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An affidavit, declaration of service, or certificate of service gives the court proof of service.
In order to properly write a cause of action, several things must be included. The names of the Plaintiff and Defendant. The legal means by which the Plaintiff is bringing the lawsuit. Be sure to only include the facts, not opinions. ... Offer expert opinions and lay out the evidence. ... Request of relief.
(2) If the party is within this state and cannot be found, but the party's address is known or can with reasonable diligence be ascertained, the summons may be served upon the party by sending a copy by any form of mail or third-party commercial delivery addressed to the party and requiring a signed receipt and ...
John is seriously injured and he files a car accident lawsuit against Linda to recover additional damages that aren't covered by insurance. In this example, John is the plaintiff and Linda is the defendant. Because the plaintiff files the lawsuit, the plaintiff is responsible for drafting the complaint.
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.