Who may serve a summons in North Dakota?

Any person of legal age, 18, who is not a party to nor interested in the action may serve a summons within the state, under North Dakota Rule of Civil Procedure 4(d)(1)(A). A sheriff or other officer may also serve.

Can a party serve their own summons in North Dakota?

No. North Dakota Rule of Civil Procedure 4(d)(1)(A) limits in-state personal service to a person of legal age who is not a party to nor interested in the action, so a plaintiff or defendant cannot serve their own summons.

Does North Dakota have an official proof of service form?

No. North Dakota has no Supreme Court-adopted proof-of-service form with a form number. The Legal Self Help Center publishes declaration templates, but its own site states they are not official court forms and courts are not required to accept them. If the issuing court has its own version, that court's form controls.

How long do I have to serve a summons in North Dakota?

North Dakota sets no fixed number of days to serve a summons, because a civil action is commenced by service itself rather than by filing (N.D.R.Civ.P. 3). The practical time pressure is the statute of limitations on the underlying claim, not a post-filing service window.

When must the proof of service be filed in a North Dakota case?

The proof of service under Rule 4 must be filed with the initiating pleading whenever the plaintiff files it (N.D.R.Civ.P. 5(d)(2)(A)). If a defendant demands that the plaintiff file the complaint, the plaintiff must file within 20 days of that demand or service becomes void, unless the court finds excusable neglect on a motion made within 60 days after the demand.

How do I serve later papers like motions in a North Dakota case?

Documents that must be filed generally require mandatory electronic service to the attorney's designated e-mail address under North Dakota Rule of Court 3.5. For documents that do not need to be filed, hand delivery, leaving a copy at the office or dwelling, mail to the last known address, or commercial-carrier delivery remain available, proved by a Rule 4-style declaration or a certificate of service (N.D.R.Civ.P. 5(b), 5(f)).

What happens if service of a North Dakota summons is defective?

Defective service can keep the court from gaining jurisdiction over the defendant, which can void a default judgment later. Follow the manner, method, and declaration requirements in Rule 4 exactly, and never sign a declaration that misstates how or when service occurred, since it is made under penalty of perjury.

Does this North Dakota proof of service cover federal court, service abroad, or a government defendant?

No. Service on the federal government, a foreign country, or under the Hague Service Convention, and service in federal court under the Federal Rules of Civil Procedure, follow separate rules not covered on this page.

North Dakota Proof of Service

Q: Does a North Dakota proof of service need to be notarized?

No, for a private server. North Dakota removed the word affidavit from Rules 4 and 5 effective March 1, 2021. A private server instead signs a declaration under penalty of perjury under N.D.C.C. ch. 31-15, which has the same effect as a sworn declaration. A sheriff or other officer proves service with a plain certificate instead.

Q: Is ordinary mail enough to serve a North Dakota summons?

No. Mail or commercial carrier delivery serves a summons only if it requires a signed receipt and results in delivery to that individual. Ordinary first-class mail without a signature requirement does not serve a summons, though a refusal to accept delivery itself counts as delivery under North Dakota Rule of Civil Procedure 4(l).

North Dakota has no official statewide proof-of-service form, any non-party adult may serve, and because a civil action is commenced by service of the summons rather than by filing, there is no fixed number of days to serve after filing a complaint.

Find out where you stand in North Dakota

Where are you with service?

DocDraft provides document preparation, not legal advice.

