North Dakota Motion for Juror Summonses to Be Served by Mail

Category:
State:
Multi-State
Control #:
US-00795
Format:
Word; 
Rich Text
Instant download

Description

This is a model motion for jury summonses to be served by mail, rather than delivered by the sheriff's department or other official organ. Citing federal law, the motion argues that contact with government officials during the process of service would be presumptively prejudicial. You can adapt this form to fit your own facts and circumstances.
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FAQ

(4) Acquisition of Jurisdiction. A court of this state may acquire personal jurisdiction over any person through service of process as provided in this rule or by statute, or by voluntary general appearance in an action by any person either personally or through an attorney or any other authorized person.

You may make the request to be excused when completing the juror qualification questionnaire. If you wish to make the request after you have returned the questionnaire, you must submit a written request for excuse.

If service is made upon an agent who is not expressly authorized by appointment or by law to receive service of process on behalf of the defendant, a copy of the summons and complaint must be mailed or delivered via a third-party commercial carrier to the defendant with return receipt requested not later than ten days ...

(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 ...

Upon a filing party's request, an original pleading or document in any civil action, which by law is required to be filed in the clerk of court's office where the action is pending, may be removed from the files for the purpose of serving it either inside or outside the state but must be returned without delay.

Jurors must be at least 18 years old; U.S. citizens; North Dakota and county residents; able to read, speak and understand English reasonably well; physically and mentally able with reasonable accommodation to serve; and free from any loss of civil rights because of imprisonment for a felony.

An affidavit, declaration of service, or certificate of service gives the court proof of service.

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North Dakota Motion for Juror Summonses to Be Served by Mail