Certificate of Service - North Dakota
CERTIFICATE OF SERVICE
Before you use this: Complete this certificate for papers served under N.D.R.Civ.P. 5 after the initiating pleadings. Service and proof of an original summons and complaint follow Rule 4 and need their own record. Check the case's orders and each recipient's service status before signing.
| Court and parties | Case information |
|---|---|
| State of North Dakota, District Court, [____] Judicial District | County: [________________________________] |
| [PLAINTIFF], Plaintiff | Case No.: [________________________________] |
| v. | |
| [DEFENDANT], Defendant |
Documents and service
I, [________________________________], an ☐ attorney ☐ court personnel member, certify that true copies of these documents were served on the dates and by the methods stated below:
- [________________________________]
- [________________________________]
- [________________________________]
Document status: ☐ Filed paper served under Rule 5(b)(1) and N.D.R.Ct. 3.5(e) ☐ Unfiled discovery or other paper served under Rule 5(b)(3) ☐ Other Rule 5 service: [________________________________]
| Recipient and capacity | Address or designated service address | Actual method and delivery details | Date and time |
|---|---|---|---|
| [Name; attorney / self-represented party / other] | [Postal or electronic address] | [Odyssey / hand delivery / office or dwelling delivery / U.S. mail / commercial carrier / consented electronic means / other; include reference, carrier or person receiving] | [__/__/____], [____] |
| [Name; attorney / self-represented party / other] | [Postal or electronic address] | [Actual method and details] | [__/__/____], [____] |
| [Name; attorney / self-represented party / other] | [Postal or electronic address] | [Actual method and details] | [__/__/____], [____] |
Additional recipients and details attached: ☐ Yes ☐ No. Attachment: [________________________________]
If electronic means were used for a paper that was not required to be filed, the recipient's written consent is recorded at [________________________________]. If I learned that electronic service did not reach a recipient, the failed attempt and subsequent service are described here: [________________________________].
Certificate
I certify that the service entries above reflect the methods actually used and the recipients actually served.
Date: [__/__/____]
Signature: [________________________________]
Printed name and attorney or court personnel capacity: [________________________________]
Address: [________________________________]
Electronic service address: [________________________________]
Telephone: [________________________________]
State Board of Law Examiners ID No. (if applicable): [________________________________]
Rule references for completing this certificate
- Under Rule 5(b)(1) and N.D.R.Ct. 3.5(e), electronically filed papers after the initiating pleadings ordinarily use Odyssey service; self-represented litigants, prisoners, and court-granted exceptions require individual handling. For an unfiled paper, Rule 5(b)(3) governs and electronic service requires the recipient's written consent. Service is ineffective if the sender learns that electronic delivery failed, subject to the exception in N.D.R.Ct. 3.5(e)(4).
- Rule 5(d)(3) generally bars filing discovery materials unless submitted for a pending motion, ordered filed, or certified necessary for safekeeping with reasons. This certificate does not by itself change that filing rule.
- Rule 6(e)(1) adds three days only when a period runs after Rule 5 service by U.S. mail or third-party commercial carrier. It does not add three days for email, Odyssey, fax, or personal delivery. Rule 6(e)(2) separately starts a period after Rule 4 mail or carrier service on delivery.
- A compliant Odyssey filing submitted by 11:59 p.m. local time is considered filed that day under N.D.R.Ct. 3.5(c)(1). Use the actual transmission and acceptance record for filing questions; this certificate records service.
Sources and references
About this template
- Last updated
- October 3, 2026
- Citations checked
- October 3, 2026
- Jurisdiction
- North Dakota
- Category
- Litigation & Court Documents
Legal authority
- N.D.R.Civ.P. 5(a), (b), (d), and (f) (service and proof of service for later papers)
- N.D.R.Civ.P. 6(e) (additional time after Rule 5 mail or commercial-carrier service)
- N.D.R.Ct. 3.5(a), (c), and (e) (district-court electronic filing and service)
- N.D.R.Civ.P. 4 (separate service and proof of original process)
These are the filings that drive a lawsuit through the system: complaints, answers, motions, briefs, discovery requests and responses, and post-judgment papers. Each has its own format requirements under federal and state procedural rules, and each has a deadline that cannot be missed without consequences. Clean, procedurally correct filings move a case forward; sloppy ones invite motions to strike, amended responses, and avoidable delays.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 3, 2026.
N.D.R.Civ.P. 5(a)(1)(C) (checked October 3, 2026): "a discovery document required to be served on a party, unless the court orders otherwise"
N.D.R.Civ.P. 5(b)(1) (checked October 3, 2026): "A document that is required to be filed must be served electronically under the procedure specified in N.D.R.Ct. 3.5. Electronic service on an attorney must be made to the designated e-mail service address posted on the N.D. Supreme Court website."
N.D.R.Civ.P. 5(b)(3)(F) (checked October 3, 2026): "sending it by electronic means if the person consented in writing, in which event service is complete on transmission, but is not effective if the serving party learns that it did not reach the person to be served"
N.D.R.Civ.P. 5(b)(3)(C)-(D) (checked October 3, 2026): "mailing it to the person's last known address, in which event service is complete upon mailing"
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