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In North Dakota, a state district court civil action starts with service of a summons on the Defendant. A copy of the complaint must be served with the summons. Filing a summons and complaint with the state district court does not start a civil action.
To start a Small Claims Court action, the Plaintiff completes the Claim Affidavit (Form 2) and files it with the clerk of court. Then, the Plaintiff arranges for service of a copy of the completed Claim Affidavit and five (5) other forms from the Small Claims Court packet on the Defendant.
An affidavit, declaration of service, or certificate of service gives the court proof of service.
A copy of the summons and complaint must be deposited in a post office or with a third-party commercial carrier in North Dakota, postage or shipping prepaid, and directed to the defendant to be served at the defendant's last reasonably ascertainable address, within ten days after the filing of the affidavit for ...
The steps in the process Prepare the notice of claim. A lawsuit in Small Claims Court begins with a notice of claim. ... File the notice of claim in court. You must file the notice of claim in the Small Claims Court registry. ... Serve the notice on the defendant. ... Wait for a reply. ... Attend the settlement conference.