TCT.2.9.020 Service of the Summons and Complaint

Service of the summons and complaint may be by the following methods:

(a) Natural Person. The plaintiff may cause personal service to be made upon the defendant by hand delivery to the defendant in person or to any person of apparent normal understanding no less than 16 years old residing within the residence of the defendant.

(b) Natural Person under Disability. When the defendant is a minor under the age of 18 years, service shall be made upon the minor's parent or guardian. When a minor defendant is 14 years of age or over, service shall also be made on the minor. When the defendant is an adult who is known by the plaintiff to have a guardian, service shall be made on the defendant and on the defendant's guardian. Service may be made personally as provided in Section TCT.2.9.020(a) above.

(c) Service on Tribe. When the defendant is the Tribe, service may be made by delivering a copy of the summons and complaint to the Chairman, Vice-Chairman, or Secretary-Treasurer of the Tribe, or the Attorney General or the Chairman's administrative assistant.

(d) Service on other Governmental Bodies. When the defendant is a governmental body other than the Tribe, service shall be made on the agent of the governmental body as designated under the law of the State in which service is made; however, service may be made either personally or by certified mail as provided in this section. If service is made personally, it may be made upon the agent so designated or upon the person apparently in charge of the agent's office.

(e) Service on Domestic or Foreign Corporations or Limited Liability Companies. When the defendant is a domestic or foreign corporation or limited liability company, service shall be made on the agent of the domestic or foreign corporation or limited liability company as designated under the law of the State in which service is made; however, service may be made either personally or by certified mail as provided in this section. If service is made personally, it may be made upon the agent so designated or upon the person apparently in charge of the agent's office.

(f) Service by Certified Mail. A plaintiff may request the Clerk of Court to make service by certified mail, in which case the Clerk of Court shall mail a copy of the summons and complaint to each defendant, other individual, or agents as designated according to defendant's status under Section TCT.2.9.020(a), above. Mail shall be certified, return receipt requested, return requested if not claimed within five days. The Clerk shall charge the plaintiff the fees as required by Section TCT.2.15.010 of this ordinance for service by certified mail, receipt requested, return postage guaranteed. Service by mail shall be complete upon mailing unless the envelope enclosing the summons and complaint is returned unopened by the post office to the Clerk of Court prior to the date of the first appearance.

(g) Service by Publication. If service cannot reasonably be made under Section TCT.2.9.020(a) of this ordinance, service by publication may be made. Plaintiff shall cause a summons to be published in a newspaper of general circulation in the area of the defendant's last known residence. The summons for publication shall inform the defendant that a lawsuit has been filed against the defendant in Lac Courte Oreilles Tribal Court, and shall give the names of the parties, the case number, and the address of the Clerk of Court, with the advice that a copy of the full summons and complaint may be obtained at that address. Publication shall occur once each week for three consecutive weeks. The plaintiff shall file an affidavit showing the required publication and an affidavit detailing attempts to personally serve the defendant and to serve the defendant by mail and the reasons why such attempts failed and why the plaintiff does not believe additional attempts will be successful.

(h) Who May Serve. Any person over eighteen years of age, not a party to the action, may make personal service. In the case of personal service, an affidavit of service shall be returned to the Clerk of Court and shall constitute proof of service. If service is disputed, the person making personal service may be required to testify as to the circumstances of the service.