Minnesota Process Server Service of Process in All 87 Counties, Under Minn. R. Civ. P. 4

Who may serve a summons

The sheriff, or any other person at least 18 years old who is not a party to the action, unless the court orders otherwise. Those two conditions, age and non-party status, are the only qualifications Rule 4.02 states for a private server.

Rule 4.02

The sheriff’s part

Minn. Stat. § 387.03 directs the sheriff to execute all processes, writs, precepts and orders issued by lawful authority and delivered to the sheriff. A sheriff or other peace officer proves service by certificate rather than affidavit.

§ 387.03; Rule 4.06

What the summons states

The court’s name and the parties; the signature of the plaintiff or the plaintiff’s attorney; an address within the United States where that signer may be served in person and by mail; the time the rules allow for an answer; and notice that a default judgment follows if no answer is served.

Rule 4.01

Commencement by service

A Minnesota civil action is commenced against each defendant when the summons is served on that defendant, on the date that defendant signs a Rule 4.05 waiver, or when the summons is delivered for service to the sheriff of the county where the defendant resides. Filing is not the starting event.

Rule 3.01

Delivery to the sheriff: 60 days

The summons may reach the sheriff in person, by prepaid U.S. Mail, by commercial courier with proof of delivery, or electronically where the sheriff’s office consents. That delivery is ineffectual unless, within 60 days after it, the summons is actually served on that defendant or its first publication is made.

Rule 3.01(c)

Filing within one year

An action not filed with the court within one year of commencement against any party is deemed dismissed with prejudice against all parties, unless the parties sign a stipulation within that year to extend the filing period. Family cases under General Rules of Practice 301 to 378 are excluded.

Rule 5.04(a); Rule 3.01 comment

Complaint and answer

A copy of the complaint goes with the summons, except when service is by publication under Rule 4.04. The defendant then has 21 days after service of the summons to serve an answer, unless the court directs otherwise under Rule 4.043.

Rules 3.02, 12.01

Challenging defective service

Insufficiency of service of process is a Rule 12.02(d) defense. It is waived if left out of a Rule 12 motion in the circumstances of Rule 12.07, or if it is neither made by motion nor included in a responsive pleading or an amendment allowed as a matter of course. Separately, the court may dismiss an action for failure to prosecute or to comply with the rules.

Rules 12.02(d), 12.08(a), 41.02(a)

Counting the days

Leave out the day of the triggering event, count every day including Saturdays, Sundays and legal holidays, and include the last day; a last day on a Saturday, Sunday or legal holiday carries to the next day that is none of those. For this count a legal holiday is any § 645.44, subd. 5 holiday for the state or any statewide branch, and any day the U.S. mail does not operate. Minn. Stat. § 645.15 likewise omits a weekend or legal-holiday last day.

Rule 6.01(a)⁠(1), (d); § 645.15

Enlarging a time period

For cause shown the court may enlarge a period on a request made before it expires, or after it expires on motion where the failure to act came from excusable neglect. Rule 6.02 cannot extend the time to act under Rule 4.043 (defending after published notice) except to the extent and on the conditions Rule 4.043 states. The one-year filing period of Rule 5.04(a) is extended by the parties’ signed stipulation.

Rules 6.02, 5.04(a)

Individuals and the usual place of abode

Hand the copy to the individual personally, or leave it at the individual’s usual place of abode with a person of suitable age and discretion then residing there. Rule 4.03(a) sets no numeric age for that person; the person must live at the residence.

Rule 4.03(a)

Children under 14

The child is served and, in addition, the child’s father or mother. If neither parent is within Minnesota, a resident guardian known to the plaintiff is served; failing one, the person who has control of the child, with whom the child lives, or who employs the child.

Rule 4.03(a)

Institutions and guardians ad litem

An individual confined to a state institution is served personally or at the abode as usual, and the chief executive officer at the institution is served as well. A minor or incompetent party without a representative is represented by a guardian ad litem appointed by the court where the action is pending or will be brought.

Rules 4.03(a), 17.02(a)

Agents named by statute

Where an individual has, under a statute, consented to another method of service or named an agent to receive a summons, or a statute designates a state official to receive it, service may be made in the manner that statute provides. A nonresident person or corporation that owns or claims an interest or lien in Minnesota land and appoints an agent under § 557.01 is served, in an action involving that land, on the agent or on the owner under Rule 4.03, and never by publication.

