Certificate of Service

CERTIFICATE OF SERVICE

State of North Dakota

IMPORTANT NORTH DAKOTA NOTICE: North Dakota requires electronic service through the Odyssey e-filing system for most documents filed with district courts under N.D.R.Ct. 3.5. Electronic service on registered attorneys is mandatory when a case is in the Odyssey system. Attorneys must maintain a designated email address on the North Dakota Supreme Court website, and electronic service is made to that address. For mail or commercial carrier service, 3 additional days are added to response periods under N.D.R.Civ.P. 6(d).

PART I: COURT CAPTION

STATE OF NORTH DAKOTA
IN DISTRICT COURT

[____] Judicial District
County of [________________________________]

[________________________________],
Plaintiff(s),

v.

Case No.: [________________________________]

[________________________________],
Defendant(s).

PART II: IDENTIFICATION OF DOCUMENTS SERVED

I, [________________________________], hereby certify that on [__/__/____], I served the following document(s) upon the parties identified in Part III:

1. [________________________________]
2. [________________________________]
3. [________________________________]
4. [________________________________]
5. [________________________________]

(Attach additional sheet if needed.)

PART III: PARTIES SERVED

Served Party / Attorney No. 1

Name: [________________________________]
Role: ☐ Attorney for Plaintiff ☐ Attorney for Defendant ☐ Self-Represented Party ☐ Other: [____________]
Representing: [________________________________]
Firm/Organization: [________________________________]
Street Address: [________________________________]
City, State, ZIP: [________________________________]
Designated Email Address (ND Supreme Court registered): [________________________________]
ND Bar ID (if attorney): [________________________________]
Phone: [________________________________]

Method of Service — Party / Attorney No. 1 (check all that apply):

☐ Electronic Service via Odyssey E-Filing System [REQUIRED FOR REGISTERED USERS]
Filed and served through the Odyssey system pursuant to N.D.R.Ct. 3.5 and N.D.R.Civ.P. 5(b)(2).
Service is effective on the date the document is transmitted. No additional days added to response deadlines.
Odyssey Submission/Reference Number: [________________________________]
Date/Time of Transmission: [__/__/____] at [____] ☐ a.m. ☐ p.m. Central Time

☐ Electronic Mail to Designated Address
Served by email to the attorney's email address designated on the North Dakota Supreme Court website, pursuant to N.D.R.Civ.P. 5(b)(1) (as amended effective March 1, 2014).
Email address used: [________________________________]
Date sent: [__/__/____] Time sent: [____] ☐ a.m. ☐ p.m.
(+3 days added to response deadlines per N.D.R.Civ.P. 6(d).)

☐ First-Class Mail, Postage Prepaid
Mailed to: [________________________________]
Date of deposit with USPS: [__/__/____]
City of mailing: [________________________________]
(+3 days added to response deadlines per N.D.R.Civ.P. 6(d).)

☐ Third-Party Commercial Carrier
Carrier name: [________________________________]
Tracking number: [________________________________]
Date of deposit: [__/__/____]
Delivery requested: ☐ Overnight ☐ Second-day
(+3 days added to response deadlines per N.D.R.Civ.P. 6(d).)

☐ Personal Service
Delivered in person at: [________________________________]
Date of delivery: [__/__/____] Time: [____] ☐ a.m. ☐ p.m.
Received by: [________________________________]
(Effective date of service: date of delivery. No additional days added.)

☐ Leaving at Office
Left with: [________________________________] (clerk or person in charge)
At: [________________________________]
Date: [__/__/____]

☐ Leaving at Residence
Left with: [________________________________] (person of suitable age and discretion residing therein)
At: [________________________________] (usual place of abode)
Date: [__/__/____]

☐ Facsimile (requires agreement or court order)
Fax number: [____________________]
Date/Time transmitted: [__/__/____] at [____] ☐ a.m. ☐ p.m.
Confirmation number: [________________________________]
(+3 days added to response deadlines per N.D.R.Civ.P. 6(d).)

Served Party / Attorney No. 2

Name: [________________________________]
Role: ☐ Attorney for Plaintiff ☐ Attorney for Defendant ☐ Self-Represented Party ☐ Other: [____________]
Representing: [________________________________]
Firm/Organization: [________________________________]
Street Address: [________________________________]
City, State, ZIP: [________________________________]
Designated Email Address: [________________________________]
ND Bar ID (if attorney): [________________________________]

Method of Service — Party / Attorney No. 2 (check all that apply):

☐ Odyssey Electronic Service
Reference Number: [________________________________]
Date/Time: [__/__/____] at [____] ☐ a.m. ☐ p.m.

