After you file a complaint or other legal action in the state of Minnesota, the Minnesota Rules of Civil Procedure require that you provide the defendant with a copy of all filed documents. This is commonly referred to as service of process. This procedure ensures that the defendant receives actual notice of the pending action, and that the defendant has an opportunity to appropriately respond to the action. If you fail to serve the defendant with all filed documents, the court may dismiss your lawsuit. Therefore, it is important to complete all necessary service of process requirements in Minnesota.

A process server is the individual that delivers the filed court documents to the defendant. In Minnesota, anyone over the age of 18 and not a party to the action can be a process server. There are several methods of serving a defendant in a lawsuit. For example, the process server can personally serve the defendant. Personal service involves handing the defendant a copy of the documents at the defendant’s home, place of work, or any other public location. The state of Minnesota also recognizes substituted service as an effective method of accomplishing service. Minnesota allows a process server to leave a copy of the documents at the defendant’s place of residence, with an individual of suitable age and discretion. In addition, the parties are free to arrange any other method of service, as long as the agreement is made in writing. Other methods of service may include serving the defendant’s attorney with any filed documents or electronic service by fax or email.

After the process server completes service, the process server will complete  an affidavit of service. The affidavit of service describes the date, place, time and method the process server accomplished service. In addition, if the process server used substituted service to complete service, the process server should indicate where substituted service occurred in addition to the name or description of the individual that accepted service on the defendant’s behalf. The affidavit of service  must be filed with the Civil Division of the District Court court prior to your first appearance. The affidavit of service  provides evidence to the court of the defendant’s knowledge of the lawsuit if the defendant fails to respond to the lawsuit or appear in court. An affidavit of service may be very important if the plaintiff requests the court to enter a default judgment against the defendant due to the defendant’s failure to respond to the legal action. The affidavit of service will support the plaintiff’s request because the plaintiff will be able to provide the court with the exact date and time the defendant received notice of the case. In Minnesota, the affidavit of service is available online at http://www.mncourts.gov/district/2/?page=1123.

Fulfilling the service of process requirements in Minnesota can be confusing. Therefore, if you have any additional questions or concerns regarding how to complete service in Minnesota, visit the Minnesota Courts Judicial Branch’s  website http://www.mncourts.gov/district/2/?page=1123.