Rules 4.03(a), 4.044

Judges and court staff

When the complaint concerns the person’s judicial office, employment or agency, a district court judge or employee may be served through the district court administrator, and appellate judges, justices and the State Court Administrator’s office through the Clerk of the Appellate Courts, or their designees.

Rule 4.03(a)

The State and local government

The State of Minnesota: the attorney general, a deputy or an assistant attorney general. A county: the county attorney or the county board chair. A city, village or borough: the chief executive officer or the clerk, or, if it has neither, an officer doing the same job under another title. A town: the town board chair or the clerk, with the same fallback. A school district: the chair of its board or other governing body, or, if the district lacks a chair, clerk, treasurer or superintendent, an officer doing that job under another title. Another public board or body: any member of its governing body. If none of these routes works, the court may direct the manner of service. A board or agency created by statute or home rule charter is served on its chair or an officer.

Rule 4.03(d)-⁠(e); § 543.21

Corporations

An officer or managing agent, or any other agent authorized expressly or impliedly, or designated by statute, to receive service; with an agent authorized or designated under a statute, any manner that statute sets must be followed. A business or nonprofit corporation may also be served on the registered agent named in its articles or through the Secretary of State under § 5.25. If a private domestic corporation has no officer at its registered office, a sheriff’s return or a non-party’s affidavit saying none can be found in that county is conclusive, and § 5.25 service follows. A transportation or express corporation may be served on any ticket, freight or soliciting agent found in the county where the action is brought; if it is a foreign corporation with no such agent in that county, on any such agent in Minnesota. A foreign insurance corporation may be served under § 45.028, subd. 2: a copy left at the office of the commissioner of commerce or sent there by certified mail, effective only once the plaintiff sends notice of the service and a copy by certified mail to the defendant’s last known address and the plaintiff’s affidavit of compliance is filed in the action by the return day, if any, or within further time the court allows.

Rule 4.03(c); §§ 302A.901, 317A.901, 543.08, 45.028

Limited liability companies

The LLC’s agent for service of process. If a Minnesota or foreign LLC has no agent in the state, or the agent cannot with reasonable diligence be found at the agent’s street address, the Secretary of State becomes the company’s agent for service.

§ 322C.0116

Partnerships and associations

A partnership or association suable under a common name is served on a member or its managing agent. A limited partnership may be served as § 5.25 provides. An unincorporated association sued by its common name may be served on an officer or managing agent (§ 540.153: not anyone subject to the federal Railway Labor Act).

Rule 4.03(b); §§ 321.0117, 540.151, 540.153

The Secretary of State route

Under § 5.25, subd. 1, an entity governed by the chapters it lists may be served on its registered agent; if no agent has been appointed, on an officer, manager or general partner; and if no agent, officer, manager or general partner can be found at the address on file with the Secretary of State, on the Secretary of State. For business and nonprofit corporations, LLCs, limited partnerships and the other entities subd. 3 lists, and for foreign corporations under subd. 4, one copy is filed with the Secretary of State, who at once forwards it by certified mail: to the registered agent at the registered office on record; to the address in the application for withdrawal for an entity that withdrew; and to the address the party submitting the papers provides where the entity’s authority to do business here was revoked or it was never authorized here. The entity has 30 days from that mailing to answer. A dissolved, withdrawn or revoked entity once governed by chapter 302A, 303, 317A, 321, 322C or 323A is also served under subd. 3 or 4; after voluntary dissolution, withdrawal, or a court decree of dissolution or revocation, only while claims are not barred under its governing chapter; and the court decides whether service is proper. Section 540.152 treats a union, group or association with officers, agents, members or property outside Minnesota whose officers, agents, representatives, employees or members act here on its behalf (or on behalf of its members or affiliated local unions) as having appointed the Secretary of State for claims growing out of those acts (§ 540.153: not for those subject to the federal Railway Labor Act); under § 5.25, subd. 2 the person who caused that service sends a copy to the defendant’s last known address within ten days of the filing. Other lawful methods remain available.

