In the state of
North Dakota, no process server license is required. Service of all process may be completed by any person of legal
age not a party to nor interested in the action.
Table of Contents
NORTH
DAKOTA RULES OF CIVIL PROCEDURE:
SERVICE
AND FILING (RULE 4.2 SERVICE OF PROCESS AND OTHER PAPERS)
PROOF
OF SERVICE (RULE 4.2 SERVICE OF PROCESS AND OTHER PAPERS)
SERVICE
OUTSIDE OF DISTRICT (RULE 4.2 SERVICE OF PROCESS AND OTHER PAPERS)
FAILURE
TO FILE (RULE 5.1 FILES AND FILING)
WITHDRAWAL
OF ORIGINAL RECORDS AND PAPERS (RULE 5.1 FILES AND FILING)
FORM
OF PAPERS (RULE 5.1 FILES AND FILING)
FILING
OF PLEADINGS REQUIRING LEAVE OF COURT (RULE 5.1 FILES AND FILING)
FILING
COMPLAINTS IN SOCIAL SECURITY CASES (RULE 5.1 FILES AND FILING)
SEALED
DOCUMENTS AND FILES (RULE 5.1 FILES AND FILING)
SERVICE AND FILING (RULE 4.2
SERVICE OF PROCESS AND OTHER PAPERS)
Issuance, filing, and service of process and other papers must be
made as provided in Fed. R. Civ. P. 4 and 5, and Local Rule 5.1.
(1) Service by the United States Marshal. If service is to be made
by the United States Marshal pursuant to the appropriate provisions of Fed. R.
Civ. P. 4, the request must be accompanied by a completed USM-285 form
(available from the United States Marshal or the clerk). The clerk must issue
the summons or other process requested and deliver it to the United States
Marshal for service.
(2) Service by Persons Specially Appointed. Requests for service
by persons specially appointed pursuant to Fed. R. Civ. P. 4(c)(1) or 4(c)(2),
must be made in writing and must include the full name and address of the
individual to be appointed. General appointments of process-server firms cannot
be made.
PROOF OF SERVICE (RULE 4.2 SERVICE OF PROCESS AND OTHER PAPERS)
To ensure the effective monitoring of cases pending before this
court, proof of service in the form required by the Federal Rules of Civil
Procedure, must be filed promptly with the clerk. Service must not be made by
facsimile machine unless otherwise ordered by the court.
In petitioning this court for an order permitting service upon
persons residing outside of the District of North Dakota, the petitioner must
state the authority upon which the petition for such service is based and
submit a proposed order. See, Fed. R. Civ. P. 4, (e) and (f).
If a party to an action fails to file within a reasonable time
after service, any of the papers required by Fed. R. Civ. P. 5(d), the court may
order the papers stricken and their service to be of no effect.
All persons must obtain (1) an order of a
judicial officer of this court and (2) leave a proper receipt with the clerk,
prior to withdrawing any original pleading, paper, record, model or exhibit
from the custody of the clerk or other officer of this court; except, upon
direction of the court, the clerk may return exhibits to counsel, who are
responsible for retention and safekeeping for the duration of all subsequent
proceedings.
(1) All pleadings, papers, and documents for filing in this court
must be on standard size (8 1/2" x 11") paper, properly paginated at
the bottom of each page.
(2) Text must appear on one side of the page with a minimum margin
of one and a half inches (1 1/2") at the top of the paper for binding. All
text must be typeset with 11-point font or larger and be double spaced, except
the title of the case and quoted material may be single spaced. Names must be
typed or printed under all signatures.
(3) All papers offered for filing, after the initial pleading,
must bear the file number assigned to the case.
(4) Backing or manuscript covers must not be fastened to any
papers tendered for filing.
(5) Multiple page documents must be firmly bound together with a
staple at the upper left corner of the document.
(6) Duplicate originals must be tendered if such documents are to
be filed in more than one case.
(7) All copies of documents for service must completely conform to
the originals before submission to the clerk for filing.
(8) All corrections in papers submitted for filing must be made by
the attorneys.
(9) Prisoner petitions under 42 U.S.C. § 1983 and applications
under 28 U.S.C. §§ 2254/2255 may be on forms provided by the clerk pursuant to
the rules of the Judicial Conference of the United States.
(10) All documents submitted for filing must be in pleading
format, each containing the venue, case title and file number. See, Fed. R.
Civ. P. 10(a).
(11) All proposed orders submitted with motions or responsive
memoranda must be drafted as separate instruments and must be in pleading
format, containing the venue, case title and file number.
(12) No filings may be made by facsimile unless ordered by the
court.
A party filing a motion for leave of court to file pleadings, must
lodge the original proffered pleading with the clerk, along with a proposed
order. If leave to file is granted by the court, the clerk will immediately
file the original pleading.
Complaints filed in civil cases, pursuant to section 405(g) of the
Social Security Act, 42 U.S.C. § 405(g), for benefits under Titles II, XVI and
XVIII of the Social Security Act must contain, in addition to what is required
under Fed. R. Civ. P. 8(a), the following information:
(1) The Social Security number of the worker on whose wage record
the application for benefits was filed (who may or may not be the plaintiff),
in cases involving claims for retirement, survivors, disability and health
insurance.
(2) The Social Security number of the plaintiff, in cases
involving claims for supplemental security income benefits.
(1) The clerk must return documents filed under seal in civil
actions to the party submitting them, upon entry of a final judgment or
termination of appeal, if any, unless otherwise ordered by the court.
(2) The clerk must retain custody of documents filed under seal in
criminal cases, unless otherwise ordered by the court.
(3) The clerk must retain custody of entire files which are
permanently sealed by statute or court order.
In North Dakota,
lobbyists and state officials are always active in transforming laws concerning
civil procedure. As a result, state
information offered on our website may have been amended recently. For contemporary process serving and civil
statutes, visit the official North Dakota Judicial System Court website: http://www.ndd.uscourts.gov/
