Rule 355.02 - Types of ServiceSubdivision 1. Personal Service.
(a) Upon Whom.(1) Upon an Individual. Personal service upon an individual in the state shall be accomplished by delivering a copy of the summons and complaint, notice, motion, or other document to the individual personally or by leaving a copy at the individual's house or usual place of residence with some person of suitable age and discretion who presently lives at that location. If the individual has, pursuant to statute, consented to any other method of service or appointed an agent to receive service, or if a statute designates a state official to receive service, service may be made in the manner provided by such statute. If the individual is confined to a state institution, personal service shall be accomplished by also serving a copy of the document upon the chief executive officer at the institution. Personal service upon an individual outside the state shall be accomplished according to the provisions of Minn. Stat. ch. 518C (2000) and Minn. Stat. § 543.19(2000). Personal service may not be made on a legal holiday or election day. (2) Upon the County Agency. Personal service upon the county agency shall be accomplished by serving the director of the county human services department or the director's designee(b) By Whom Served. Unless otherwise ordered by the child support magistrate, personal service shall be made only by the sheriff or by any other person who is at least 18 years of age who is not a party to the proceeding. Pursuant to Minn. Stat. § 518A.46, subd. 2(c)(4) (2006), an employee of the county agency may serve documents on parties. (c) Alternative Personal Service. (1)Admission or Acknowledgment or Waiver of Service. Service mav be accomplished when the party to be served signs an admission or waives service as provided in Minn. R. Civ. P. 4.05.(2)Service by Publication. (A) Service. Service by publication means the publication of the entire summons or notice in the regular issue of a qualified newspaper, once each week for 3 weeks. Service by publication shall be permitted only upon order of a child support magistrate. The child support magistrate may order service by publication upon the filing of an affidavit by the serving party or the serving party's attorney stating that the person to be served is not a resident of the state or cannot be found within the state, the efforts that have been made to locate the other party, and either that the serving party has mailed a copy of the summons or notice to the other party's place of residence or that such residence is not known to the serving party. When the person to be served is not a resident of the state, statutory requirements regarding longarm jurisdiction shall be met. (B) Defense by Noninitiating Party. If the summons or notice is served by publication and the noninitiating party receives no actual notification of the proceeding, either before judgment or within one year of entry of judgment the noninitiating party may seek relief pursuant to Minn. R. Civ. P. 4.043. Subd. 2. Service by United States Mail. Service by United States mail means mailing a copy of the document by first-class mail, postage prepaid, addressed to the person to be served at the person's last known address. Service by mail shall be made only by the sheriff or by any other person who is at least 18 years of age who is not a party to the proceeding. Pursuant to Minn. Stat. § 518A.46, subd. 2(c)(4) (2006), an employee of the county agency may serve documents on the parties.
Subd. 3. Service by Electronic Means. Unless these rules require personal service, any document may be served by electronic means under Rule 14 upon any party who has agreed to or is required to accept service by electronic means.
Minn. Gen. R. Prac. 355.02
Amended effective 7/1/2015; amended effective 7/1/2019.Advisory Committee Comment- 2019 Ameadmeat
Rule 355, subdivision (c)(1), is amended to reflect the amendment of Rule 4.05 of the Rules of Civil Procedure, effective July 1, 2018, to create a new means of obtaining donsent to service under the rule. The former rule's reference to "service by mail" is potentially misleading, as the procedure set forth in the rule only accomplished service if the party to be served returned the acknowledgement cf service.
Advisory Committee Comment-2008 Amendment
Rule 355.02, subds. 1 and 2, are amended to reflect the recodification, effective on January 1, 2007, ofportions of the relevant statutes, that became part of Minn. Stat. ch. 518A.