Process Server Laws in North Dakota

N.D.R.Crim.P. Rule 4; N.D.C.C. 29-06-01

Arrest warrants in North Dakota are issued by a magistrate upon probable cause under N.D.R.Crim.P. Rule 4. The warrant must name or describe the defendant and specify the offense charged. Warrants are directed to and executed by any law enforcement officer in the state. Private process servers have no authority to execute criminal arrest warrants in North Dakota.

N.D.R.Crim.P. Rule 17; ND R Civ P 4(d)(1)(A)

Criminal subpoenas in North Dakota are governed by N.D.R.Crim.P. Rule 17. Subpoenas may be served by any person who is of legal age and not a party to or interested in the action, consistent with ND R Civ P 4(d)(1)(A). Service is made by delivering a copy to the witness personally. Private individuals and process servers may serve criminal subpoenas without any special license or certification.

N.D.R.Crim.P. Rule 4; N.D.C.C. 29-04-04

A criminal summons in North Dakota may be issued in lieu of an arrest warrant under N.D.R.Crim.P. Rule 4. The summons commands the defendant to appear before the court at a specified time and place. Service is made by a law enforcement officer delivering a copy to the defendant personally or by leaving it at the defendant's dwelling with a person of suitable age and discretion. Certified mail may also be used for misdemeanor summons.

N.D.R.Crim.P. Rule 4(c)(4); Rule 17

The officer executing a criminal warrant must make a return to the issuing magistrate or court, endorsing the manner and date of execution on the warrant. For subpoenas, the server files a declaration of service with the court, stating the date, time, and manner of service and certifying that the server is of legal age. No license number is required since North Dakota does not license process servers.

N.D.C.C. 14-09; N.D.C.C. 14-14.1-12; ND R Civ P 4

Custody proceedings are governed by N.D.C.C. Chapter 14-09. Service on the respondent follows ND R Civ P Rule 4. North Dakota has jurisdiction under the UCCJEA (N.D.C.C. 14-14.1-12) when the state is the child's home state. The respondent has 21 days to answer. Temporary custody orders may be entered ex parte in emergency situations under N.D.C.C. 14-14.1-15.

N.D.C.C. 14-05-09; N.D.C.C. 14-05-17; ND R Civ P 4

Divorce complaints in North Dakota are filed in the district court of the county where either party resides under N.D.C.C. 14-05-09. Service follows ND R Civ P Rule 4 — personal delivery, substitute service at dwelling, or mail/third-party carrier with signed receipt. North Dakota requires 6 months of residency before filing under N.D.C.C. 14-05-17. The defendant has 21 days to answer after service.

N.D.C.C. 14-07.1-02; N.D.C.C. 14-07.1-03

Petitions for domestic violence protection orders are filed under N.D.C.C. 14-07.1-02. The court may issue a temporary protection order ex parte upon a showing of immediate danger. The order and notice of hearing must be served on the respondent by a law enforcement officer or any person authorized under ND R Civ P 4. Service must be completed before the hearing, typically within 14 days. The final order may last up to 2 years.

N.D.C.C. 27-20.4-15; N.D.C.C. 27-20.4-16

Juvenile proceedings in North Dakota are governed by N.D.C.C. Chapter 27-20.4. Summons must be served on the juvenile, parents, guardians, and custodians by personal delivery, substitute service, or mail with signed receipt. Service must be completed at least 48 hours before the hearing. If a parent cannot be found, the court may authorize service by publication under N.D.C.C. 27-20.4-16.

R. Civ. P. 4(d)

N.D. R. Civ. P. 4(d) (ND Courts Rule 4)

N.D.C.C. 30.1-19-01; N.D.C.C. 30.1-19-03

The personal representative must publish notice to creditors in the official newspaper of the county once a week for 3 successive weeks under N.D.C.C. 30.1-19-01. Known creditors must be given actual notice by mail. Creditors have 3 months from the date of first publication to present claims. The personal representative may reject claims, and the creditor has 60 days to file suit after rejection.

