RULE 4. SERVICE OF PROCESS.

1. Summons and Complaint may be served within the exterior boundaries of the Rosebud Indian Reservation by any law enforcement officer or Tribal member who is a resident of the Rosebud Indian Reservation of the age of eighteen (18) years or older and who is not a party to the litigation.  Service of Summons and Complaint upon any party outside the boundaries of the Rosebud Indian Reservation may be made in the manner prescribed for service of process in that jurisdiction.
2. The Summons and Complaint shall be served by delivering copies thereof.  Service in the following manner shall constitute personal service:
   1. If the action is against a corporation, service shall be made on the President, Secretary, Cashier, Treasurer, a Director, or managing or registered agent thereof and such service may be made within or outside the jurisdiction.  In case the process server shall return the Summons with his certificate that no such officer, director or agent conveniently be found, service may be made by leaving a copy of the Summons and Complaint at any office of the corporation with the person in charge of such office.
   2. If the action be against a minor, service shall be made on a parent or person having custody and if the minor over the age of fourteen (14) years, then also upon the minor personally, and in any event, on the legally-appointed general guardian if one exists.  If a guardian ad litem has been appointed, service shall also be made on the guardian ad litem.
   3. If the action is against a person judicially declared to be of unsound mind or who is an inmate of any institution or mentally incompetent or for whom a general guardian has been legally appointed, service shall be made on such guardian and upon the superintendent of such institution or person having custody of the Defendant and also upon the incompetent Dependent.
   4. Whenever the manner of service of process is specified in any statute or rule specifically relating to the action; remedy of special proceeding, the manner of service there specified shall be followed.
   5. In all other cases on the Defendant personally.
3. Service in the following manner shall also constitute personal service.  If the Defendant cannot be conveniently found, service may be made by leaving a copy of the Summons and Complaint at the Defendant’s dwelling house and delivered to a member of the Defendant’s family or household over the age of fourteen (14) years.
4. Proof of the regular service of a Summons and Complaint or any other legal document must state the time, place and manner of such service and must be made as follows:
   1. If served by a law enforcement officer or other process server, his certificate thereof;
   2. If served by any other person, his affidavit thereof;
   3. If admitted by the party upon whom service may have been made, then by the written admission of such party or his attorney; or
   4. If served by publication, by the affidavit of the publisher of the newspaper or other employee showing such regular publication and an affidavit of the party or his attorney showing regular mailing of copies to the party to be served at his last known post office address.
5. Personal service shall be deemed completed if the person to be served is informed of the purpose of the service and provided copies of the papers being served and said copies are either received by the person to be served or left within his reach.  Whether the person accepts or refuses to accept said copies is immaterial.
6. If the Plaintiff can establish to the satisfaction of the Court by affidavit that he was made a diligent effort to obtain personal service as provided by these rules upon a Defendant both with and without this jurisdiction, and that despite such diligent effort, personal service cannot be obtained on a Defendant, then and in such event, the Court may authorize service by publication of the Summons Service by publication shall constitute publishing the contents of the Summons in a local newspaper of general circulation at least once a week for four consecutive weeks and by mailing by first class mail, postage prepaid, a copy of the Summons and Complaint to the Defendant at his last known post office address.
7. The Court may in its discretion on such terms as it deems proper at any time allow any Summons or other process or proof of service to be amended unless it clearly appears that the substantial rights of the person against whom the process was issued would be prejudiced thereby.