☐ Email to Designated Address
Email: [________________________________] Date/Time: [__/__/____] at [____] ☐ a.m. ☐ p.m.

☐ First-Class Mail
Mailed to: [________________________________] Date deposited: [__/__/____]

☐ Commercial Carrier
Carrier: [________________________________] Tracking: [________________________________] Date: [__/__/____]

☐ Personal Service
Date: [__/__/____] Received by: [________________________________]

☐ Left at Office
Date: [__/__/____] Left with: [________________________________]

☐ Facsimile
Fax: [____________________] Date/Time: [__/__/____] at [____] ☐ a.m. ☐ p.m.

Served Party / Attorney No. 3

Name: [________________________________]
Role: ☐ Attorney for Plaintiff ☐ Attorney for Defendant ☐ Self-Represented Party ☐ Other: [____________]
Street Address / Email: [________________________________]

Method of Service — Party / Attorney No. 3 (check all that apply):

☐ Odyssey Electronic Service — Reference No.: [________________________________] Date/Time: [__/__/____]
☐ Email to Designated Address — Email: [________________________________] Date: [__/__/____]
☐ First-Class Mail — Mailed: [__/__/____] City: [________________________________]
☐ Commercial Carrier — Carrier: [________________] Tracking: [________________]
☐ Personal Service — Date: [__/__/____] Received by: [________________________________]
☐ Facsimile — Fax: [____________________] Date/Time: [__/__/____]

(Attach additional party service pages as needed.)

PART IV: NORTH DAKOTA SERVICE RULES AND TIME EXTENSION REFERENCE

Mail/Carrier Service — Additional Days Under N.D.R.Civ.P. 6(d)

When a party must act within a prescribed period after service, and service is made by mail or third-party commercial carrier, 3 additional days are added after the period would otherwise expire.

North Dakota Odyssey E-Filing System

• North Dakota uses the Odyssey electronic filing system for district court filings under N.D.R.Ct. 3.5.
• Attorneys registered in Odyssey must file documents electronically, and service through Odyssey on other registered users is automatic.
• Attorneys must maintain a current, designated email address posted on the North Dakota Supreme Court website. Service is made to that designated address.
• Self-represented parties may not be registered Odyssey users and must be served by non-electronic means unless they have consented to electronic service.
• Documents filed through Odyssey after the court's designated cutoff time are generally deemed filed on the next court day.
• Rule 5 was amended effective March 1, 2021 to replace "affidavit" with "declaration" in proof of service requirements.

Email Service Requirements

• Email service on attorneys must be made to the attorney's designated email address as posted on the North Dakota Supreme Court website (amended March 1, 2014).
• Email service is an authorized fallback when Odyssey is unavailable.
• Retain copies of sent emails and any delivery/read confirmations.
• Consent for email service outside Odyssey should be documented in writing and retained in the file.

Service on Self-Represented (Pro Se) Parties

• Individuals who are not represented by counsel and are not registered Odyssey users must be served by personal delivery, mail, or another agreed-upon method.
• Do not serve self-represented parties through Odyssey unless they have registered and consented.
• Document service on pro se parties carefully.

Privacy — N.D.R.Civ.P. 5.2

Documents served and filed must comply with the privacy requirements of N.D.R.Civ.P. 5.2. Personal identifiers (Social Security numbers, financial account numbers, names of minors, dates of birth, home addresses of certain individuals) must be redacted or replaced with partial identifiers as specified by the rule.

PART V: PROOF OF SERVICE BY MAIL — DECLARATION

(Complete when any service was made by first-class mail.)

I, [________________________________], declare under penalty of perjury that the following is true and correct:

I am over the age of 18 years and I am not a party to this action. My business/residential address is:

[________________________________]
[________________________________]

On [__/__/____], I served the documents described in Part II by enclosing true and correct copies in sealed envelopes, with postage fully prepaid, addressed to:

Mail Recipient 1:
Name: [________________________________]
Address: [________________________________]
[________________________________]

Mail Recipient 2:
Name: [________________________________]
Address: [________________________________]
[________________________________]

Mail Recipient 3:
Name: [________________________________]
Address: [________________________________]
[________________________________]

I deposited the sealed envelope(s) in the United States mail at:

Post Office/Location: [________________________________]
City, State: [________________________________], North Dakota
Date of deposit: [__/__/____]
Approximate time: [____] ☐ a.m. ☐ p.m.

