Who may serve a summons and complaint in Minnesota?

The sheriff or any other person at least 18 and not a party to the action, under Minnesota Rule of Civil Procedure 4.02. Minnesota has no statewide process-server license, certification, registration, or bond requirement, unlike many states.

Can a party serve their own summons in Minnesota?

No. Rule 4.02 limits service to the sheriff or a person at least 18 who is not a party to the action, so a plaintiff or defendant cannot serve their own summons.

Is ordinary mail enough to serve a Minnesota summons?

No. Ordinary first-class mail alone does not serve a summons on an individual in Minnesota, and Rule 4 has no certified-mail-serves provision. The only mail route is the Rule 4.05 waiver of service, where service is accomplished by the defendant's signed and returned waiver, not by the mailing itself.

Does Minnesota have an official proof of service form?

The Minnesota Judicial Branch publishes SOP102 Affidavit of Personal Service, SOP104 Affidavit of Service by Mail, and SOP105 Affidavit of Service - Combined, but none is mandatory. Rule 4.06 accepts the affidavit of any person who made service, and the issuing court's own version controls if one is required.

Does a Minnesota proof of service need to be notarized?

No. Minn. Stat. section 358.116 lets a server sign an unsworn declaration under penalty of perjury instead of a notarized affidavit, as long as the signature, date, and county and state of signing appear. A sheriff's or peace officer's return is instead proved by certificate, also without notarization.

How long do I have to serve a summons in Minnesota?

There is no fixed number of days, because a Minnesota action commences by service of the summons rather than by filing a complaint with the court (Rule 3.01). If the summons is delivered to the sheriff to preserve a statute-of-limitations date, that delivery is ineffectual unless actual service or first publication follows within 60 days (Rule 3.01(c)).

Is there a deadline to file the proof of service in Minnesota?

There is no fixed day count for filing the proof itself, and Rule 4.06 states that failure to file proof of service does not affect the validity of service that was properly made. But the action overall must be filed with the court within one year of commencement or it is deemed dismissed with prejudice, unless the parties stipulate to extend (Rule 5.04(a)).

How do I serve later papers like motions in a Minnesota case?

Unlike the summons, later papers may be served by the party, on the opposing attorney of record if represented, otherwise on the party, by personal delivery, leaving a copy at the office with a person in charge, leaving it at the dwelling with a suitable co-resident only if the office is closed or there is no office, mailing to the last known address, or electronic service where Minnesota General Rule of Practice 14 allows it (Rule 5.02). A certificate of service, signed under oath or penalty of perjury, is filed within a reasonable time after service (Rule 5.04(b)).

What happens if service of a Minnesota summons is defective?

Defective service can prevent the court from gaining jurisdiction over the defendant, which can void a default judgment later. Follow Rule 4's manner and content requirements exactly, and never sign a proof of service that misstates how or when service occurred, since it is submitted under oath or penalty of perjury.

Does this Minnesota proof of service cover federal court, service abroad, or a government defendant?

No. Service on the federal government, a foreign country, or under the Hague Service Convention, and service in federal court under the Federal Rules of Civil Procedure, follow separate rules not covered on this page.

Minnesota Proof of Service

Minnesota lets the sheriff or any non-party adult serve a civil summons with no license or registration required, but ordinary mail alone never serves it, and the action must reach the court within one year of commencement or it is dismissed with prejudice unless the parties stipulate within that year to extend.

Find out where you stand in Minnesota

Where are you with service?

DocDraft provides document preparation, not legal advice.

Introduction

In Minnesota, the sheriff or any other person at least 18 and not a party to the action may serve a civil summons; the state requires no process-server license, certification, registration, or bond (Minn. R. Civ. P. 4.02). A party cannot serve their own summons. The Judicial Branch's SOP102, SOP104, and SOP105 affidavits are not mandatory; Rule 4.06 accepts the server's affidavit, and the issuing court's own version controls if required. Minn. Stat. section 358.116 lets a server sign an unsworn declaration under penalty of perjury instead of a notarized affidavit; a sheriff's return is proved by certificate. Personal delivery, or leaving a copy at the usual place of abode with a suitable co-resident, are the ways to serve an individual (Rule 4.03(a)); ordinary mail alone does not serve a summons, and the only mail route is a signed Rule 4.05 waiver, since mailing a waiver request is not service. Publication, in enumerated situations only, is complete 21 days after first publication. Minnesota actions commence by service, not filing, so there is no fixed day count to serve; delivering the summons to the sheriff to preserve a limitations date is ineffectual unless service or publication follows within 60 days (Rule 3.01(c)). Once commenced, the action must be filed within one year or it is dismissed with prejudice unless the parties stipulate to extend (Rule 5.04(a)). Later papers, unlike the summons, may be served by the party, with a certificate of service filed within a reasonable time after. Federal, foreign, and government service follow separate rules not covered here.

