§ 47-32-02 — Appearance - Notice of intention to evict - When required - When and how served

North Dakota § 47-32-02

• Jurisdiction: North Dakota
• Title 47: Property
• Ch. 47-32: Eviction

Text

served.
In any action for eviction the time specified in the summons for the appearance of the
defendant may not be fewer than three nor more than fifteen days from the date on which the
summons is issued. If the person cannot be found in the county, of which the return of the sheriff
or process server is prima facie proof, and service has been attempted at least once between
the hours of six p.m. and ten p.m. upon the filing of an affidavit of the plaintiff or the plaintiff's
attorney stating that the defendant cannot be found or on belief that the defendant is not in this
state and a copy of the summons has been mailed to the defendant at the defendant's
last-known address if any is known to the plaintiff, service of the summons may be made upon
the defendant by the sheriff or process server posting the summons upon the door of the
residential unit. In all cases arising under subsections 4, 5, 6, and 8 of section 47-32-01, three
days' written notice of intention to evict must be given to the lessee, subtenant, or party in
possession, before proceedings can be instituted. The notice may be served and returned as a
summons is served and returned or, if the party cannot be found, then by the sheriff of the
county or a process server posting the notice conspicuously upon the premises. Service by
delivery of a copy of the summons to the defendant in person within the county must be made at
least three days before the time fixed for the appearance of the defendant. Service elsewhere or
personal service in any other mode must be made at least seven days before the time fixed for
the appearance of the defendant.