I declare under penalty of perjury that the foregoing is true and correct.

Executed on [__/__/____] at [________________________________], North Dakota.

Signature: [________________________________]
Printed Name: [________________________________]
Title/Capacity: [________________________________]

PART VI: PROOF OF ELECTRONIC SERVICE — DECLARATION

(Complete when any service was made through Odyssey or by email.)

I, [________________________________], declare under penalty of perjury that the following is true and correct:

I am over the age of 18 years. My business/residential address is:

[________________________________]
[________________________________]

A. Service via Odyssey Electronic Filing System

☐ On [__/__/____], at approximately [____] ☐ a.m. ☐ p.m. Central Time, I electronically filed the documents identified in Part II through the North Dakota Odyssey e-filing system pursuant to N.D.R.Ct. 3.5. Upon filing, the system automatically generated notice to all registered parties. The system generated the following reference:

Odyssey Submission/Reference Number: [________________________________]
Date/Time of Confirmation: [__/__/____] at [____] ☐ a.m. ☐ p.m.

Parties notified through Odyssey:

1. [________________________________]
2. [________________________________]
3. [________________________________]

B. Service via Email to Designated Address

☐ On [__/__/____], at [____] ☐ a.m. ☐ p.m. Central Time, I served the documents identified in Part II by sending true and correct copies as email attachments to the following designated email addresses:

1. [________________________________] (email) — for [________________________________] (attorney/party name)
2. [________________________________] (email) — for [________________________________] (attorney/party name)

Email sent from: [________________________________]

Reason Odyssey was not used:
☐ Odyssey was experiencing a technical outage
☐ Recipient is a self-represented party not registered in Odyssey
☐ Other: [________________________________]

I declare under penalty of perjury that the foregoing is true and correct.

Executed on [__/__/____] at [________________________________], North Dakota.

Signature: [________________________________]
Printed Name: [________________________________]

PART VII: CERTIFICATE OF SERVICE — SIGNATURE BLOCK

This Certificate of Service is submitted pursuant to N.D.R.Civ.P. 5.

Date: [__/__/____]

Respectfully submitted,

Signature: [________________________________]

Printed Name: [________________________________]
ND Bar ID Number: [________________________________]
Firm Name: [________________________________]
Street Address: [________________________________]
City, State, ZIP: [________________________________]
Telephone: ([____]) [____]-[________]
Facsimile: ([____]) [____]-[________]
Email: [________________________________]
Attorney for: ☐ Plaintiff ☐ Defendant ☐ [________________________________]

PART VIII: COMPLIANCE CHECKLIST

☐ All documents served are identified in Part II
☐ Every party or their attorney has been served
☐ Odyssey electronic service used as primary method for registered attorneys
☐ Email service directed to attorney's designated ND Supreme Court registered address
☐ Self-represented parties served by non-electronic means (unless Odyssey-registered)
☐ +3 day response extension noted for mail/email/carrier service (N.D.R.Civ.P. 6(d))
☐ Odyssey reference/submission number recorded
☐ Written consent documented for any email/fax service outside Odyssey
☐ Privacy requirements of N.D.R.Civ.P. 5.2 satisfied — personal identifiers redacted
☐ Declaration under penalty of perjury completed and signed
☐ Certificate retained in case file with electronic confirmation receipts
☐ Special guardianship/juvenile service requirements checked if applicable

PART IX: ORIGINAL PROCESS — REFERENCE NOTE

(For reference only — original process is governed by N.D.R.Civ.P. 4.)

Service of the original summons and complaint must be accomplished by personal service, service by mail with acknowledgment, or other methods specified in N.D.R.Civ.P. 4. Original process cannot be served through Odyssey or by email alone. Service on a corporation must be made on an officer, managing or general agent, or registered agent for service of process. N.D.R.Civ.P. 4(d)(2). Service by publication requires a court order when personal service cannot be accomplished. N.D.R.Civ.P. 4(f).

SOURCES AND REFERENCES

• N.D.R.Civ.P. 5 (full text): https://www.ndcourts.gov/legal-resources/rules/ndrcivp/5
• N.D.R.Civ.P. 6 (full text): https://www.ndcourts.gov/legal-resources/rules/ndrcivp/6
• ND Courts Rules Page: https://www.ndcourts.gov/legal-resources/rules/ndrcivp
• ND Courts Procedural Rule Amendments: https://www.ndcourts.gov/news/north-dakota/north-dakota-supreme-court/general-news/procedural-rule-amendments-take-effect-march-1