Minn. Juve. Prot. P. 16.02

As amended through October 28, 2024

Rule 16.02 - Types of Service

Subd.1. Personal Service. Personal service means personally delivering the document to the person to be served or leaving it at the person's home or usual place of abode with a person of suitable age and discretion residing therein. Unless otherwise provided by these rules or ordered by the court, the sheriff, a deputy sheriff, or any other person at least 18 years of age who is not a party to the proceeding may make personal service of a summons or other process. The social services reports and guardian ad litem reports required under Rule 27 may be served directly by the social worker or guardian ad litem.

(a)Service Outside United States. Unless otherwise provided by law, service upon an individual, other than an infant or an incompetent person, may be effected in a place not within the United States:

(1) by any internationally agreed means reasonably calculated to give notice, such as those means authorized by the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents; or

(2) if there is no internationally agreed means of service or the applicable international agreement allows other means of service, provided that service is reasonably calculated to give notice:

(a) in the manner prescribed by the law of the foreign country for service in that county in an action in any of its courts of general jurisdiction; or

(b) as directed by the foreign authority in response to a letter rogatory or letter of request; or

(c) unless prohibited by the law of the foreign country, by:

(i) delivery to the individual personally of a copy of the summons and the petition; or

(ii) any form of mail requiring a signed receipt, to be addressed and dispatched by the court administrator to the party to be served; or

(3) by other means not prohibited by international agreement as may be directed by the court.

Subd. 2.U.S. Mail. Service by U.S. mail means placing the document in the U.S. mail, first class, postage prepaid, addressed to the person to be served.

Subd. 3.Publication. Service by publication substitutes for personal service when authorized by the court. Service by publication means the publication in full of the summons, notice, or other documents in the regular issue of a qualified newspaper as specified in Rule 44.02, subd. 3 (for child in need of protection or services matters) or Rule 53.02, subd. 3 (for permanency or termination of parental rights matters). The court shall authorize service by publication only if the petitioner has filed a written statement or affidavit describing diligent efforts to locate the person to be served. Service by publication shall be completed in a location approved by the court. The published summons shall be directed to the person for whom personal service was not accomplished and shall not include the child's name or initials.

Subd. 4.Electronic Service. Electronic service means service through the E-Filing System under the procedures of Rule 14 of the General Rules of Practice. Electronic service shall be used when required by Rule 14.

Subd. 5. Waiver of Personal Service.

(a) Waivers of personal service may be made by mailing by first-class U.S. mail, postage prepaid to the person to be served, a copy of the document to be served together with two copies of a notice and waiver of service by mail conforming substantially to a form to be developed by the State Court Administrator, along with a return envelope, postage prepaid, addressed to the sender.

(b) Any person served by U.S. mail who receives a notice and waiver of service by mail form shall, with 20 days of the date the notice and waiver form is mailed, complete the waiver form and return one copy of the completed form to the serving party.

(c) If the serving party does not receive the completed waiver form within 20 days of the date it is mailed, service is not valid upon that person. The serving party shall then serve the document by any means authorized under this rule.

(d) If the person served by U.S. mail does not complete and return the notice and waiver form within 20 days of the date it is mailed, the court may order the costs of personal service to be paid by the person served.

Subd. 6. Alternative Electronic Service by Agreement. Unless other means of service (such as personal service or electronic service) are required, any document may be served by e-mail or other electronic means as agreed to by the person to be served on the record or in writing.

Minn. Juve. Prot. P. 16.02

Amended 9/1/2019.