Introduction

Under N.D.R.Civ.P. 4(d)(1)(A), any person of legal age, 18, not a party to nor interested in the action may serve within the state; a party cannot serve their own summons. An officer may also serve, proving it with the officer's own certificate, no declaration needed. North Dakota publishes no official proof-of-service form; Legal Self Help Center templates are not official, so the issuing court's own version controls if one is required. Rules 4 and 5 replaced affidavit with declaration effective March 1, 2021, so a private server signs a declaration under penalty of perjury under N.D.C.C. ch. 31-15, not a notarized affidavit. Personal delivery, leaving a copy at the dwelling with a suitable resident, delivery at the process server's office to a spouse who resides with the individual, and delivery to an agent are direct methods. Mail or commercial delivery is valid only if it requires a signed receipt and results in delivery to that individual; ordinary first-class mail without a signature requirement does not serve a summons, though refusal itself counts as delivery. A civil action is commenced by service, not filing, so North Dakota sets no fixed days to serve; the proof must be filed with the initiating pleading when filed, and a defendant's demand to file triggers a 20-day filing deadline. Later filed papers generally require electronic service to the attorney's address; other methods remain for documents that need not be filed. Federal, foreign, and government service follow separate rules not covered here. Attorney review is available before you file.

Key Things to Know

1
Any person of legal age, 18, who is not a party to nor interested in the action may serve a summons within the state (N.D.R.Civ.P. 4(d)(1)(A)). North Dakota has no official statewide proof-of-service form; the Legal Self Help Center's declaration templates are not official court forms, and courts are not required to accept them, so the issuing court's own version controls if one is required.
2
A party to the action cannot serve their own summons. A sheriff or other officer may also serve, proving it with the officer's own certificate of service, with no declaration or notarization required (N.D.R.Civ.P. 4(i)(1)).
3
North Dakota replaced the word affidavit with declaration in Rules 4 and 5, effective March 1, 2021. A private server signs a declaration under penalty of perjury under N.D.C.C. ch. 31-15, which has the same effect as a sworn declaration, not a notarized affidavit.
4
Mail or commercial carrier delivery is a direct method for individuals 14 and older, but only if it requires a signed receipt and results in delivery to that individual; ordinary first-class mail without a signature requirement does not serve a summons. If the addressee refuses delivery, the refusal itself counts as delivery, and service is complete on the date of refusal (N.D.R.Civ.P. 4(d)(2)(A)(v), 4(l)).
5
Leaving a copy of the summons at the individual's dwelling or usual place of residence with a person of suitable age and discretion who resides there is itself a direct method of personal service, not a fallback that requires a reasonable-diligence showing first (N.D.R.Civ.P. 4(d)(2)(A)(ii)). An individual under 14 is served through a guardian, parent, or person having care or control.
6
Because a civil action is commenced by service of the summons rather than by filing (N.D.R.Civ.P. 3), North Dakota sets no fixed number of days to serve after filing. Proof of service must instead be filed with the initiating pleading whenever the plaintiff files it, and if a defendant demands that the plaintiff file the complaint, the plaintiff must file within 20 days of that demand or service becomes void, unless the court finds excusable neglect on a motion made within 60 days after the demand (N.D.R.Civ.P. 5(d)(2)(A)).
7
Documents that must be filed generally require mandatory electronic service to the attorney's designated e-mail address under N.D.R.Ct. 3.5. For documents that do not need to be filed, hand delivery, leaving a copy at the office or dwelling, mailing to the last known address, or commercial-carrier delivery remain available, proved by a declaration as under Rule 4 or by a certificate of service (N.D.R.Civ.P. 5(b), 5(f)).

Key decisions before you file

Before you file a Proof of Service in North Dakota, a few decisions shape the document: which option to choose and what each one means. The Proof of Service guide walks through them.

Open the Proof of Service guide

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STATE OF NORTH DAKOTA ) COUNTY OF [COUNTY] ) ss.

IN DISTRICT COURT, [JUDICIAL DISTRICT] JUDICIAL DISTRICT

[PLAINTIFF NAME], Plaintiff, v. Civil No. [CASE NUMBER] [DEFENDANT NAME], Defendant.

