Rule 5.Service and Filing of Pleadings and Other Documents

Group II: Commencement of Action; Service of Process, Pleadings, Motions, and Orders · Last amended March 1, 2021 · Last verified July 15, 2026

In one sentenceRule 5 governs how pleadings, motions, discovery documents, and other papers besides the summons and complaint are served on the parties and filed with the court, requiring electronic service and electronic filing through the Odyssey system for most documents.

Full Text of Rule 5

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(a) Service -- When required.

(1) In general. Other than service of a summons and complaint under Rule 4, each of the following documents must be served under this rule on every party, unless the rules provide otherwise:

(A) an order, unless the court orders otherwise;

(B) a pleading served after the original summons and complaint, unless the court orders otherwise under Rule 5(c) because there are numerous defendants;

(D) a written motion, except one that may be heard ex parte; and

(E) a written notice, appearance, demand, or offer of judgment, or any similar document; and

(F) every document filed with the clerk or submitted to the judge.

(2) If a party fails to appear. No service is required on a party who is in default for failing to appear. But a pleading that asserts a new claim for relief against such a party must be served on that party under Rule 4.

(3) Seizing property. If an action is begun by seizing property and no person is or need be named as a defendant, any service required before the filing of an answer, claim, or appearance must be made on the person who had custody or possession of the property when it was seized.

(4) Reopening proceedings. In any proceeding to modify an order for spousal support or child support or an order on parental rights and responsibilities, service may be made on each party under Rule 5(b), unless the court orders service on a party under Rule 4.

(b) Service -- How made.

(1) Service in general. A document that is required to be filed must be served electronically under the procedure specified in N.D.R.Ct. 3.5. Electronic service on an attorney must be made to the designated e-mail service address posted on the N.D. Supreme Court website. Electronic service is complete on transmission. Except as provided in N.D.R.Ct. 3.5 (e)(4), electronic service is not effective if the serving party learns through any means that the document did not reach the person to be served.

(2) Persons served.

(A) Service on a party represented by an attorney. If a party is represented by an attorney, service under this rule must be made on the attorney unless the court orders service on the party. If an attorney is providing limited representation under Rule 11(e), service must be made on the party and on the attorney for matters within the scope of the limited representation.

(B) Persons exempt from electronic service. Persons who are exempt from electronic service and filing under N.D.R.Ct. 3.5 must serve documents under Rule 5(b)(3).

(3) Other service. A document that is not required to be filed, or that will be served on a person exempt from electronic service, is served under this rule by:

(A) handing it to the person;

(B) leaving it:

(i) at the person's office with a clerk or other person in charge or, if no one is in charge, leaving it in a conspicuous place in the office; or,

(ii) if the person has no office or the office is closed, at the person's dwelling or usual place of abode with someone of suitable age and discretion who resides there;

(D) sending it by a third-party commercial carrier to the person's last known address, in which event service is complete upon deposit of the document to be served with the commercial carrier;

(E) if no address is known, on order of the court by leaving it with the clerk of court;

(F) sending it by electronic means if the person consented in writing, in which event service is complete on transmission, but is not effective if the serving party learns that it did not reach the person to be served; or

(G) delivering it by any other means that the person consented to in writing.

(1) In general. If an action involves an unusually large number of defendants, the court may, on motion or on its own, order that:

(A) defendants' pleadings and replies to them need not be served on other defendants;

(B) any crossclaim, counterclaim, avoidance, or affirmative defense in those pleadings and replies to them will be treated as denied or avoided by all other parties; and

(2) Notifying parties. A copy of every such order must be served on the parties as the court directs.

(d) Filing.

(1) In general. Unless a statute, court rule, or court order provides otherwise, all documents in an action must be filed with the clerk electronically, through the Odyssey(R) system.

(2) Initiating pleading.

(A) The summons and complaint.

(i) The summons and complaint, or other initiating pleading, must be filed before a subpoena may be issued. Unless otherwise authorized by rule or statute, a party seeking to file an initiating pleading must provide proof that the pleading was served under Rule 4. The proof of service must be filed with the initiating pleading.

(ii) A party who files a complaint or other initiating pleading must serve notice of filing on the other parties.

(iii) The defendant may demand that the plaintiff file the complaint. - Service of the demand must be made under Rule 5(b) on the plaintiff's attorney or under Rule 4(d) on the plaintiff if the plaintiff is not represented by an attorney. - In cases with multiple defendants, service of a demand by one defendant is effective for all the defendants.

- If the plaintiff does not file the complaint within 20 days after service of the demand, service of the summons is void.

- The demand must contain notice that if the complaint is not filed within 20 days, service of the summons will be void, unless, after motion made within 60 days after service of the demand for filing, the court finds excusable neglect.

(iv) The defendant may file the summons and complaint, and the costs incurred on behalf of the plaintiff may be taxed as provided in Rule 54(e).