§ 5.25, subds. 1-⁠8; §§ 540.152, 540.153

Foreign corporations

A foreign corporation is served on its registered agent or as § 5.25 provides. One authorized to do business here may be served by leaving one copy with the Secretary of State, or an authorized deputy or clerk in that office, when (1) it fails to appoint or maintain a Minnesota registered agent; (2) its registered agent cannot be found at the registered office, as shown by the return of the sheriff of that county or by an affidavit of attempted service by a non-party; (3) it withdraws from Minnesota, and then only for a liability or obligation incurred in Minnesota, or arising from business done here, before its certificate of withdrawal issued; or (4) its certificate of authority is revoked or canceled. A foreign corporation that contracts with a Minnesota resident for performance in whole or in part by either party in Minnesota, or commits a tort in whole or in part in Minnesota against a resident, is treated as having appointed the Secretary of State to receive process in actions arising from that contract or tort; one copy goes to the Secretary of State with the address to which service is to be sent. Entities from other jurisdictions must designate a registered agent when registering.

§§ 303.13, 5.25 subd. 4, 5.36

Serving outside Minnesota

Section 543.19 reaches a foreign corporation or nonresident individual, for a claim arising from an act it lists done in person or through an agent: owning, using or possessing property in Minnesota; transacting business here; an act in Minnesota causing injury or property damage; or an act outside Minnesota causing injury or property damage here, unless Minnesota has no substantial interest in providing a forum or the burden on the defendant would violate fairness and substantial justice. Such a defendant may be served personally outside the state with the same effect as service inside it, and only claims arising from those acts may be asserted on that basis. In a Rule 4.04 publication case, personal service outside the state, proved by the server’s affidavit, has the same effect as the published notice.

§ 543.19 subds. 1-⁠3; Rule 4.04(b)

Serving abroad

Unless the law provides otherwise, an individual outside the United States (other than an infant or an incompetent person) may be served by internationally agreed means reasonably calculated to give notice, such as the Hague Service Convention. Where there is no internationally agreed means, or the agreement allows other means, service reasonably calculated to give notice may follow the foreign country’s own method, a letter rogatory or letter of request, or, unless that country’s law prohibits it, personal delivery of the summons and complaint or signed-receipt mail sent by the court administrator. The court may also direct other means that no international agreement prohibits.

Rule 4.04(c)

Three weeks’ published notice

Allowed only in the Rule 4.04(a) cases, among them a resident who left Minnesota, or remains concealed in it, with intent to defraud creditors or avoid service; a dissolution or separate maintenance action where the court has ordered it; and a mortgage or real estate lien foreclosure. The complaint and an affidavit of the plaintiff or the plaintiff’s attorney are filed with the court first. The affidavit states which Rule 4.04(a) case applies, that the affiant believes the defendant is not a resident of Minnesota or cannot be found in it, and either that the affiant mailed a copy of the summons to the defendant’s residence or that the residence is unknown. Service is complete 21 days after the first publication; a notice in a real property case also describes the property and the object of the action.

Rules 4.04(a), 4.041

After publication

A defendant who appears within 14 days after publication is complete must be served with the complaint within 7 days of appearing, and then has at least 21 days to answer it. A defendant who had no actual notice may defend on application before judgment for sufficient cause and, except in a marriage dissolution, within one year after judgment on just terms.

Rules 4.042, 4.043

Waiver instead of service

The plaintiff may ask the defendant to waive service with a written request (Form 22A illustrates one), addressed to the individual defendant or, for an entity, to its agent authorized to receive service. It goes with a copy of the complaint, two copies of Form 22B or a substantially similar form, and a prepaid means of returning a signed copy; it uses that form to explain the consequences of waiving and not waiving, states the date it is sent, allows 30 days to return the waiver (60 outside the United States), and is sent by first-class mail or other reliable means. Where both the plaintiff and the defendant are in the United States, the court must make a defendant who fails without good cause to sign and return it pay the expenses later incurred in making service and the reasonable expenses, including attorney’s fees, of any motion needed to collect them. A timely waiver extends the answer to 60 days after the request was sent (90 outside the United States), and once filed it stands in for proof of service. The appendix forms, 22A and 22B included, are stated to be for illustration only.

Rule 4.05; Forms 22A, 22B; Appendix of Forms

No service by mailing alone

The 2018 Advisory Committee Comment to Rule 4.05 says the rule does not authorize service by mere mailing: the defendant must waive formal service and return the waiver form, and service is accomplished and proven by the signed waiver, not the mailing.

Rule 4.05 comment

Proof of service

The sheriff or another peace officer gives a certificate. Any other server gives an affidavit. A written admission or acknowledgment by the party served also counts, and publication is proved by the affidavit of the printer or the printer’s designee. Except for published notice, the proof states the time, place and manner of service; the 2019 committee comment to Rule 6 stresses the time, because the response deadline runs from it. The Minnesota Judicial Branch publishes service forms SOP102 (Affidavit of Personal Service), SOP104 (Affidavit of Service by Mail) and SOP105 (Affidavit of Service - Combined); on SOP102 the server states being at least 18 and signs under the Minn. Stat. § 358.116 penalty-of-perjury declaration.

