is amended to remove the requirement that a plaintiff have a Minnesota address for

mail and personal service. The committee believes that this provision suited the needs of a different time, and that no compelling reason exists to require a Minnesota address to commence litigation. The committee believes that any address in the United States would provide a workable means of effecting either personal or mailed service. This conclusion is particularly applicable to signing of a summons by a member of the Minnesota Bar who may happen to have an office outside of Minnesota. With the implementation of e-filing and e-service, the role of this requirement for an address for the signer of the summons is undoubtedly diminished. This provision nonetheless is an important backstop to e-service for cases where the plaintiff is either self-represented or represented by an attorney licensed in Minnesota but not maintaining an office in Minnesota. 4.02 By Whom Served Unless otherwise ordered by the court, the sheriff or any other person not less than 18 years of age and not a party to the action, may make service of a summons or other process. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 17 4.03 Personal Service MINNESOTA COURT RULES CIVIL PROCEDURE Service of summons within the state shall be as follows: (a) Upon an Individual. Upon an individual by delivering a copy to the individual personally or by leaving a copy at the individual's usual place of abode with some person of suitable age and discretion then residing therein. If the individual has, pursuant to statute, consented to any other method of service or appointed an agent to receive service of summons, or if a statute designates a state official to receive service of summons, service may be made in the manner provided by such statute. If the individual is confined to a state institution, by serving also the chief executive officer at the institution. If the individual is a judicial officer or employee of the Minnesota judicial branch, and the complaint is related to the individual's office, employment, or agency, service may be made by delivering a copy to: (1) the court administrator of the district court or their designee, for district court judges and employees; or (2) the Clerk of the Appellate Courts or their designee, for Court of Appeals judges and employees, Supreme Court Justices and employees, and the State Court Administrator and the administrator's employees. If the individual is an infant under the age of 14 years, by serving also the individual's father or mother, and if neither is within the state, then a resident guardian if the infant has one known to the plaintiff, and if the infant has none, then the person having control of such defendant, or with whom the infant resides, or by whom the infant is employed. (b) Upon Partnerships and Associations. Upon a partnership or association which is subject to suit under a common name, by delivering a copy to a member or the managing agent of the partnership or association. If the partnership or association has, pursuant to statute, consented to any other method of service or appointed an agent to receive service of summons, or if a statute designates a state official to receive service of summons, service may be made in the manner provided by such statute. (c) Upon a Corporation. Upon a domestic or foreign corporation, by delivering a copy to an officer or managing agent, or to any other agent authorized expressly or impliedly or designated by statute to receive service of summons, and if the agent is one authorized or designated under statute to receive service any statutory provision for the manner of such service shall be complied with. In the case of a transportation or express corporation, the summons may be served by delivering a copy to any ticket, freight, or soliciting agent found in the county in which the action is brought, and if such corporation is a foreign corporation and has no such agent in the county in which the plaintiff elects to bring the action, then upon any such agent of the corporation within the state. (d) Upon the State. Upon the state by delivering a copy to the attorney general, a deputy attorney general or an assistant attorney general. (e) Upon Public Corporation. Upon a municipal or other public corporation by delivering a copy (1) To the county attorney or chair of the county board of a defendant county; (2) To the chief executive officer or to the clerk of a defendant city, village or borough, or, if the entity lacks such officer or clerk, to an officer performing a corresponding function under another name; Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CIVIL PROCEDURE 18 MINNESOTA COURT RULES (3) To the chair of the town board or to the clerk of a defendant town, or, if the town lacks such chair or clerk, to an officer performing a corresponding function under another name; (4) To the chair of the board or other governing body of a defendant school district, or, if the school district lacks such chair, clerk, treasurer, or superintendent, to an officer performing a corresponding function under another name; or (5) To any member of the board or other governing body of a defendant public board or public body not enumerated above. If service cannot be made as provided in this Rule 4.03(e), the court may direct the manner of such service. (Amended effective January 1, 2024; amended effective January 1, 2025.) Advisory Committee Comments - 2023 Amendment Rule 4.03(a) is amended to permit judges, justices, and court staff to be served at their office, if the complaint is related to the individual's office, employment, or agency. The purpose of the rule change is to minimize service of judicial branch personnel at their home, and corresponding security concerns, by establishing an alternative means of service. Advisory Committee Comment - 2025 Amendment Rule 4.03(e)(1) is amended in 2025 to remove the county auditor as a service recipient and to add the county attorney instead. County attorney offices may authorize front desk personnel or others to accept service of process. Counties and county attorney offices are encouraged to include information on their websites regarding how individuals can properly effectuate service. Rule 4.03(e)(2) is amended in 2025 to add that if the defendant city, village or borough lacks a chief executive officer or clerk, service may be effected by delivering a copy to an officer performing a corresponding function under another name. Rule 4.03(e)(3) is amended in 2025 to add that if the defendant town lacks a board chair or clerk, service may be effected by delivering a copy to an officer performing a corresponding function under another name. Rule 4.03(e)(4) is amended in 2025 to remove language allowing service on any member of the board or other governing body, and to add the chair of the board or other governing body as a service recipient. The rule is further amended to add that if the defendant school district lacks such a chair or lacks a clerk, treasurer, or superintendent, service may be effected by delivering a copy to an officer performing a corresponding function under another name. 4.04 Service by Publications; Personal Service Out of State (a) Service by Publications. Service by publication shall be sufficient to confer jurisdiction: (1) When the defendant is a resident individual domiciliary having departed from the state with intent to defraud creditors, or to avoid service, or remains concealed therein with the like intent; (2) When the plaintiff has acquired a lien upon property or credits within the state by attachment or garnishment, and (A) The defendant is a resident individual who has departed from the state, or cannot be found therein, or Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. 19 CIVIL PROCEDURE MINNESOTA COURT RULES (B) The defendant is a nonresident individual or a foreign corporation, partnership or association; When quasi in rem jurisdiction has been obtained, a party defending the action thereby submits personally to the jurisdiction of the court. An appearance solely to contest the validity of quasi in rem jurisdiction is not such a submission. (3) When the action is for marriage dissolution or separate maintenance and the court has ordered service by published notice; (4) When the subject of the action is real or personal property within the state in or upon which the defendant has or claims a lien or interest, or the relief demanded consists wholly or partly in excluding the defendant from any such interest or lien; (5) When the action is to foreclose a mortgage or to enforce a lien on real estate within the state. The summons may be served by three weeks' published notice in any of the cases enumerated herein when the complaint and an affidavit of the plaintiff or the plaintiff's attorney have been filed with the court. The affidavit shall state the existence of one of the enumerated cases, and that the affiant believes the defendant is not a resident of the state or cannot be found therein, and either that the affiant has mailed a copy of the summons to the defendant at the defendant's place of residence or that such residence is not known to the affiant. The service of the summons shall be deemed complete 21 days after the first publication. (b) Personal Service Outside State. Personal service of such summons outside the state, proved by the affidavit of the person making the same, shall have the same effect as the published notice provided for herein. (c) 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 state: (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 country 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 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 complaint; (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 Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CIVIL PROCEDURE 20 MINNESOTA COURT RULES (3) by other means not prohibited by international agreement as may be directed by the court. (Amended effective January 1, 1997; amended effective July 1, 2015.) Advisory Committee Comment - 1996 Amendment