§ 32-22-09 — Manner of serving the writ

North Dakota § 32-22-09

• Jurisdiction: North Dakota
• Title 32: Judicial Remedies
• Ch. 32-22: Habeas Corpus

Text

Whenever the writ is directed to the sheriff or other ministerial officer of the court out of
which it is issued, it must be delivered by the clerk or by such person as it may be entrusted to,
without delay, as other writs are delivered to such sheriff or other officer for service, or it may be
left with the jailer, keeper, or other person under such sheriff or other officer in charge of and at
the jail or place where the person seeking the writ may be imprisoned or restrained. If it is
directed to any other person, it may be delivered to the sheriff or sheriff's deputy and be by the
sheriff or sheriff's deputy served upon such person by delivering the same to such person
without delay. If the person to whom the writ is directed cannot be found or refuses admittance
to the officer or person serving or delivering such writ, it may be served or delivered by leaving it
at the residence of the person to whom it is directed, or by affixing it to some conspicuous place
on the outside either of that person's dwelling house or of the place where the party is confined
or under restraint. In any case the court issuing the writ, at its discretion, may authorize any
person to serve and deliver it by an entry signed by the judge thereon to the following effect: "I

hereby authorize _______________ to serve the within writ", and service made by such person
in the manner designated in this section shall be due and lawful service.