction over persons found within, domiciled in, organized under North Dakota laws, or maintaining a principal place of business in North Dakota as to any claim for relief. Courts may also exercise jurisdiction based on contacts with North Dakota when the exercise of jurisdiction doesn't offend traditional notions of justice or fair play.
This includes jurisdiction over persons transacting business in North Dakota, contracting to supply services or goods in the state, committing torts within or without the state, causing injury in North Dakota, owning or using property in North Dakota, or engaging in other activities within the state.
Legal Self-Help Resources
The North Dakota Legal Self-Help Center provides resources to people who represent themselves in civil matters in North Dakota state courts. The information isn't intended as legal advice but serves as a general guide to the civil court process.
The Self Help Center offers forms, instructions, and information about court procedures. However, forms aren't available for every legal issue or circumstance. If you don't find appropriate forms, you may need to create your own legal documents using general-use forms as starting points.
Important Limitations
The North Dakota Legal Self Help Center isn't your lawyer and cannot be your lawyer. There is no lawyer-client privilege or confidentiality for information shared with Center staff. Staff members are neutral and impartial and may provide services to all parties in cases. Center staff aren't responsible for case outcomes.
When to Contact an Attorney
If you're unsure about whether you should use self-help information, please contact a licensed attorney. Legal advice depends on the specific circumstances of each situation and can only be provided by a lawyer to their client. Consulting an attorney helps ensure you understand your rights, follow proper procedures, and achieve the best possible outcome in your legal matter.
The North Dakota legal process provides structured procedures ensuring fairness and due process in civil actions. From filing the initial summons and complaint through service of process requirements and response deadlines, understanding these procedures helps parties navigate the district court system effectively. Whether serving documents through a process server, complying with the Hague Convention for international service, or following North Dakota rules of civil procedure for domestic cases, proper adherence to legal process requirements ensures your case proceeds smoothly toward resolution. For questions about specific procedures or requirements, please contact the clerk of court for your county or consult with an attorney experienced in North Dakota civil procedure.