Key Things to Know

1
The sheriff or any other person at least 18 and not a party to the action may serve a Minnesota summons, and the state has no process-server license, certification, registration, or bond requirement (Minn. R. Civ. P. 4.02). A party cannot serve their own summons. The Judicial Branch's SOP102 Affidavit of Personal Service, SOP104 Affidavit of Service by Mail, and SOP105 Affidavit of Service - Combined are not mandatory; Rule 4.06 accepts the affidavit of any person who made service, and the issuing court's own version controls if one is required.
2
Minn. Stat. section 358.116 lets a server substitute an unsworn declaration under penalty of perjury for a notarized affidavit, as long as the signature, date, and county and state of signing appear; SOP102 and SOP105 both print this declaration above the signature line. A sheriff's or peace officer's return instead is proved by certificate under Rule 4.06, with no notarization needed.
3
Rule 4.03(a) permits personal delivery to the individual, or leaving a copy at the person's usual place of abode with someone of suitable age and discretion who resides there. Special provisions apply to infants under 14 (also serve a parent or guardian), confined persons (also serve the institution's chief executive officer), and Minnesota judicial-branch judges or employees.
4
Ordinary first-class mail alone does not serve a summons on an individual in Minnesota; Rule 4 has no certified-mail-serves provision. The only mail route is the Rule 4.05 waiver of service: the plaintiff mails a waiver request and the complaint, but service is accomplished by the defendant's signed and returned waiver, not by the mailing itself.
5
Publication under Rule 4.04(a) is available only in enumerated situations, such as a resident who fled the state to avoid service, and requires a filed affidavit; service is deemed complete 21 days after first publication. Personal service outside Minnesota has the same effect as published notice, and service outside the United States follows Rule 4.04(c).
6
Minnesota actions commence by service of the summons, not by filing a complaint, so there is no fixed number of days to serve after filing (Rule 3.01). If the summons is delivered to the sheriff to preserve a statute-of-limitations date, that delivery is ineffectual unless actual service or first publication follows within 60 days (Rule 3.01(c)). Once commenced, the action must be filed with the court within one year or it is deemed dismissed with prejudice unless the parties stipulate to extend (Rule 5.04(a)).
7
Unlike the summons, a self-represented party may serve later papers such as a motion or answer themselves, by personal delivery or by mailing a copy to the last known address, complete upon mailing (Rule 5.02). Documents after the complaint that must be served on a party are filed with a certificate of service, signed under oath or penalty of perjury, within a reasonable time after service, with listed exceptions such as discovery papers (Rule 5.04(b)).

Key decisions before you file

Before you file a Proof of Service in Minnesota, a few decisions shape the document: which option to choose and what each one means. The Proof of Service guide walks through them.

Open the Proof of Service guide

Customize your Proof of Service Template with DocDraft

STATE OF MINNESOTA DISTRICT COURT COUNTY OF [COUNTY] [JUDICIAL DISTRICT] JUDICIAL DISTRICT

[PLAINTIFF NAME], Plaintiff, v. Court File No. [COURT FILE NUMBER] Case Type: [CASE TYPE] [DEFENDANT NAME], Defendant.

AFFIDAVIT OF SERVICE

The Minnesota Judicial Branch publishes SOP102 Affidavit of Personal Service, SOP104 Affidavit of Service by Mail, and SOP105 Affidavit of Service - Combined. None is mandatory; Minnesota Rule of Civil Procedure 4.06 accepts the affidavit of any person who made service. If the issuing court requires its own version, that court's form controls instead of this one.

[NAME OF SERVER] states:

I am at least 18 years of age and not a party to this action.

On [DATE OF SERVICE] at [TIME OF SERVICE], I served [NAME OF PERSON SERVED] with a copy of the Summons and Complaint, together with [LIST OF ADDITIONAL PAPERS SERVED, IF ANY], as follows:

[IF APPLICABLE: PERSONAL DELIVERY. I delivered a copy personally to [NAME OF PERSON SERVED] at [ADDRESS OF SERVICE], as Minnesota Rule of Civil Procedure 4.03(a) requires.]

[IF APPLICABLE: ABODE SERVICE. I left a copy at [NAME OF PERSON SERVED]'s usual place of abode at [ADDRESS OF SERVICE] with [NAME OF CO-RESIDENT], a person of suitable age and discretion then residing there, as Minnesota Rule of Civil Procedure 4.03(a) requires.]

[IF APPLICABLE: SERVICE INVOLVING A MINOR. I also served [NAME OF PARENT OR GUARDIAN], the parent or guardian of [NAME OF MINOR], who is under 14 years of age, at [ADDRESS].]

[IF APPLICABLE: SERVICE ON A CONFINED PERSON. I also served [NAME AND TITLE OF CHIEF EXECUTIVE OFFICER], the chief executive officer of [NAME OF INSTITUTION], where [NAME OF PERSON SERVED] is confined.]

This affidavit does not cover service by publication, service outside Minnesota, or service outside the United States, which follow Minnesota Rule of Civil Procedure 4.04.

