Minnesota Rules of Civil Procedure

Minnesota's rules for serving a summons and complaint are in the Minnesota Rules of Civil Procedure, mainly Rule 4. Subpoenas are covered by Rule 45.

Minnesota doesn't license process servers. Any adult who isn't a party can serve a summons. One thing sets Minnesota apart: a lawsuit usually starts when the summons is served, not when the case is filed.

Disclaimer: Laws change, and this page is a plain-language summary, not legal advice. Check the current rules on the Minnesota Revisor of Statutes site or ask an attorney before relying on it.

Minnesota process servers

• Become a process server in Minnesota
• Hire a process server in Minnesota

Quick facts: process serving in Minnesota

• Who can serve: The sheriff or any person 18 or older who isn't a party, unless the court orders otherwise (Rule 4.02).
• Licensing: Minnesota doesn't license or register process servers.
• Deadline to serve: No fixed deadline after filing, because the action starts with service (Rule 3.01). Once served, the case must be filed with the court within one year or it's dismissed with prejudice (Rule 5.04).
• Substituted service: Leave a copy at the person's usual place of abode with someone of suitable age and discretion who lives there (Rule 4.03(a)).
• Proof of service: Affidavit of the person who served, or a sheriff's certificate (Rule 4.06). A declaration under penalty of perjury can replace notarization (Minn. Stat. § 358.116).
• Time to respond: 21 days after service (Rule 12.01).

Process-serving software: ServeManager

ServeManager is process-serving software used by agencies across Minnesota. It tracks every attempt with date, time, GPS and photos, and generates affidavits of service from the job.

Register for ServeManager

Do you need a license to serve process in Minnesota?

No. Under Rule 4.02, the sheriff or any person 18 or older who isn't a party can serve a summons or other process, unless the court orders otherwise. There's no state license, registration or bond for private process servers.

For a step-by-step guide, see Become a Process Server in Minnesota.

When a Minnesota lawsuit starts

Under Rule 3.01, a civil action starts against each defendant when:

• The summons is served on that defendant, or
• The defendant signs a waiver of service under Rule 4.05, or
• The summons is delivered to the sheriff in the county where the defendant lives, but only if it's actually served (or first published) within 60 days after delivery

This is sometimes called "hip pocket" service, because the plaintiff can serve before filing anything with the court. The action then has to be filed within one year after it starts, unless the parties agree in writing to extend that time. If it isn't filed, it's deemed dismissed with prejudice (Rule 5.04(a)). The one-year rule doesn't apply to family cases.

How to serve a summons in Minnesota

Personal service: Rule 4.03(a)

The server hands a copy of the summons to the person being served.

Abode service: Rule 4.03(a)

The server can leave a copy at the person's usual place of abode with someone of suitable age and discretion who lives there. No follow-up mailing is required.

Extra steps apply in some cases:

• People in a state institution: Also serve the chief executive officer of the institution.
• Minors under 14: Also serve a parent, or if neither parent is in Minnesota, a resident guardian or the person who has control of the child.

Waiver of service: Rule 4.05

Since July 1, 2018, Minnesota uses a waiver system instead of the old "service by mail with acknowledgment." The plaintiff sends the defendant a written request to waive service, with a copy of the complaint, two copies of Form 22B and a prepaid return envelope. It can go by first-class mail or another reliable means. The defendant has 30 days to return the waiver (60 days if outside the U.S.). A defendant who signs a timely waiver gets 60 days to answer. A defendant who refuses without good cause can be made to pay the costs of personal service.

Service by publication: Rule 4.04(a)

Publication is allowed only in the cases the rule lists, such as when a resident defendant has left the state or is hiding to avoid service, in some actions involving property in Minnesota, mortgage and lien foreclosures, and marriage dissolution when the court orders it. The summons is published for three weeks, after the complaint and an affidavit are filed. Service is complete 21 days after the first publication.

Service outside Minnesota: Rule 4.04(b), (c)

In the cases where publication is allowed, personal service outside the state has the same effect as publication. It's proved by the server's affidavit. Service in another country can be made by internationally agreed means such as the Hague Service Convention, or by other methods the rule allows if there's no agreement.

Holidays: Minn. Stat. § 645.44, subd. 5

Civil process can't be served on a legal holiday (Minn. Stat. § 645.44). Holidays include New Year's Day, Martin Luther King Jr. Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Veterans Day, Thanksgiving and Christmas, among others listed in the statute. Sunday isn't on the list. The old Sunday service ban (Minn. Stat. § 624.04) has been repealed.

Serving businesses and other entities

• Corporations (Rule 4.03(c)): Deliver a copy to an officer, a managing agent, or any agent authorized or designated by statute to receive service. Registered agents are listed in the Minnesota Secretary of State business search.
• Partnerships and associations (Rule 4.03(b)): Deliver a copy to a member or the managing agent.
• The State of Minnesota (Rule 4.03(d)): Deliver a copy to the attorney general, a deputy attorney general or an assistant attorney general.
• Counties (Rule 4.03(e)): Deliver a copy to the county attorney or the chair of the county board.
• Cities and towns (Rule 4.03(e)): Deliver a copy to the chief executive officer or chair, the clerk, or an officer who does the same job.
• School districts (Rule 4.03(e)): Deliver a copy to the board chair or an officer who does the same job.

The rules for serving public bodies were changed effective January 1, 2025. Service on a county auditor, and on any school board member, is no longer listed. If service can't be made as the rule describes, the court can direct how to serve.

Serving a subpoena in Minnesota

Any person 18 or older who isn't a party can serve a subpoena (Rule 45.02). The server can hand a copy to the witness or leave a copy at the witness's usual place of abode with someone of suitable age and discretion who lives there. If the witness must attend, the server must tender the fees for one day's attendance and the mileage allowed by law. Fees don't have to be tendered for subpoenas issued for the State of Minnesota or its officers or agencies. A subpoena can be served anywhere in Minnesota.

Proof of service

Under Rule 4.06, service is proved by:

• The certificate of the sheriff or peace officer who served
• The affidavit of any other person who served
• The written admission or acknowledgment of the person served
• For publication, the affidavit of the printer or their designee

The proof must state the time, place and manner of service. Failing to file proof doesn't make the service invalid.

A private server can sign the affidavit as a declaration under penalty of perjury instead of having it notarized, using the wording in Minn. Stat. § 358.116 and noting the date, county and state where it was signed.

Hire a Minnesota process server

Find process servers across the state in the Minnesota process server directory.

More Minnesota resources

• Become a Process Server in Minnesota
• Courts in Minnesota
• Minnesota Rules of Civil Procedure, Rule 4 (Minnesota Revisor of Statutes)

This page is a general overview of Minnesota law, not legal advice. Laws change. Check the current rules or talk to an attorney about your case.