N.D. R. Juv. proce. 6

As amended through March 18, 2024

Rule 6 - SERVICE OF SUMMONS

(a) Personal Service.

(1) If a party to be served with a summons is within this state and can be found, the summons must be served on the party under Rule 4 of the North Dakota Rules of Civil Procedure at least twenty-four hours before the hearing.

(2) If the party is within this state and cannot be found, but the party's address is known or can with reasonable diligence be ascertained, the summons may be served upon the party by sending a copy by any form of mail or third-party commercial delivery addressed to the party and requiring a signed receipt and resulting in delivery to the party at least five days before the hearing.

(3) If the party is outside this state but can be found or the party's address is known, or the party's whereabouts or address can with reasonable diligence be ascertained, service of the summons may be made either by delivering a copy to the party personally or sending a copy to the party by any form of mail or third-party commercial delivery addressed to the party and requiring a signed receipt and resulting in delivery to the party at least five days before the hearing.

(b) Service by Publication. If after reasonable effort the party cannot be found or the party's post-office address ascertained, whether the party is within or without this state, the court may order service of the summons upon the party by publication;

(1) in a newspaper under Rule 4(e) of the North Dakota Rules of Civil Procedure; or

(2) on a website designated by the court for that purpose:

(A) the summons must be posted on the website for three consecutive weeks;

(B) proof of posting on the website must be made by certification attaching a copy of the posted summons and the dates of posting;

The hearing must not be earlier than five days after the date of the last publication in a newspaper or on the website.

(c) Server Qualifications. Service of the summons may be made by any suitable person under the direction of the court.

(d) Payment of Costs. The court may authorize the payment from state funds of the costs of service and of necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing.

N.D. R. Juv. proce. 6

Effective Date 3/1/2010; amended effective 10/1/2019; 7/1/2021.

Explanatory Note

Rule 6 was adopted effective March 1, 2010, amended effective October 1, 2019; explanatory note amended effective 7/1/2021.

Subdivision (b) was amended, effective October 1, 2019, to allow service by publication on a website designated by the court.

SOURCES: Juvenile Policy Board Minutes of June 11, 2021; July 31, 2019, page; June 21, 2019, page 2; February 20, 2009; December 5, 2008; August 8, 2008; May 9, 2008; February 29, 2008; September 21, 2007; April 20, 2007. Joint Procedure Committee Minutes of April 26, 2019, pages 12-14.

STATUTES AFFECTED:

CONSIDERED: N.D.C.C. §§ 27-20.3-12; 27-20.4-13.

CROSS REFERENCE: N.D.R.Civ.P. 4 (Personbs Subject to Jurisdiction -Process - Service).