(B) The answer. Within a reasonable time after service of the notice of filing the complaint or initiating pleading, the defendant or respondent must file the answer and notify the plaintiff of the filing.

(3) Discovery materials. A party must not file discovery materials with the clerk unless:

(A) the materials are being submitted to the court for disposition of a pending motion;

(B) the court orders them to be filed; or

(C) a party certifies that the filing is necessary for safekeeping of the documents or exhibits pending case completion, in which event the party must state the reasons safekeeping is necessary.

(4) Return of discovery materials.

(A) The clerk shall return the following documents to the filing party upon final disposition of an appeal or, if no appeal is filed, upon expiration of the time for appeal:

(i) depositions;

(ii) interrogatories;

(iii) requests for admission;

(iv) requests for interrogatories;

(v) requests for production of documents; and

(vi) answers and responses to the above documents.

(B) If the filing party does not claim a filed document within 60 days after notification to do so, the clerk may dispose of the document as directed by court order.

(5) Documents to be used on hearing. Unless otherwise directed by the court, all declarations, notices and other documents designed to be used on the hearing of a motion or order to show cause must be filed at least 24 hours before the hearing.

(6) Failure to comply. If a party fails to comply with this subdivision, the court, on motion of any party or its own motion, may order the documents to be filed. If the order is not obeyed, the court may order them to be regarded as stricken and their service to be ineffective.

(7) Rejection. Except as otherwise provided under Rules 13, 14, or 15, the clerk must reject for filing any document that adds a party to an action or proceeding without a court order. The clerk must endorse on the document a notation that it is rejected for filing under this rule and return the document to the person who tendered it for filing.

(e) Removal of pleadings for service. 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.

(f) Proof of service. Proof of service under this rule is made as provided in Rule 4 or by an attorney's or court personnel's certificate showing that service was made under subdivision (b).

Explanatory Note

Rule 5 was amended effective 1971, July 1, 1981; March 1, 1986; January 1, 1988; March 1, 1990; March 1, 1992, on an emergency basis; March 1, 1994; January 1, 1995; March 1, 1998; March 1, 1999; March 1, 2003; March 1, 2008; March 1, 2009; March 1, 2011; March 1, 2013; April 1, 2013; March 1, 2014; March 1, 2016; March 1, 2021.

Rule 5 applies to service of documents other than "process." In contrast, Rule 4 governs civil jurisdiction and service of process. When a statute or rule requiring service does not pertain to service of process, nor require personal service under Rule 4, nor specify how service is to be made, service may be made as provided in Rule 5(b). An example of a rule that requires a particular type of service is N.D.R.Ct. 11.2, which specifies that attorneys seeking to withdraw from representation must give notice to their client "by personal service, by registered or certified mail, or via a third-party commercial carrier providing a traceable delivery."

Subdivision (a) was amended, effective March 1, 2008, to improve organization and to make the subdivision easier to understand.

Paragraph (a)(4) was added, effective March 1, 2016, to specify service methods in proceedings to modify spousal support, child support or parental rights and responsibilities orders.

Paragraph (b)(1) was amended, effective March 1, 2009, to make it clear that, when an attorney has served a notice of limited representation under Rule 11(e), service of documents on the attorney is not required except for documents within the scope of the limited representation. Rule 5, Rule 11 and N.D.R.Ct. 11.2, were amended to permit attorneys to assist otherwise self-represented parties on a limited basis without undertaking full representation of the party.

Paragraph (b)(1) was amended, effective March 1, 2014, to require any electronic service on an attorney to be made to the attorney's designated e-mail address as posted on the North Dakota Supreme Court website.

Paragraph (b)(2) was amended, effective April 1, 2013, to specify that electronic service through the Odyssey(R) system under the procedure specified in N.D.R.Ct. 3.5 is required for most documents that will be filed with the court.

Paragraph (b)(3) was amended, effective March 1, 2009, to provide for service by electronic means and to improve organization. Parties seeking to serve documents by electronic means must consult N.D.R.Ct. 3.5 for electronic service instructions.

Paragraph (b)(3) was amended, effective April 1, 2013, to specify that the other means of service listed in the paragraph apply only when the document served is not required to be filed or when it will be served on a person exempt from electronic service.

Subdivision (b) was amended, effective March 1, 1999, to permit service via a third-party commercial carrier as an alternative to the Postal Service. The requirement for a "third-party commercial carrier" means the carrier may not be a party to nor interested in the action, and it must be the regular business of the carrier to make deliveries for profit. A law firm may not act as or provide its own commercial carrier service with service complete upon deposit. In addition, the phrase "commercial carrier" does not include electronic delivery services.

Paragraph (d)(1) was amended, March 1, 2008, to delete a reference to the note of issue and certificate of readiness.

Paragraph (d)(1) was amended, effective April 1, 2013, to specify that filing must be accomplished electronically through the Odyssey(R) system unless a statute, rule or order provides otherwise.

