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28-06.2 Service of Process on United States

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CHAPTER 28-06.2SERVICE OF PROCESS ON UNITED STATES28-06.2-01. Process served upon the United States - Persons designated to receivesummons and complaint.Service must be made upon the United States by any personauthorized to make service under state law or the rules of civil procedure by delivering a copy of<br>the summons and of the complaint to the United States attorney for the federal judicial district in<br>which the action is brought, or to an assistant United States attorney in that district, or to a<br>clerical employee designated by the United States attorney, and by sending a copy of the<br>summons and of the complaint by certified mail to the attorney general of the United States, at<br>Washington, District of Columbia, and in any action attacking the validity of an order of an officer<br>or agency of the United States not made a party, by also sending a copy of the summons and of<br>the complaint by certified mail to such officer or agency.28-06.2-02. Service upon officer, employee, agency, or government corporation ofthe United States. Service upon an officer, employee, or agency of the United States must be<br>made by serving the United States, and by delivering a copy of the summons and of the<br>complaint to such officer, employee, or agency.If the agency being sued is a governmentcorporation, a copy of the summons and of the complaint must be served in the manner service<br>is authorized by state law or the rules of civil procedure for service on a domestic corporation.28-06.2-03. Answer by United States - Time limitation. The United States, or anofficer, employee, or agency thereof, shall serve an answer to the complaint or to a cross-claim,<br>or a reply to a counterclaim, within sixty days after service upon the United States attorney of the<br>pleading in which the claim is asserted.28-06.2-04.Service upon officer or employee acting under color of federalemployment. The provisions of sections 28-06.2-02 and 28-06.2-03 apply to any action seeking<br>relief against an officer or employee of the United States for any act done under the color of the<br>person's office or employment.28-06.2-05.Procedures governing other matters remain the same.Except asotherwise provided in this chapter, or by express provision of other law, procedures governing<br>suits against the United States, or any of its agencies, officers, or employees acting in their<br>official capacities, shall be those governing similar suits to which the United States, or an agency,<br>officer, or employee, is not a party.Page No. 1Document Outlinechapter 28-06.2 service of process on united states