PROOF OF SERVICE

DECLARATION OF SERVICE BY PERSONAL DELIVERY OR AT THE DWELLING

[IF APPLICABLE: I am at least 18, and not a party to nor interested in this action (Rule 4(d)(1)(A)). I served the Summons and Complaint, with [LIST OF ADDITIONAL PAPERS SERVED, IF ANY], on [NAME OF PERSON SERVED], who I knew to be the person named in the Summons, by [PERSONAL DELIVERY OR LEAVING A COPY AT THE DWELLING WITH A SUITABLE RESIDENT OR DELIVERY AT THE OFFICE OF THE PROCESS SERVER TO THE SPOUSE WHO RESIDES WITH THE INDIVIDUAL OR DELIVERY TO AN AUTHORIZED AGENT], on [DATE OF SERVICE] at [TIME OF SERVICE], at [ADDRESS OR OTHER PLACE OF SERVICE].]

[IF APPLICABLE: [NAME OF PERSON SERVED] is under the age of 14, and I served the Summons and Complaint on [NAME OF GUARDIAN, PARENT, OR PERSON HAVING CARE OR CONTROL] (Rule 4(d)(2)(B)).]

DECLARATION OF SERVICE BY MAIL OR COMMERCIAL CARRIER

[IF APPLICABLE: I deposited a copy of the Summons and Complaint, postage prepaid, with [NAME OF MAIL OR COMMERCIAL CARRIER], addressed to [NAME OF PERSON SERVED] at [LAST REASONABLY ASCERTAINABLE ADDRESS], requiring a signed receipt and resulting in delivery to that individual, on [DATE OF DEPOSIT] at [PLACE OF DEPOSIT] (Rule 4(k)). I am at least 18. [IF APPLICABLE: The signed return receipt is attached.] [IF APPLICABLE: Delivery was refused on [DATE OF REFUSAL], which constitutes delivery (Rule 4(l)).]]

DECLARATION OF SERVICE BY PUBLICATION

[IF APPLICABLE: Service was by publication under Rule 4(e). Publication of the Summons in [NAME OF NEWSPAPER] is proved by the attached affidavit of the publisher of the newspaper, or the publisher's designee (N.D.C.C. § 31-04-06). On [DATE OF DEPOSIT], within 14 days after first publication, I deposited a copy of the Summons and Complaint in the mail or with a commercial carrier, requiring a signed receipt, directed to [DEFENDANT NAME]'s last reasonably ascertainable address (Rule 4(e)(4), 4(i)(3)).]

[IF APPLICABLE: ADMISSION OF SERVICE. I, [DEFENDANT NAME], admit receipt of the Summons and Complaint on [DATE OF ADMISSION] (Rule 4(i)(5)). [SIGNATURE OF DEFENDANT]]

DECLARATION UNDER PENALTY OF PERJURY

I declare, under penalty of perjury under the law of North Dakota, that the foregoing is true and correct.

Signed on [DATE], at [CITY OR OTHER LOCATION], North Dakota.

[SIGNATURE OF SERVER] [PRINTED NAME OF SERVER] [ADDRESS OF SERVER] [CITY, NORTH DAKOTA ZIP]

OFFICER CERTIFICATE OF SERVICE

[IF APPLICABLE: I am a sheriff or other officer. I certify that I served the Summons and Complaint, with [LIST OF ADDITIONAL PAPERS SERVED, IF ANY], on [NAME OF PERSON SERVED] by [PERSONAL DELIVERY OR LEAVING A COPY AT THE DWELLING WITH A SUITABLE RESIDENT OR DELIVERY TO AN AUTHORIZED AGENT] on [DATE OF SERVICE] at [TIME OF SERVICE], at [ADDRESS OR OTHER PLACE OF SERVICE] (Rule 4(i)(1)).

