Minnesota State Process Service

Service of process rules in Minnesota are primarily governed by the Minnesota Rules of Civil Procedure. Here is an overview of the key rules:

General Rules for Service (Rule 4, Minnesota Rules of Civil Procedure)

Who Can Serve:
- Service must be performed by a sheriff or any person at least 18 years old who is not a party to the case.
Methods of Service:
- Personal Service: Delivering a copy of the summons and complaint directly to the individual being served.
- Service at Residence: Leaving a copy at the individual’s usual place of residence with someone of suitable age and discretion residing there.
- Service on Corporations: Delivering a copy to an officer, managing agent, or another authorized agent of the corporation.
- Service by Mail (Rule 4.05): Permissible when specifically allowed by law, and it must be accompanied by acknowledgment of receipt to be valid.
Timing of Service:
- Service must occur within 90 days after the summons is issued, unless otherwise ordered by the court.

Special Rules for Certain Defendants:

Minors: Serve the minor’s parent, guardian, or legal custodian.
Incapacitated Persons: Serve the individual's guardian or conservator if one has been appointed, or as directed by the court.
Partnerships: Deliver a copy to a partner or managing agent.
Government Entities:
- State of Minnesota: Serve the attorney general.
- Counties, cities, or other local government entities: Serve a designated official (e.g., county auditor or mayor).

Service Outside of Minnesota:

Service on an out-of-state party may be accomplished under Rule 4.03 if the individual has sufficient contacts with Minnesota (subject to jurisdictional requirements).

Alternative Service Methods (Service by Publication):

Allowed only by court order if the plaintiff shows that the defendant cannot be located through due diligence and that other methods of service are impracticable. Notice must be published in a legal newspaper.

Proof of Service:

The person serving the documents must file an affidavit of service with the court, detailing the date, time, and method of service, along with a description of the person served.