Summary
The Supreme Court of North Dakota held that service of process on the State and a state district court judge by certified mail did not comply with North Dakota Rule of Civil Procedure 4, so the district court lacked personal jurisdiction. Because the action was dismissed for insufficient service, the district court could not reach the merits of the judicial-immunity defense or dismiss with prejudice. The judgment was affirmed as modified to provide for dismissal without prejudice.
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Practice areas
Questions Presented
- Whether mailing the summons and complaint by certified mail with return receipt satisfied North Dakota Rule of Civil Procedure 4(d)(2)'s requirement of delivering process to the State and Judge Herman.
- Whether the district court could dismiss the action with prejudice, or adjudicate judicial immunity, when defective service deprived it of personal jurisdiction.
Holdings
- The term "delivering" in Rule 4(d)(2)(E) and (F) does not include mailing, even certified mail with return receipt and restricted delivery. Because Riemers did not properly serve the State or Judge Herman, the district court did not acquire personal jurisdiction over them.
- When personal jurisdiction is absent because service is defective, the court may dismiss only without prejudice and may not reach the merits of a judicial-immunity defense under those circumstances.
Key quotations
“We conclude therefore that "delivering" a copy of the summons as contemplated under N.D.R.Civ.P. 4(d)(2)(E) and 4(d)(2)(F) does not include mailing, even by certified mail with return receipt and restricted delivery.” (¶ 6)
“Absent personal jurisdiction, "the court is powerless to do anything beyond dismissing without prejudice."” (¶ 10)
Factual background
The action arose from rulings made by Judge Herman in domestic cases involving Riemers. Riemers mailed the summons and complaint by certified mail to Judge Herman, Governor John Hoeven, and Assistant Attorney General Wade Mann. Although all three return receipts were signed and returned, only one was signed by the addressee.
Procedural history
Riemers attempted to serve the State and Judge Herman by certified mail with return receipts. The district court concluded service was insufficient, that it lacked personal jurisdiction, and that the claims against Judge Herman were barred by judicial immunity; it dismissed the complaint with prejudice. The North Dakota Supreme Court affirmed dismissal but modified the judgment to make the dismissal without prejudice.
Remand instructions
The judgment was modified to dismiss the action without prejudice.