§ 32-17-07 — Service on unknown defendants - How made - Affidavit for publication

North Dakota § 32-17-07

• Jurisdiction: North Dakota
• Title 32: Judicial Remedies
• Ch. 32-17: Actions to Quiet Title and Determine Claims to Real Estate

Text

Service of the summons in an action may be had upon all unknown persons defendant by
publication in the manner provided by law for service by publication upon defendants whose
residence is unknown, but as to such unknown persons defendant the affidavit for publication
shall be required to state in substance the following facts: That the interests of such unknown
persons defendant in the land described in the complaint are not shown of record in the office of
the recorder, the clerk of the district court, or the county auditor of the county in which such land
lies, and the affiant does not know and is unable to ascertain the names, residences, or
post-office addresses of any of the persons who are proceeded against as unknown persons
defendant. The affidavit or complaint shall show further that the relief sought in the action
consists wholly or partly in excluding the defendants from any interest in or lien upon specific
real property in this state, and where jurisdiction is sought to be obtained against unknown
persons under the provisions of this section, the summons shall state where the complaint is or
will be filed, and there shall be subjoined to the summons as published a notice signed by the
plaintiff's attorney containing a description of the land to which such action relates. Unknown
corporations and limited liability companies claiming interests are included within the word
"persons" as used in this chapter.