Need a North Dakota process server? A North Dakota civil action starts the moment the summons is served, and the proof of service is filed with the complaint afterward, so service is the first step of the case. Rule 4(d)(1) lets any person of legal age who is not a party to the action and has no interest in it serve the summons in the state. Served 123 LLC arranges North Dakota service in all 53 counties through local process servers, with up to three attempts per address, and you receive the server’s declaration of service stating the date, time, place and manner of service.
Upload the signed, dated summons and the complaint online, day or night, with the North Dakota address where the person or company can be found.
A written quote for that North Dakota county, with cost and turnaround, arrives before any work starts.
You receive the server’s declaration of service, giving the date, time, place and manner of service as Rule 4(j) requires, ready to go in with the complaint.
Request a free written quote. Each address starts in North Dakota. Serving someone in another state? Change the first address’s State and we take you to that state’s page with your entries kept.
North Dakota return: the server’s declaration of service under N.D.R.Civ.P. 4(i)(2), stating the date, time, place and manner of service and the Rule 4(j)(2) statements, signed under penalty of perjury in the N.D.C.C. § 31-15-05 form; one declaration for each person served.
Under Rule 3, a North Dakota action is commenced by service of the summons, so there is no filing date to count a service deadline from. The plaintiff serves first, then files the complaint with the proof of service under Rule 5.
Two clocks can still run. If the summons is delivered to the sheriff of the defendant’s county to hold a limitation date, N.D.C.C. § 28-01-38 needs service or first publication within sixty days. And a served defendant may demand that the complaint be filed; Rule 5 voids the service if it is not filed within 20 days after the demand is served.
North Dakota service runs on Rules 3, 4, 5, 6 and 45 of the North Dakota Rules of Civil Procedure and Rule of Court 5.1, with entity service in N.D.C.C. ch. 10-01.1 and unsworn declarations in ch. 31-15.
Service must be made on an individual 14 or more years of age by: delivering a copy of the summons to the individual personally; leaving a copy of the summons at the individual’s dwelling or usual place of residence in the presence of a person of suitable age and discretion who resides there.
Rules verified October 2026 against the North Dakota Rules of Civil Procedure (Rules 3, 4, 5, 6 and 45) and the North Dakota Rules of Court (Rule 5.1) as published by the North Dakota Supreme Court, the North Dakota Century Code chapters cited on this page as published by the North Dakota Legislative Branch, and the Legal Self Help Center’s service guide, Declaration of Service by Personal Delivery, Admission of Service form and out-of-state subpoena guide. General information, not legal advice. The rule or statute controls.
Rule 4(d)(2) names who receives the summons for each kind of defendant, and Served 123 arranges all of the North Dakota routes below under one order: delivery in hand or at the dwelling, entities and their agents, the Secretary of State, publication, signed-receipt mail, and defendants in another state or country. What it leaves out is service by the sheriff and the defendant’s own written admission.
Every route above, one order.
Get a Free Quote Online →Rule 4(i) accepts an officer’s certificate when a sheriff serves, the server’s declaration of service when anyone else does, a declaration of mailing or delivery with the return receipt, a publication declaration under § 31-04-06 together with a declaration that the summons and complaint were mailed or sent to the defendant’s last reasonably ascertainable address, or the defendant’s written admission. Since 2021 the rule says declaration, not affidavit, because chapter 31-15 gives an unsworn declaration the effect of a sworn one. Rule 4(j) sets the contents, and the court’s Declaration of Service by Personal Delivery follows them, one declaration for each person served.
If proof of service is not filed, the court will not act on the case, and the court may allow a proof to be amended on notice and just terms (Rule 4(h)).
For law firms, collection and corporate legal teams, agencies and self-represented parties with a defendant anywhere from Fargo to Williston.
Upload the signed, dated summons and the complaint online, day or night, with the North Dakota address where the person or company can be found.
A written quote for that North Dakota county, with cost and turnaround, arrives before any work starts.
A local process server who meets Rule 4(d)(1) works the address and records the date, time and observations of every attempt.
You receive the server’s declaration of service, giving the date, time, place and manner of service as Rule 4(j) requires, ready to go in with the complaint.
