Service of the abatement order and notice described in section 18-01-20 may be made by publication in the same manner as a summons is published in a civil action, upon the order of the district court having jurisdiction of the proceeding. The order for publication must be issued if it appears to the court:

Terms Used In North Dakota Code 18-01-21

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • Rule: includes regulation. See North Dakota Code 1-01-49
  • Summons: Another word for subpoena used by the criminal justice system.

1.    By the return of the sheriff of the county in which the premises described in the order are situated, that the sheriff has been unable to make the service required by rule 4(d) of the North Dakota Rules of Civil Procedure upon any person or persons having or claiming an interest in the premises; or

2.    By affidavit, that any person having or claiming an interest in the premises described in the order is absent or is believed to be absent from the jurisdiction of the court so that service of the order and notice cannot be made upon that person in the manner provided by rule 4(d) of the North Dakota Rules of Civil Procedure.

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