STATE OF NORTH DAKOTA

IN THE [☐ COUNTY / ☐ DISTRICT] COURT

[Judicial District]

[PLAINTIFF FULL NAME],
  Plaintiff,

v. Civil No.: [CASE NUMBER]

[DEFENDANT FULL NAME],
  Defendant.

AFFIDAVIT OF SERVICE

(N.D. R. Civ. P. 4)

I. DECLARATION OF AFFIANT

1. My name is [PROCESS SERVER NAME] (“Affiant”). I am competent to testify to all matters stated herein.
2. I am at least 18 years of age, of sound mind, and not a party to nor interested in the outcome of the above-captioned action, satisfying N.D. R. Civ. P. 4(c)(1).
3. My business address is [ADDRESS, CITY, ND ZIP]; telephone: [PHONE]; e-mail: [EMAIL].

II. DOCUMENTS SERVED (“Subject Documents”)

A. [ ] Summons dated [DATE]
B. [ ] Complaint dated [DATE]
C. [ ] Civil Cover Sheet
D. [ ] [OTHER: e.g., Motion, Order, Subpoena]

[// GUIDANCE: Edit or add to the checklist above to reflect every document delivered. Attach a complete set as Exhibit 1 for the court’s convenience.]

III. SERVICE DETAILS

1. Date of Service: [MM/DD/YYYY]
2. Time of Service: [HH:MM a.m./p.m.]

3. Location: [STREET ADDRESS, CITY, ND ZIP]

4. Method of Service (select one and complete all applicable blanks):
   a. ☐ Personal Service — Under N.D. R. Civ. P. 4(d)(2), I personally delivered true copies of the Subject Documents to [NAME OF PERSON SERVED] (the defendant/individual to be served).

b. ☐ Substitute Service — After exercising due diligence to obtain personal service, I left true copies of the Subject Documents at the usual dwelling of [DEFENDANT NAME] with [NAME & RELATIONSHIP], a person of suitable age and discretion then residing therein, in compliance with N.D. R. Civ. P. 4(d)(2)(B).
• Attempts preceding substitute service:
 i. [DATE/TIME] – [ADDRESS]
 ii. [DATE/TIME] – [ADDRESS]
 iii. [DATE/TIME] – [ADDRESS]

c. ☐ Service by Mail — Pursuant to N.D. R. Civ. P. 4(d)(3), on the date stated above I deposited the Subject Documents in the United States mail, certified mail, return-receipt requested, properly addressed to [DEFENDANT NAME & ADDRESS], with first-class postage fully prepaid.
• Return Receipt No.: [TRACKING #] (attached as Exhibit 2).

d. ☐ Other Court-Authorized Method — [DESCRIBE, cite rule/order].

[// GUIDANCE: Delete unused options to avoid confusion. If multiple defendants are served, repeat Section III for each individual and label sequentially.]

IV. COMPLIANCE WITH TIMING REQUIREMENTS

Service occurred within 90 days after filing of the complaint as required by N.D. R. Civ. P. 4(j).

V. DESCRIPTION OF INDIVIDUAL SERVED

(Complete for personal or substitute service)
• Sex: [ ] • Approx. Age: [ ] • Height: [ ] ft [ ] in • Weight: [ ] lbs • Other ID features: [DESCRIPTION]

VI. SERVICE FEES

I received or expect to receive $ [AMOUNT] for conducting the above service.

VII. AFFIRMATION

I declare under penalty of perjury under the laws of the State of North Dakota that the foregoing is true and correct.

DATED: [DATE]

[PROCESS SERVER SIGNATURE]
[PROCESS SERVER PRINTED NAME]

VIII. NOTARY ACKNOWLEDGMENT

State of North Dakota  )
County of [COUNTY]   ) ss.

On this _ day of ___, 20____, before me, a notary public in and for said state, personally appeared [PROCESS SERVER NAME], known or proved to me to be the person whose name is subscribed to the foregoing Affidavit of Service, and being first duly sworn, declared that the statements therein are true to the best of his/her knowledge, information, and belief.

Notary Public for the State of North Dakota
My commission expires: __

OPTIONAL EXHIBITS

• Exhibit 1 – Exact copies of all Subject Documents served
• Exhibit 2 – Certified-mail green card or USPS tracking proof (if applicable)
• Exhibit 3 – Log of service attempts, photographs, or GPS data (recommended for disputed service)

[// GUIDANCE: Attach only those exhibits that exist; delete unused exhibit descriptors to keep the record concise.]

[// GUIDANCE FOR COUNSEL:
1. Rule Citations – This template references N.D. R. Civ. P. 4(d) (methods) and 4(j) (90-day deadline). Verify no intervening amendments before filing.
2. Substitute Service – North Dakota strictly construes “due diligence.” Retain documentary proof (e.g., attempt logs) to defend service if challenged.
3. Certified Mail – Attach the signed domestic return receipt; if refused or unclaimed, review N.D. R. Civ. P. 4(e)(3) for next steps.
4. Multiple Defendants – File a separate, fully-executed affidavit for each individual entity served.
5. E-File Formatting – If electronically filing, scan notarized original at 300 dpi, ensure legibility of notary stamp/seal, and comply with ND Supreme Court Admin. Rules § 3.4 (e-filing).]