(a)        A civil action is commenced by filing a complaint or petition and serving a copy of such on the defendant or respondent as provided herein.  The Court shall have jurisdiction from such time as the complaint or petition and summons are filed.  The complaint or petition must be properly served upon the defendant or respondent and a return of service must be filed with the Clerk.

(b)        Service of process shall consist of delivering to the party served a copy of the complaint or petition and summons, issued by the Clerk, which advises the defendant or respondent that she/he is required to answer the complaint or petition within 20 days or a default judgment will be entered against her/him.

(1)          The return of service shall be endorsed with the name of the person serving and the date, time, and place of service and shall be filed with the clerk.

(2)          Service may be made on a party by delivering the required papers to the party or upon some person of suitable age and discretion over 16 years old at the party's home or principal place of business, or on an officer, managing agent or employee, or partner of a non-individual party.

(3)          Service by publication may be made upon order of the Court for good cause shown by publishing the contents of the summons in a local newspaper of general circulation at least once per week for three weeks and by leaving an extra copy of the complaint or paper with the Court for the party.

(4)          Service may be made by any law enforcement officer so authorized by the Court or other person, not a party, 18 years of age or older.

(5)          Service upon a person otherwise subject to the jurisdiction of the Prairie Island Mdewakanton Dakota Community Tribal Court may be made anywhere in the United States.

(6)          If a person personally refuses to accept service, it shall be deemed performed if the person is informed of the purpose of the service and offered copies of the papers served.

(c)        Except as otherwise provided in these Rules, every order required by its terms to be served, every pleading subsequent to the original complaint or petition, every written motion other than one which may be heard ex parte, and every written notice, appearance, demand, offer of judgment, designation of record on appeal, and similar paper shall be served upon each of the parties or their attorneys of reference. 

In an action begun by seizure of property, in which no person need be or is named as defendant, any service required to be made prior to the filing of an answer, claim or appearance shall be made upon the person having custody or possession of the property at the time of its seizure.

Service by facsimile upon other parties is not allowed.   Filing with the Court by facsimile may be allowed with permission of the Court.

(d)        All papers required to be filed or served shall be deemed filed or served on the date of mailing via U.S. Mail (with the exception of those papers requiring personal service as provided in these Rules or by order of the Court), or on the date of facsimile with court permission, in which case originals must be received by the Court within five (5) days.