§ 2-406 Service of first papers.
A. Due process and fairness require all parties to be notified of lawsuits filed against them, so they have an opportunity to respond. The petitioning party is responsible for providing notice to the other party unless applicable law or Court order states otherwise.
B. Personal service is the preferred method of service for first papers filed in a case. It requires any competent person over age eighteen (18) who is not the party to deliver a copy of the petition and summons to the party by:
1. Leaving a copy with the party wherever the party is located; or
2. Leaving a copy with any person at least age sixteen (16) at the party’s home or place of work; or
3. Leaving a copy with the person designated by tribal law to receive legal documents when the party is the Tribe or any of its instrumentalities; or
4. When the party is a company, corporation, or business, leaving a copy with the president or other head of the company or corporation, secretary, cashier, managing agent of the company or corporation or branch or local office, or to the secretary or office assistant of such individuals.
5. The party may obtain the service of a professional process server at his own expense and effort.
C. If personal service is prohibited because of a protective order, then the Court Clerk must arrange for service of process by certified mail, return receipt requested, to the party’s address or by other third-party delivery service that tracks packages and requires signatures at time of delivery. The Court may collect the cost of such service from the petitioning party.
D. The Court may approve service by certified mail, return receipt requested, or by publication in a newspaper of general circulation when the party files a written request stating:
1. Personal service was attempted at least twice and failed; or
2. Personal service would be futile because the party’s home and work are unknown, and the party has taken reasonable steps to locate the party’s home and work. (Res. 2021-43; Res. 2020-59; Res. 2020-42 Exh. A)