I declare under penalty of perjury that everything I have stated in this document is true and correct, as Minnesota Statutes section 358.116 permits in place of a notarized oath.

Executed in [COUNTY] County, [STATE], on [DATE OF SIGNING].

[SIGNATURE] [PRINTED NAME OF SERVER] [DATE OF BIRTH OF SERVER] [ADDRESS OF SERVER] [CITY, STATE, ZIP] [TELEPHONE NUMBER] [EMAIL ADDRESS]

[IF APPLICABLE: SHERIFF OR PEACE OFFICER CERTIFICATE. I certify that I served the Summons and Complaint on [NAME OF PERSON SERVED] as described above, as Minnesota Rule of Civil Procedure 4.06 provides. No notarization is required for this certificate.

[SIGNATURE] [NAME AND TITLE OF SHERIFF OR PEACE OFFICER] [COUNTY], Minnesota]

CERTIFICATE OF SERVICE OF LATER PAPERS

[IF APPLICABLE: I certify that on [DATE], I served a copy of [NAME OF DOCUMENT] on [NAME OF PARTY OR ATTORNEY OF RECORD] by [PERSONAL DELIVERY, LEAVING A COPY AT THE OFFICE WITH A PERSON IN CHARGE, LEAVING A COPY AT THE DWELLING WITH A SUITABLE CO-RESIDENT BECAUSE THE OFFICE WAS CLOSED OR THERE IS NO OFFICE, MAILING A COPY TO THE LAST KNOWN ADDRESS, OR ELECTRONIC SERVICE UNDER MINNESOTA GENERAL RULE OF PRACTICE 14], at [ADDRESS OR EMAIL ADDRESS]. Service by mail is complete upon mailing, as Minnesota Rule of Civil Procedure 5.02(c) provides.

I declare under penalty of perjury that everything I have stated in this document is true and correct, as Minnesota Statutes section 358.116 permits in place of a notarized oath.

Executed in [COUNTY] County, [STATE], on [DATE OF SIGNING].

[SIGNATURE] [NAME]]

Minnesota Requirements for Proof of Service

No Process-Server License Required
The sheriff or any other person at least 18 and not a party to the action may serve a Minnesota summons, with no statewide process-server license, certification, registration, or bond requirement (Minn. R. Civ. P. 4.02).
Party Barred From Serving the Summons
A party to the action cannot serve their own summons. Only the sheriff or a non-party at least 18 may serve it (Minn. R. Civ. P. 4.02).
Action Commences by Service, Not Filing
A Minnesota civil action commences when the summons is served, when a Rule 4.05 waiver is signed, or when the summons is delivered to the sheriff for service, not when a complaint is filed with the court (Minn. R. Civ. P. 3.01).
One-Year Filing Deadline With Prejudice
Once an action commences, it must be filed with the court within one year or it is deemed dismissed with prejudice against all parties, unless the parties stipulate within that year to extend the filing period (Minn. R. Civ. P. 5.04(a)).
Ordinary Mail Does Not Serve a Summons
Ordinary first-class mail alone does not serve a summons on an individual in Minnesota. The only mail route is a signed and returned Rule 4.05 waiver of service; without it, service must be personal, abode, or by publication.
Unsworn Declaration Replaces a Notarized Affidavit
Minn. Stat. section 358.116 lets a server sign an unsworn declaration under penalty of perjury instead of a notarized affidavit, if the signature, date, and county and state of signing appear. A sheriff's return is instead proved by certificate.
Nonmandatory Statewide Proof-of-Service Forms
The Judicial Branch publishes SOP102 Affidavit of Personal Service, SOP104 Affidavit of Service by Mail, and SOP105 Affidavit of Service - Combined, but none is mandatory; Rule 4.06 accepts the affidavit of any person who made service, and the issuing court's own version controls if required.
Sixty-Day Sheriff-Delivery Rule to Preserve Limitations
Delivering the summons to the sheriff to preserve a statute-of-limitations date is ineffectual unless actual service on the defendant or first publication follows within 60 days (Minn. R. Civ. P. 3.01(c)).
Certificate of Service Required for Later Papers
Every document after the complaint that must be served on a party requires a certificate of service specifying how and when service occurred, signed under oath or penalty of perjury, filed within a reasonable time after service (Minn. R. Civ. P. 5.04(b)).

Find out where you stand in Minnesota

Introduction

Key Things to Know

Key decisions before you file

Customize your Proof of Service Template with DocDraft

Minnesota Requirements for Proof of Service

No Process-Server License Required

Party Barred From Serving the Summons

Action Commences by Service, Not Filing

One-Year Filing Deadline With Prejudice

Ordinary Mail Does Not Serve a Summons

Unsworn Declaration Replaces a Notarized Affidavit

Nonmandatory Statewide Proof-of-Service Forms

Sixty-Day Sheriff-Delivery Rule to Preserve Limitations

Certificate of Service Required for Later Papers

Frequently Asked Questions