This amendment is intended to obviate at least some motions for extension of the time

to answer that are encountered under the shorter deadline in the previous rule. 4.043 Service by Publication; Defendant May Defend; Restitution If the summons is served by publication, and the defendant receives no actual notification of the action, the defendant shall be permitted to defend upon application to the court before judgment and for sufficient cause; and, except in an action for marriage dissolution, the defendant, in like manner, may be permitted to defend at any time within one year after judgment, on such terms as may be just. If the defense is sustained, and any part of the judgment has been enforced, such restitution shall be made as the court may direct. 4.044 Nonresident Owner of Land Appointing an Agent If a nonresident person or corporation owning or claiming any interest or lien in or upon lands in the state appoints an agent pursuant to Minnesota Statutes, section 557.01, service of summons in an action involving such real estate shall be made upon the agent or the principal in accordance with Rule 4.03, and service by publication shall not be made upon the principal. 4.05 Waiving Service of Summons (a) Requesting a Waiver. An individual, corporation, or association that is subject to service under Rule 4.03 has a duty to avoid unnecessary expenses of serving the summons. A plaintiff may request that the defendant waive service of a summons. The notice and request must: (1) be in writing and be addressed: (A) to the individual defendant; or (B) for a defendant subject to service under Rule 4.03(b)-(e) to the agent authorized to receive service; (2) be accompanied by a copy of the complaint, two copies of Form 22B or a substantially similar form, and a prepaid means for returning a signed copy of the form; (3) inform a defendant, using Form 22B or a substantially similar form, of the consequences of waiving and not waiving service; (4) state the date when the request is sent; (5) give a defendant 30 days after the request was sent - or 60 days if sent to a defendant outside the United States - to return the waiver; and (6) be sent by first-class mail or other reliable means. (b) Failure to Waive. If a defendant located within the United States fails, without good cause, to sign and return a waiver requested by a plaintiff located within the United States, the court must impose on the defendant: (1) the expenses later incurred in making service; and (2) the reasonable expenses, including attorney's fees, of any motion required to collect those service expenses. (c) Time to Answer a Waiver. A defendant who, before being served with process, timely returns a signed waiver need not serve an answer to the complaint until 60 days after the request was sent to that defendant - or until 90 days after it was sent to that defendant outside the United States. Published by the Revisor of Statutes under Minnesota Statutes, section 3C.08, subdivision 1. CIVIL PROCEDURE 22 MINNESOTA COURT RULES (d) Results of Filing of a Waiver. When a plaintiff files a waiver of service, proof of service is not required and these rules apply as if a summons and complaint had been served on the date of signing of the waiver. (e) Jurisdiction and Venue Not Waived. Waiving service of a summons does not waive any objection to personal jurisdiction or to venue. (Amended effective July 1, 2018.) Advisory Committee Comment - 2018 Amendments