N.D.C.C. §§ 47-32-01 through 47-32-05 § 47-32-02
Appearance - Notice of intention to evict - When required - When and how served.
Operative Text
47-32-02. Appearance - Notice of intention to evict - When required - When and how
served.
In any action for eviction the time specified in the summons for the appearance of the
defendant may not be fewer than three nor more than fifteen days from the date on which the
summons is issued. If the person cannot be found in the county, of which the return of the sheriff
or process server is prima facie proof, and service has been attempted at least once between
the hours of six p.m. and ten p.m. upon the filing of an affidavit of the plaintiff or the plaintiff's
attorney stating that the defendant cannot be found or on belief that the defendant is not in this
state and a copy of the summons has been mailed to the defendant at the defendant's
last-known address if any is known to the plaintiff, service of the summons may be made upon
the defendant by the sheriff or process server posting the summons upon the door of the
residential unit. In all cases arising under subsections 4, 5, 6, and 8 of section 47-32-01, three
days' written notice of intention to evict must be given to the lessee, subtenant, or party in
possession, before proceedings can be instituted. The notice may be served and returned as a
summons is served and returned or, if the party cannot be found, then by the sheriff of the
county or a process server posting the notice conspicuously upon the premises. Service by
delivery of a copy of the summons to the defendant in person within the county must be made at
least three days before the time fixed for the appearance of the defendant. Service elsewhere or
personal service in any other mode must be made at least seven days before the time fixed for
the appearance of the defendant.Under N.D.C.C. § 47-32-02, eviction proceedings in North Dakota follow specific timing and service rules. The summons must give the defendant between three and fifteen days to appear, and in certain cases — particularly those arising under specific subsections of § 47-32-01 — a three-day written notice of intent to evict must be provided before any court action can begin. When a defendant cannot be located, the law permits alternative service methods, such as posting the summons on the door of the residential unit, provided certain procedural steps have been followed first.
Plain English — not legal advice.
Property owners and managers initiating eviction actions in North Dakota should be aware that § 47-32-02 sets firm procedural requirements that must be satisfied before proceedings can move forward. For cases falling under subsections 4, 5, 6, and 8 of § 47-32-01, a compliant operator provides three days' written notice of intention to evict before filing with the court. Operators also ensure that summons timing aligns with the statute's requirements — at least three days before appearance for in-county personal service, or at least seven days for service made elsewhere or by other means.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under § 47-32-02, tenants in North Dakota have the right to receive proper notice and adequate time to respond before an eviction case proceeds. In many circumstances, this means receiving at least three days' written notice of the landlord's intention to evict before any court action is filed, and the summons itself must allow a set window of time to appear. Tenants who believe these procedural requirements were not followed may be able to raise that issue in court proceedings, and consulting a tenant-rights organization familiar with North Dakota law can help clarify available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation