§ 26.1-02-11 — Service of process - How made

North Dakota § 26.1-02-11

• Jurisdiction: North Dakota
• Title 26.1: Insurance
• Ch. 26.1-02: General Provisions

Text

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.