Rule 4.06; Rule 6 comment; Judicial Branch form SOP102

What an affidavit is

Under General Rule of Practice 15, an affidavit is either signed and sworn before a notary, or signed under penalty of perjury under Minn. Stat. § 358.116 immediately below the declaration that everything stated is true and correct, with the date and the county and state of signing noted. Section 358.116 removes the notary requirement for court filings unless a court rule requires one.

Gen. R. Prac. 15; § 358.116

Late or missing proof

Failure to make proof of service does not affect the validity of the service. The court may allow a summons or proof of service to be amended unless the amendment would clearly prejudice the substantial rights of the person served.

Rules 4.06, 4.07

Sunday service

Minn. Stat. § 624.04 once prohibited serving legal process on the Sabbath, with narrow exceptions. Laws 2005, chapter 136, article 14, section 21 repealed it, effective July 1, 2005, and the current statute book shows the section as repealed.

§ 624.04 (2004); 2005 c 136 art 14 s 21

Holidays

Minn. Stat. § 645.44, subd. 5 bars serving civil process on a holiday. The list: New Year’s Day, Martin Luther King’s Birthday, Washington’s and Lincoln’s Birthday, Memorial Day, Juneteenth, Independence Day, Labor Day, Indigenous Peoples Day, Veterans Day, Thanksgiving Day and Christmas Day. A fixed-date holiday falling on a Sunday moves to Monday, and one on a Saturday to Friday. For the executive branch, the Friday after Thanksgiving is also a holiday and Indigenous Peoples Day is not; the other branches of state government and political subdivisions may decide whether those two days are holidays. The Judicial Branch keeps its courts open on Indigenous Peoples Day but treats it as a legal holiday, extending deadlines that fall on it to the following day.

§ 645.44 subd. 5; Minnesota Judicial Branch

Subpoenas in Minnesota cases

The court administrator issues a subpoena signed but otherwise blank, or an attorney issues one as an officer of the court. Any non-party at least 18 may serve it anywhere in Minnesota, by delivery or at the usual place of abode, tendering one day’s attendance fee and the mileage allowed by law when attendance is commanded (not for subpoenas issued for the State or one of its officers or agencies). On timely motion the court must quash or modify a subpoena that requires a person who is neither a party nor a party’s officer to travel outside the county where that person resides, is employed or regularly transacts business in person, except that, subject to Rule 45.03(c)(2)(C), such a person may be commanded to travel from any place within Minnesota to attend trial. A production subpoena is served on its subject, and notice of the required production must be served under Rule 5.02 on each party to the action at least seven days before the production; any use other than trial attendance needs prior notice to all parties. Each subpoena notes the right to reimbursement under Rule 45.03(d). The server certifies a statement of the date, manner and names served.

Rules 45.01(a), (c), (e), 45.02, 45.03(c)⁠(1)⁠(B); § 357.22

Foreign subpoenas: Rule 45.06

Minnesota adopted the Uniform Interstate Deposition and Discovery Act as a court rule. A party submits the foreign subpoena to the district court administrator in the county where discovery will happen, and the administrator promptly issues a Minnesota subpoena that uses the same terms and lists every counsel of record and unrepresented party. The request is not an appearance under Rule 5.01, but it subjects the filer to the court’s jurisdiction and to Minnesota law and rules, including the Minnesota Rules of Professional Conduct. A Minnesota-admitted attorney may issue the subpoena instead; that route is not open to self-represented litigants. It is served under Rule 45.02. For a subpoena the administrator issues, an application for a protective order or to enforce, quash or modify it goes to the district court in the county where discovery is to be conducted. Minn. Stat. § 543.23 bars issuing or recognizing a subpoena tied to another state’s law interfering with gender-affirming health care.

Rule 45.06; § 543.23

Rules verified October 2026 against the Minnesota Rules of Civil Procedure, the General Rules of Practice, the Minnesota Statutes and the 2005 session law (Laws 2005, chapter 136) cited on this page, as published by the Minnesota Office of the Revisor of Statutes, and against the Minnesota Judicial Branch court holidays page and its Service of Process forms (SOP102, SOP104, SOP105). General information, not legal advice. The rule or statute controls.