North Dakota § 28-01-38 - When action deemed commenced

Full text of North Dakota North Dakota Century Code § 28-01-38 — When action deemed commenced, with citation guidance and answers to common questions.

§ 28-01-38. When action deemed commenced

An action is commenced as to each defendant when the summons is served on that defendant, or on a codefendant who is a joint contractor or otherwise united in interest with that defendant. An attempt to commence an action is equivalent to the commencement thereof within the meaning of this chapter when the summons, with the intent that it shall be actually served, is delivered: 1. To the sheriff or other officer of the county in which the defendants or one of them usually or last resided; or 2. To the sheriff or other officer, if a corporation is defendant, of the county in which was situated the principal place of business of such corporation, or in which its general business was transacted, or in which it kept an office for the transaction of business. Such an attempt must be followed within sixty days by the first publication of the summons or the service thereof.

Frequently Asked Questions About North Dakota § 28-01-38

What does North Dakota Century Code § 28-01-38 cover?

Section 28-01-38 ("When action deemed commenced") is part of the North Dakota Century Code, the codified statutory law of North Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite North Dakota § 28-01-38?

A common citation format is "North Dakota Century Code § 28-01-38" (North Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of North Dakota law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the North Dakota official source linked on this page or consult a licensed North Dakota attorney.

How does North Dakota § 28-01-38 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in North Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in North Dakota.