Subparagraph (d)(2)(A) was amended, effective March 1, 2013, to require that proof of service be provided and filed by a party seeking to file an initiating pleading. Under Rule 3, an action is commenced on service of the initiating pleading, not on filing. Unless a rule specifically provides otherwise, service under Rule 4 must be accomplished before any pleadings in an action may be filed.

Subparagraph (d)(2)(A) was amended, effective March 1, 2013, to include language allowing the defendant to demand filing of the complaint or to file the complaint itself. This language was transferred from Rule 4.

Subparagraph (d)(2)(A) was amended, effective April 1, 2013, to clarify that any party who files a complaint or other initiating pleading must serve notice on the other parties in the matter. Service of the summons must be made under Rule 4.

Subdivision (f) was amended, effective March 1, 2003, to permit proof of service to be made by court personnel as well as by an attorney. Proof of service may also be made in the same manner as provided by Rule 4(i).

Rule 5 was amended, effective March 1, 2011, in response to the December 1, 2007, revision of the Federal Rules of Civil Procedure. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules.

Rule 5 was amended, effective April 1, 2013, to replace the term "paper" with "document" throughout the rule.

Rule 5 was amended, effective March 1, 2021, to delete the term "affidavit" and replace it with "declaration." This amendment was made in response to N.D.C.C. ch. 31-15, which allows anyone to make an unsworn declaration that has the same effect as a sworn declaration, such as an affidavit. N.D.C.C. § 31-15-05 provides the required form for an unsworn declaration.

Plain-English Summary

Once a case is underway, Rule 5 — not Rule 4 — controls how the parties exchange documents with each other and with the court. It reaches nearly everything filed after the original summons and complaint: orders, later pleadings, discovery documents, written motions, notices, and anything submitted to the clerk or the judge. Subdivision (a) also carves out sensible exceptions — no service is owed to a defaulted party who never appeared, unless a pleading adds a new claim against that party, in which case Rule 4 service applies instead.

Subdivision (b) makes electronic service the default: a document that must be filed must also be served electronically under the state court system's rules, sent to an attorney's designated e-mail address, and it is complete on transmission unless the sender learns it never arrived. A party represented by an attorney is served through that attorney, except that a limited-representation attorney under Rule 11(e) and the client both get served on matters inside the scope of that limited representation. People exempt from electronic service fall back on the older methods in Rule 5(b)(3) — hand delivery, leaving the document at an office or home, mail, commercial carrier, filing with the clerk if no address is known, or any method the recipient has agreed to in writing.

Subdivision (d) covers filing itself, which North Dakota requires to happen electronically through the Odyssey system absent a contrary statute, rule, or order. A party filing an initiating pleading must first prove it was served under Rule 4, and a defendant can demand that the plaintiff file the complaint — if the plaintiff misses the 20-day deadline that follows, service of the summons becomes void unless the court excuses the delay for excusable neglect on a motion made within 60 days. Discovery materials generally stay out of the court file unless they support a pending motion, the court orders them filed, or a party certifies that filing is necessary to keep them safe, and the clerk returns them to the filing party once an appeal is resolved or the time to appeal runs out. The clerk also must reject, rather than file, any document that adds a party without a court order, except where Rules 13, 14, or 15 already permit it.

Subdivision (e) allows removing an original pleading from the court file, on request, so it can be served, as long as it comes back without delay. Subdivision (f) explains how to prove service happened — either the same way as under Rule 4, or by a certificate from an attorney or court personnel.

Frequently Asked Questions

Do I have to serve documents electronically in North Dakota civil cases?

Generally, yes. Rule 5(b)(1) requires that a document required to be filed also be served electronically under the procedure specified in N.D.R.Ct. 3.5, sent to an attorney's designated e-mail address, unless the person being served is exempt from electronic service and filing.

Who gets served with filings if I have a limited-representation attorney?

Rule 5(b)(2)(A) requires service on both the party and the limited-representation attorney for matters within the scope of that attorney's limited representation under Rule 11(e).

Can the defendant force the plaintiff to file the complaint after being served with the summons?

Yes. Rule 5(d)(2)(A)(iii) lets the defendant demand that the plaintiff file the complaint. If the plaintiff does not file within 20 days after service of the demand, service of the summons becomes void, unless the court finds excusable neglect on a motion made within 60 days after service of the demand.

Are discovery documents like depositions and interrogatories automatically filed with the court?

No. Rule 5(d)(3) keeps discovery materials out of the court file unless they are submitted for a pending motion, the court orders them filed, or a party certifies that filing is necessary for safekeeping pending case completion.

What happens if I try to add a new party to a case just by filing a document?

Rule 5(d)(7) requires the clerk to reject that document for filing unless a court order permits it, except where Rules 13, 14, or 15 already allow adding a party by that kind of filing.

Source & verification. Rule text and the Explanatory Note are reproduced verbatim from the North Dakota Rules of Civil Procedure, adopted by the Supreme Court of North Dakota. Last verified July 15, 2026. · Official source

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