§ 28-01-38 — When action deemed commenced

North Dakota § 28-01-38

• Jurisdiction: North Dakota
• Title 28: Judicial Procedure, Civil
• Ch. 28-01: Time for Commencing Actions

Text

An action is commenced as to each defendant when the summons is served on that
defendant, or on a codefendant who is a joint contractor or otherwise united in interest with that
defendant. An attempt to commence an action is equivalent to the commencement thereof
within the meaning of this chapter when the summons, with the intent that it shall be actually
served, is delivered:
1. To the sheriff or other officer of the county in which the defendants or one of them
usually or last resided; or
2. To the sheriff or other officer, if a corporation is defendant, of the county in which was
situated the principal place of business of such corporation, or in which its general
business was transacted, or in which it kept an office for the transaction of business.
Such an attempt must be followed within sixty days by the first publication of the summons or
the service thereof.