North Dakota sets no fixed number of days to serve after filing, because service comes first: the action begins when the summons is served, and the proof is filed with the complaint. Two clocks still matter. A summons handed to the sheriff to hold a limitation date needs service within sixty days (§ 28-01-38), and a served defendant’s demand to file starts 20 days to file the complaint (Rule 5). Preferred, Next-Day and Same-Day set when the first attempt is made; a first attempt is not service.
What You Get Back
From Pembina County in the northeast corner to Bowman County in the southwest, find your county on the map or in the list to start a quote.
Each answer cites the North Dakota rule or statute it rests on. General information, not legal advice.
When the summons is served. Rule 3 makes service of the summons the start of a civil action, and for limitations purposes § 28-01-38 treats the action as commenced against each defendant on that defendant’s service. The plaintiff then files the proof of service along with the complaint, and a served defendant may demand filing, which voids the service if the complaint is not filed within 20 days after the demand is served. If a limitation period is close, ask counsel.
Copy LinkAny person of legal age, 18 in the court’s guide, who is not a party and has no interest in the action, or a sheriff, whose proof is an officer’s certificate of service. Served 123 LLC arranges service through local process servers who meet Rule 4(d)(1), and the server signs a declaration of service, not a sheriff’s certificate.
Copy LinkYes, if that person is of suitable age and discretion and lives at the defendant’s dwelling or usual place of residence. North Dakota also allows one option few states have: delivering the summons to the defendant’s spouse at the office of the process server, when the spouses live together. The court’s declaration form records that the papers were left with a person of suitable age and discretion who lives at the same address.
Copy LinkMail or third-party commercial delivery is valid only with a signed receipt showing delivery to the person served; a refusal of restricted-delivery mail counts as delivery, but unclaimed mail is not service. Email and fax are not service under Rule 4 unless a court orders another method for service outside the state or abroad. Without a signed green card, the court’s guide sends the plaintiff back to personal service or an admission of service.
Copy LinkProcess can go to a governor of the LLC or to any responsible person found at the registered office or the principal executive office in North Dakota. If the entity no longer has a registered agent, or no one can be served with reasonable diligence, the Secretary of State becomes its agent: three copies and the filing fee set by § 10-01.1-03 go by registered mail or personal delivery, with a sheriff’s return or a non-party’s affidavit saying no one could be found, and the process is returnable in not less than thirty days.
Copy LinkThe date, time, place and manner of service; that the server is of legal age and neither a party nor interested in the action; and that the server knew the person served was the one named and intended. It is unsworn, signed under penalty of perjury under the law of North Dakota as chapter 31-15 provides, with the same effect as a sworn statement, and the court’s form calls for a separate declaration for each person served.
Copy LinkIt can. Section 28-01-38 treats delivery of the summons to the sheriff or other officer of the county where a defendant usually or last resided, with the intent that it be actually served, as an attempt to commence the action, but service or first publication must follow within sixty days. Rule 3 says an action is not commenced for tolling purposes except as that section provides, and § 28-01-39 lets a defendant raise untimeliness only by answer.
Copy LinkOnly in the actions Rule 4(e)(1) lists and only after a complaint and a declaration are filed with the clerk, for example a declaration that after diligent inquiry personal service cannot be made in North Dakota. The summons is published once a week for three successive weeks in a county newspaper, a copy is mailed or sent within 14 days of the first publication, and the first publication must come within 60 days after the declaration is filed. Publication service is complete fifteen days after the first run.
Copy LinkNo. Only a North Dakota clerk of court can issue it under Rule of Court 5.1; out-of-state parties and their lawyers may not. The request goes to the clerk in the county where discovery is sought, and for a deposition, the county where it takes place. The clerk’s packet calls for a copy of the foreign subpoena and a clerk’s fee at minimum, and depending on the county the clerk either signs a completed, unsigned subpoena you submit or issues one signed and blank for the requesting party to complete. In a civil case, service then follows Rule 45(b) and the Rule 4(d) methods.
Copy LinkYes, when it requires attendance: one day’s attendance fee plus mileage and travel expense allowed by law must be tendered with it, or the witness need not obey. The witness gets the statutory witness fee and mileage under N.D.C.C. § 31-01-16, which ties mileage and travel reimbursement to the state-employee rates. No tender is needed when the state or a political subdivision will pay, and a North Dakota resident can be required to attend a deposition only in the county where the person lives, works or does business in person, or where the court orders.
Copy LinkUpload the summons and complaint with the address. You get a written quote before any work begins.