North Dakota Code § 26.1-02-11

Service of process - How made
Open in Lexace · Ask the AI about this section
Service of process is made by delivering to the secretary of state, or some person in 
apparent charge of the secretary of state's office, two copies thereof and by payment to the 
secretary of state of the fee prescribed by law. The secretary of state immediately shall forward 
by registered mail one copy to the defendant in a court proceeding, or to whom the process is 
addressed or directed in an administrative proceeding, at its last reasonably ascertainable 
address. The secretary of state shall keep a record of the date and hour of service. This service 
is sufficient if notice of the service and a copy of the process is mailed within ten days thereafter 
by certified mail to the defendant by the plaintiff or the plaintiff's attorney in a court proceeding, 
or to whom the process is addressed or directed by the commissioner in an administrative 
proceeding, at its last reasonably ascertainable address, and the defendant's receipt issued by 
the post office with which the letter is registered, showing the name of the sender of the letter 
and the name and address of the person or insurer to whom the letter is addressed, and an 
affidavit of mailing showing compliance herewith is filed with the clerk of the court in which the 
proceeding is pending, or with the commissioner in an administrative proceeding. No judgment 
or determination by default may be entered in any proceeding until the expiration of forty -five 
days from the date of filing of the affidavit of compliance.
This section does not limit or affect the right to serve any process upon any person or 
insurer in any other manner permitted by law.

‹ Prev All North Dakota sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.