RULE 5. SERVICE AND FILING OF PLEADINGS AND OTHER PAPERS
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(e) Removal of Pleadings for Service. Upon the request of a party filing the same, any original pleading or paper in any civil action or proceeding, which by law is required to be filed in the office of the clerk of court for the county in which such action or proceeding is pending, may be removed from the files for the purpose of serving the same either within or without the state butshallmust be returned thereto without delay.
[Alternative]
(e) Removal of Pleadings for Service. Upon request, for the purpose of making service, an original pleading or paper may be removed from the clerk of court's office by the party who filed the pleading or paper. The pleading or paper must be returned without delay.
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EXPLANATORY NOTE
Rule 5 was amended, effective 1971, July 1, 1981; March 1, 1986; January 1, 1988; March 1, 1990; March 1, 1992, on an emergency basis; March 1, 1994; January 1, 1995; March 1, 1998; _____________________________.
SOURCES: Procedure Committee Minutes of _________________________; September 26-27, 1996, pages 16-17, 20; September 23-24, 1993, pages 19-20; April 29-30, 1993, page 20-21; November 7-8, 1991, page 3; October 25-26, 1990, pages 10-12; April 20, 1989, page 2; December 3, 1987, page 11; May 21-22, 1987, pages 17-18; February 19-20, 1987, page 4; September 18-19, 1986, page 8; November 30, 1984, pages 26-27; October 18, 1984, pages 8-11; November 29-30, 1979, page 2; September 20-21, 1979, pages 4-5; Rule 5, FRCivP.
STATUTES AFFECTED:
SUPERSEDED: Sections 28-0511, 28-0630, 28-2810, 28-2811, 28-2812, 28-2813, 28-2814, 28-2819, 28-2820, 28-2821, 28-3005, 31-0510, NDRC 1943.
CROSS REFERENCE: Rules 4 (Persons Subject to Jurisdiction-Process-Service), 45 (Subpoena), and 77 (District Courts and Clerks), NDRCivP; Rule 49 (Service and Filing of Papers), NDRCrimP; Rules 6.4 (Exhibits), 7.1 (Judgments, Orders and Decrees), NDROC.