N.D.C.C. 30.1-28-04; N.D.C.C. 30.1-28-06

Guardianship petitions for incapacitated persons are filed under N.D.C.C. 30.1-28-04. Notice of the hearing must be personally served on the proposed ward at least 14 days before the hearing. Notice must also be given by mail to the spouse, parents, adult children, and any person or institution having care of the proposed ward. The court appoints a guardian ad litem and an attorney for the proposed ward. A professional evaluation of capacity is required.

N.D.C.C. 30.1-08-06; N.D.C.C. 30.1-04-10

A will contest must be filed in the district court within 3 years of the decedent's death under N.D.C.C. 30.1-08-06. All interested persons must be given notice. The contestant must prove improper execution, lack of testamentary capacity, undue influence, or fraud. North Dakota follows the Uniform Probate Code, which presumes the validity of a will once admitted to probate.

R. Civ. P. 4(d)(1)

None required; any legal age non-party per N.D. R. Civ. P. 4(d)(1); no agency (ServeNow)

R. Civ. P. 4(d)(1)

Legal age, not party/interested: N.D. R. Civ. P. 4(d)(1) (ND Courts Rule 4)

R. Civ. P. 4(i)-(j)

Server's declaration/affidavit under N.D. R. Civ. P. 4(i)-(j); states server legal age/not party/interested/knew identity; not necessarily notarized (ND Courts Rule 4)

North Dakota requires notarized affidavit; N.D.R.Civ.P. 4(g) governs return.

North Dakota standard practice is to file a notarized affidavit of service. N.D.R.Civ.P. 4(g) governs proof of service. The Mighty Affidavit Generator automatically includes a notary jurat block for North Dakota filings.

No specific statute; general assault laws apply (N.D.C.C. 12.1-17)

No specific statutes; standard trespass laws apply with implied license to approach door

R. Civ. P. 4(e)

N.D. R. Civ. P. 4(e) (ND Courts Rule 4)

R. Civ. P. 45(b)(1)

Civil: N.D. R. Civ. P. 45(b)(1) under Rule 4(d); Criminal: N.D. R. Crim. P. 17(d) peace officer/nonparty 18+ (ND Courts Rule 45; Rule 17 Crim)

N.D.C.C. 27-08.1-04; N.D.C.C. 27-08.1-08

The defendant must appear on the hearing date specified in the notice, typically 20 days after service. No formal written answer is required — the defendant presents their defense at the hearing. If the defendant fails to appear, the court may enter a default judgment. Either party may appeal to the district court within 30 days of judgment for a trial de novo under N.D.C.C. 27-08.1-08.

N.D.C.C. 27-08.1-01; N.D.C.C. 27-08.1-03; ND R Civ P 4

Small claims actions in North Dakota are limited to $15,000 and are filed in the district court, small claims division, under N.D.C.C. 27-08.1-01. Service may be made by certified mail with return receipt, personal delivery, or any method authorized under ND R Civ P 4. Any person of legal age who is not a party may serve. The constable, sheriff, or a private individual may serve small claims documents.

R. Civ. P. 4

Standard under N.D. R. Civ. P. 4; modifications may use Rule 5

N.D.C.C. Ch. 27-08.1; certified mail restricted delivery or personal by sheriff/non-party legal age (ND Courts Small Claims; Forms Packet)

None identified (no Sunday/time restrictions, govt/military standard)

R. Civ. P. 4(d)(2)(A)(ii)

N.D. R. Civ. P. 4(d)(2)(A)(ii) leave at dwelling with suitable age/discretion resident (ND Courts Rule 4)

N.D.C.C. 39-07-10; N.D.C.C. 39-06-33

If a defendant fails to appear on a traffic citation or to post bond, the court issues a warrant for arrest under N.D.C.C. 39-07-10. The DOT may suspend the defendant's driver's license under N.D.C.C. 39-06-33 until the matter is resolved. An additional $25 reinstatement fee is required. For certain non-moving violations, bond forfeiture may be treated as a guilty plea without the need for appearance.

N.D.C.C. 39-07-07; N.D.C.C. 39-07-09

North Dakota traffic citations are issued by law enforcement officers under N.D.C.C. 39-07-07. The citation serves as the complaint and notice to appear, directing the defendant to appear in district court on the specified date or to post and forfeit bond by mail. The defendant signs the citation acknowledging receipt. No separate process service is required — the citation is self-executing upon issuance by the officer.