[SIGNATURE OF OFFICER] [PRINTED NAME AND TITLE OF OFFICER]]

CERTIFICATE OF SERVICE OF LATER PAPERS

[IF APPLICABLE: On [DATE], I served a copy of [NAME OF DOCUMENT] on [NAME OF PARTY OR ATTORNEY OF RECORD] by [ELECTRONIC SERVICE UNDER N.D.R.CT. 3.5 OR HAND DELIVERY OR LEAVING A COPY AT THE OFFICE, OR AT THE DWELLING IF THE OFFICE IS CLOSED OR THERE IS NONE, OR MAIL TO THE LAST KNOWN ADDRESS], at [ADDRESS, EMAIL ADDRESS, OR OTHER LOCATION] (Rule 5(b)).

I declare, under penalty of perjury under the law of North Dakota, that the foregoing is true and correct.

[SIGNATURE] [PRINTED NAME]]

North Dakota Requirements for Proof of Service

Any Non-Party Adult May Serve
Any person of legal age, 18, who is not a party to nor interested in the action may serve a North Dakota summons within the state (N.D.R.Civ.P. 4(d)(1)(A)).
Party Barred From Serving the Summons
A party to the action cannot serve their own summons. A sheriff or other officer may serve instead and proves it with the officer's own certificate of service, with no declaration or notarization required (N.D.R.Civ.P. 4(i)(1)).
No Official Statewide Proof-of-Service Form
North Dakota has no Supreme Court-adopted proof-of-service form. The Legal Self Help Center's declaration templates are not official court forms and courts are not required to accept them; the issuing court's own version controls if one is required.
Declaration Under Penalty of Perjury Replaces Affidavit
North Dakota removed the word affidavit from Rules 4 and 5 effective March 1, 2021. A private server signs a declaration under penalty of perjury under N.D.C.C. ch. 31-15, which has the same effect as a sworn declaration, not a notarized affidavit.
Mail Valid Only With a Signed Receipt
Mail or commercial carrier delivery serves a summons only if it requires a signed receipt and results in delivery to that individual; ordinary first-class mail without a signature requirement does not. A refusal to accept delivery itself counts as delivery (N.D.R.Civ.P. 4(d)(2)(A)(v), 4(l)).
Leaving a Copy at the Dwelling Is Direct Service
Leaving a copy of the summons at the individual's dwelling with a person of suitable age and discretion who resides there is itself a direct method of personal service, not a fallback requiring a reasonable-diligence showing first (N.D.R.Civ.P. 4(d)(2)(A)(ii)).
Service Commences the Action, No Fixed Deadline to Serve
A civil action is commenced by service of the summons rather than by filing (N.D.R.Civ.P. 3), so North Dakota sets no fixed number of days to serve after filing; the real time pressure comes from the statute of limitations on the underlying claim.
Proof of Service Filed With the Initiating Pleading
Proof of service under Rule 4 must be filed with the initiating pleading whenever the plaintiff files it. If a defendant demands the plaintiff file the complaint, the plaintiff must file within 20 days of that demand or service becomes void, unless the court finds excusable neglect on a motion made within 60 days after the demand (N.D.R.Civ.P. 5(d)(2)(A)).
Mandatory Electronic Service for Filed Later Papers
A document that must be filed generally requires electronic service to the attorney's designated e-mail address under North Dakota Rule of Court 3.5; other methods remain available for documents that do not need to be filed, proved by a declaration or a certificate of service (N.D.R.Civ.P. 5(b), 5(f)).

Find out where you stand in North Dakota

Introduction

Key Things to Know

Key decisions before you file

Customize your Proof of Service Template with DocDraft

North Dakota Requirements for Proof of Service

Any Non-Party Adult May Serve

Party Barred From Serving the Summons

No Official Statewide Proof-of-Service Form

Declaration Under Penalty of Perjury Replaces Affidavit

Mail Valid Only With a Signed Receipt

Leaving a Copy at the Dwelling Is Direct Service

Service Commences the Action, No Fixed Deadline to Serve

Proof of Service Filed With the Initiating Pleading

Mandatory Electronic Service for Filed Later Papers

Frequently Asked Questions