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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.
Upon a filing party's request, an original pleading or document in any civil action, which by law is required to be filed in the clerk of court's office where the action is pending, may be removed from the files for the purpose of serving it either inside or outside the state but must be returned without delay.
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 ...
Rule 707 requires the prosecution to notify a defendant if it intends to introduce an analytical report in a criminal trial. If the defendant objects to the admission of the report, the defendant must identify the witness it seeks to examine about the report at trial and the prosecution must produce the witness.
Proof of service shows the state district court when, how, and where the other parties were served. Proof of service also shows the documents that were served. An affidavit, declaration of service, or certificate of service gives the court proof of service.
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.
The jurisdiction of this court is confined to cases for recovery of money, or the cancellation of any agreement involving material fraud, deception, misrepresentation, or false promise, where the value of the agreement or the amount claimed by the plaintiff or the defendant does not exceed fifteen thousand dollars.
Upon written request of a defendant, the prosecuting attorney shall permit the defendant to inspect and copy or photograph books, papers, documents, photographs, tangible objects, buildings, or places, or copies or portions thereof, which are within the possession, custody, or control of the prosecution, and which are ...