Responding to a North Dakota complaint: 21 days, and the plaintiff must produce the paper

North Dakota uses the restyled federal 21 days, then handles default in a way that is genuinely its own. There is no clerk's entry of default and no clerk's judgment. The court directs the clerk, and where the claim rests on a written instrument the plaintiff has to put the document in front of the judge.

The deadline

N.D. R. Civ. P. 12(a)(1):

Unless another time is specified by this rule or a statute, the time for serving a responsive pleading is: (A) a defendant must serve an answer within 21 days after being served with the summons and complaint; (B) a party must serve an answer to a counterclaim or crossclaim within 21 days after being served with the pleading that states the counterclaim or crossclaim; (C) a party must serve a reply to an answer within 21 days after being served with an order to reply, unless the order specifies a different time.

Twenty-one days throughout, and the obligation is to serve.

After a motion, Rule 12(a)(2):

Unless the court sets a different time, serving a motion under this rule alters these periods as follows: (A) if the court denies the motion or postpones its disposition until trial, the responsive pleading must be served within 14 days after notice of the court's action; (B) if the court grants a motion for a more definite statement, the responsive pleading must be served within 14 days after the more definite statement is served.

Default: the court directs, and the paper must appear

N.D. R. Civ. P. 55(a):

If a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise appear and the failure is shown by declaration or otherwise, the court may direct the clerk to enter an appropriate default judgment in favor of the plaintiff and against the defendant as follows: (1) If the plaintiff's claim against a defendant is for a sum certain or a sum that can be made certain by computation, the court, on a declaration of the amount due and on production of the written instrument, if any, on which the claim is based, may direct the entry of judgment for the amount due plus costs and disbursements. (2) In all other cases, the court, before directing the entry of judgment, must require the necessary proof to enable it to determine and grant any relief to the plaintiff. To this end, the court may: (A) Hear evidence and assess damages; (B) Direct a reference for an accounting or for taking testimony or for a determination of the facts; or (C) Submit any issue of fact to a jury.

Four features worth separating.

The court directs; the clerk records. There is no independent clerical route in North Dakota. Even the sum-certain judgment is directed by a judge.

"Declaration," not affidavit. North Dakota accepts an unsworn declaration where most states still require a sworn affidavit. That is a modernisation, not a weakening — a false declaration carries the same consequences.

"Failed to plead or otherwise appear." Most states say "plead or otherwise defend." The difference is small but real: North Dakota frames the trigger around appearance.

And this is the one to check — for a sum-certain judgment the court acts "on production of the written instrument, if any, on which the claim is based." If a debt buyer sued you on a credit card account, the instrument is the contract. A plaintiff who cannot produce it has not met the rule's condition, and that is a question worth putting to the court before judgment rather than after.

In every other case the court must require "the necessary proof." Not a request and an affidavit — proof sufficient for the judge to determine the relief. The rule expressly contemplates hearing evidence, ordering a reference, or sending a fact question to a jury.

Protections at judgment

Rule 55(a)(3) carries the familiar safeguards:

A default judgment may be entered against a minor or incompetent person only if represented by a general guardian or other representative who has appeared. If the party against whom a default judgment is sought has appeared personally or by a representative, that party or its representative must be served with a motion for judgment. Notice must be served with the motion and must comply with N.D.R.Ct. 3.2(a).

Appearing remains the cheapest protective step available — in North Dakota it converts the plaintiff's paperwork into a served motion with notice, rather than an application you never see.

And constructive service carries a bond requirement. Rule 55(a)(4):

When service of the summons has been made by published notice, or by delivery of a copy outside the state, default judgment must not be entered until the plaintiff, if required by the court, has filed a court-approved bond that conforms to a court order regarding the restitution of property obtained from the judgment if a defense is later permitted and sustained. A bond is not required in actions involving the title to real estate or to foreclose mortgages or other liens.

That is a protection worth knowing if you were served by publication or outside North Dakota. The court may require the plaintiff to post security against the possibility that you turn up later with a defense and win.

Rule 55(b) adds a separate protection for public defendants:

A default judgment may be entered against the state, its officers, or its agencies only if the claimant establishes a claim or right to relief by evidence that satisfies the court.

Answering, or moving

Rule 12(b) lists the defenses a party may assert by motion:

(1) lack of subject-matter jurisdiction; (2) lack of personal jurisdiction; (3) improper venue; (4) insufficient process; (5) insufficient service of process; (6) failure to state a claim upon which relief can be granted; and (7) failure to join a party …

Serving one suspends the answer obligation rather than running alongside it. Consolidation and waiver work on the federal model, and outside material presented on a failure-to-state-a-claim motion converts it into a summary judgment motion.

How North Dakota compares

A short checklist

1. Calendar 21 days from service, and note the obligation is to serve your answer.
2. A Rule 12 motion suspends the deadline, and a denial leaves 14 days from notice of the court's action.
3. Raise your Rule 12 defenses together. An available defense omitted from the first motion is generally foreclosed.
4. Appear. The notice protections at judgment turn on it, and the rule frames default around a failure to plead or otherwise appear.
5. If a default judgment is sought on a written instrument, ask whether it has been produced. The rule makes production a condition of a sum-certain judgment.
6. In any other case, hold the plaintiff to "the necessary proof." The court must require it before directing judgment.
7. If you were served by publication or outside the state, ask about a bond. The court may require the plaintiff to post one before judgment enters, except in title and foreclosure actions.
8. Remember the court directs every default judgment — so there is always a judge to raise these points with.
9. Move promptly under Rule 60 if judgment has already been entered.

Where these rules live

• N.D. R. Civ. P. 4 — Persons Subject to Jurisdiction; Process; Service
• N.D. R. Civ. P. 5 — Service and Filing of Pleadings and Other Documents
• N.D. R. Civ. P. 6 — Computing and Extending Time; Time for Motion Papers
• N.D. R. Civ. P. 8 — General Rules of Pleading
• N.D. R. Civ. P. 12 — Defenses and Objections
• N.D. R. Civ. P. 15 — Amended and Supplemental Pleadings
• N.D. R. Civ. P. 55 — Default; Default Judgment
• N.D. R. Civ. P. 60 — Relief From a Judgment or Order

This page explains what the rules say. It isn't legal advice, and the standard for relief from a judgment under Rule 60(b) is developed in case law this site doesn't cover.