Detailed Answer
Service of process gives legal notice to a party that a lawsuit or motion has begun. North Dakota law sets specific rules for minors and people under guardianship to ensure they receive proper notice and can defend their rights. See ND Century Code §28-04-05 for service on minors and incapacitated parties (NDCC §28-04-05).
Service on Minors
When a minor defendant is involved, you must serve the summons and complaint on the minor’s guardian of the estate if one is appointed. If no guardian of the estate exists, serve a parent or general guardian. If neither is available, the court can appoint a guardian ad litem. The guardian ad litem will receive notice and represent the minor’s interests.
Service on Individuals Under Guardianship
If a court has appointed a guardian for an adult deemed incompetent, serve the guardian of the person or estate. You must name the guardian in the summons and complaint. If you cannot locate the guardian or no guardian exists, request the court to appoint a guardian ad litem under North Dakota Rules of Civil Procedure Rule 17. The guardian ad litem then receives service to protect the ward’s rights.
After service, you must file proof of service with the court, specifying the name of the guardian, parent, or guardian ad litem served and the date and method of service. Proper proof ensures you meet statutory requirements and preserves jurisdiction.
Helpful Hints
- Verify guardianship status by checking the court file or contacting the county clerk.
- Always name the guardian exactly as it appears in court records.
- If a guardian ad litem is needed, file a motion early to avoid service delays.
- Use a professional process server to ensure compliance with NDCC timelines.
- Keep a detailed record of service, including dates, methods, and who accepted the documents.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.