Minnesota Service of Process Rules
Minnesota
State Serve Rules
Affidavit
Notary
Not Required
Refusal service
Yes, state defines as "refusal" on the affidavit
Mailing
Mail for corporate substitute service
Not Required
Mail for substitue service
Not Required
Minors, Incapacitated, and Jail
Incapacitated individuals + care/custody
Must serve individual + care/custody
Jail Care Custody Service
Yes, state requires service on the warden or person in charge
Jail Personal Service
Yes, state requires service directly on the incarcerated person
Service to a minor
<14, individual and parent/guardian
Proof Specialists
Mirrors Fed Rules
No
M&O
Not required for service
Substitute Service Rules - Business / Entity
Corporate subservice at a residence
Not Permissible
Government substitute service
No, must serve head of agency
Service of Corporate Person in charge
No, must serve agent/officer
Workplace substitute service
Not Permissible
Substitute Service Rules - Individuals
Due diligence prior to substitute service
Not Required
Minimum age for substitute service
Suitable age and discretion
Residential substitute service
Permissible
Spousal Service
Not Permissible
Subpoena Personal Service Only?
Subserve to a co-resident permissible
Substitute serve by posting (Nail & Mail)
Not permissible, must serve documents
When and where can you serve?
Endorcing the Summons prior to serving
Not required
Serve at a nursing home
Client policy
Sunday Service
Not Permissible
Eviction Summons Rules
Additional Rules - Eviction Summons
Additional rules - Servers
Residential and service has been attempted at least twice on different days, with at least one of the attempts having been made between the hours of 6:00 p.m. and 10:00 p.m. Posting must be up for at least 1 week before hearing
Mailing
Certified Mail
No
Mail always?
No
Mail if posted
Required
Mail if subserve
No
Mail SLA
3
Posting Rules
Due Diligence Prior to Posting
Required
Posting
Permissible (see "additional rules" section for more detail)
Eviction Posting Rules
Affidavit
Notary for Notice
Not required
Mailing
Certified Mail
Yes
Mail always?
Optional
Proof Specialists
Server/Marshal Required?
Server
**In all cases, please obtain:**
- The full name of the servee.
- Pictures of your attempt.
- Any license plates or vehicles.
**Hybrid Server (Minn. Stat. §504B.332)** Minnesota state law outlines specific requirements for serving notices in residential
eviction cases:
+ **Two (2) personal attempts** must be made on separate days
+ **One attempt must occur between 6:00 p.m. and 10:00 p.m.**
+ If both personal and substitute service attempts fail, **posting and mailing** are permitted after the second attempt
**Substitute Service Requirements:**
If the defendant cannot be found in the county, you may leave the summons and complaint:
+ With a person of suitable age and discretion at the defendant's last usual
place of abode, or
+ If no residence exists, with someone of suitable age occupying the property
described in the complaint
For more information, refer to **Minn. Stat. §504B.332, Subd. 3–4**.
**Personal Service, Individuals**. Please attempt to serve the defendant/servee in person.
**Corporations:** For businesses, you may serve a manager, officer, clerk, intake specialist, or registered agent. Please obtain the title of the person served. If the Registered Agent is a company (CSC, CT, Corporate Creations, etc.) they will have an Intake Specialist or Clerk accept service.
**Return of Service:** The proof of service shall contain the time, place, and manner of service.
