Affidavit of Service - Minnesota

AFFIDAVIT OF SERVICE

State of Minnesota

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

Court File No.: [________________________________]
Case Type: [________________________________]

AFFIDAVIT OF SERVICE

(Pursuant to Minn. R. Civ. P. 4.06)

SECTION 1: AFFIANT INFORMATION

I, [________________________________], being first duly sworn (or declaring under penalty of perjury pursuant to Minn. Stat. § 358.116), state as follows:

1. Full Legal Name: [________________________________]

2. Business Address: [________________________________]

3. City, State, ZIP: [________________________________]

4. Telephone: [________________________________]

5. Email (optional): [________________________________]

6. Capacity (check one):

☐ Sheriff of [________________________________] County, Minnesota (Minn. R. Civ. P. 4.02)

☐ Deputy Sheriff of [________________________________] County, Minnesota

☐ Person not less than 18 years of age and not a party to the action (Minn. R. Civ. P. 4.02)

☐ Person specially appointed by the court for service (Order dated [__/__/____])

☐ Person effecting service under Rule 5.02

☐ Attorney serving by mail or authorized e-service (for post-commencement service under Rule 5.02)

☐ Other authorized person: [________________________________]

7. If I served original process under Minn. R. Civ. P. 4.02, I am at least 18 years of age and not a party to this action.

8. I have personal knowledge of the facts stated herein.

Qualification Note: Under Minn. R. Civ. P. 4.02, process may be served by the sheriff or by any other person who is not less than 18 years of age and is not a party to the action, unless the court orders otherwise. Rule 4.05(a) places a duty on a person subject to Rule 4.03 service to avoid unnecessary service expenses when a proper waiver is requested.

SECTION 2: DOCUMENTS SERVED

The following documents (collectively, the "Documents") were served:

☐ Summons

☐ Complaint

☐ Amended Complaint

☐ Subpoena

☐ Subpoena Duces Tecum

☐ Motion for [________________________________]

☐ Order of Court dated [__/__/____]

☐ Notice of Hearing dated [__/__/____]

☐ Writ of [________________________________]

☐ Petition for [________________________________]

☐ Temporary Restraining Order / Protective Order

☐ Garnishment Summons

☐ Order for Protection (OFP)

☐ Harassment Restraining Order (HRO)

☐ Other: [________________________________]

☐ Other: [________________________________]

Total number of pages served: [____]

SECTION 3: DATE, TIME, AND LOCATION OF SERVICE

Date of service: [__/__/____]

Time of service: [____] ☐ a.m. ☐ p.m.

Address where service was made:

[________________________________]

City: [________________________________]

County: [________________________________]

State: Minnesota ZIP: [____]

Description of location (e.g., residence, business, public area):

[________________________________]

SECTION 4: PERSON SERVED

A. Identity of person served:

Name: [________________________________]

Relationship to party (check one):

☐ Defendant / Respondent personally

☐ Person of suitable age and discretion at defendant's usual place of abode (substitute service — Rule 4.03(a))

☐ Authorized agent of defendant

☐ Registered agent for corporate entity (filed with Minnesota Secretary of State)

☐ Officer of corporation (Rule 4.03(c))

☐ Managing agent of entity (Rule 4.03(c))

☐ Member or managing agent of partnership or association (Rule 4.03(b))

☐ LLC agent authorized to receive process (identify authorization below)

☐ Other person authorized by statute or appointment (identify authority below)

☐ County attorney or chair of county board (Rule 4.03(e)(1))

☐ Chief executive officer or clerk of city (Rule 4.03(e)(2))

☐ Attorney General, deputy, or assistant attorney general (for actions against the State — Rule 4.03(d))

☐ Recipient authorized by a specific statute or court order (identify authority below)

☐ Additional recipient required for this defendant under Rule 4.03(a)

☐ Parent or other additional recipient for a defendant under age 14 (Rule 4.03(a); also serve the minor)

☐ Other: [________________________________]

B. If served on person other than named defendant:

Name of person accepting service: [________________________________]

Relationship to defendant: [________________________________]

Approximate age: [____]

Title/Position (if corporate or entity service): [________________________________]

SECTION 5: METHOD OF SERVICE

(Check the applicable method and complete the corresponding subsection below.)

☐ A. PERSONAL SERVICE — Minn. R. Civ. P. 4.03(a)

I personally delivered true and correct copies of the Documents directly into the hands of the person named in Section 4 above.

Statement: On [__/__/____] at [____] ☐ a.m. ☐ p.m., I located and personally served [________________________________] at [________________________________] by handing the Documents directly to the individual.

☐ The person acknowledged receipt of the Documents.

☐ The person refused to take the Documents. I informed the person of their nature and left them [DESCRIBE EXACT LOCATION AND WHAT THE PERSON DID]: [________________________________].

☐ B. SUBSTITUTE / ABODE SERVICE — Minn. R. Civ. P. 4.03(a)

On [__/__/____] at [____] ☐ a.m. ☐ p.m., I left true and correct copies of the Documents at the defendant's usual place of abode located at:

Address: [________________________________]

City, State, ZIP: [________________________________]

with [________________________________], a person of suitable age and discretion then residing therein.

Relationship to defendant: [________________________________]

Approximate age of person accepting service: [____]

☐ I informed the person with whom the Documents were left of the general nature of the Documents.

Note: Under Minn. R. Civ. P. 4.03(a), abode service requires leaving a copy at the individual's usual place of abode with a person of suitable age and discretion then residing there. Record the facts showing both requirements.

☐ C. SERVICE ON CORPORATION OR BUSINESS ENTITY — Minn. R. Civ. P. 4.03(b)-(c)

I served the Documents on:

Name of entity: [________________________________]

Entity type: ☐ Corporation ☐ LLC ☐ Partnership ☐ Limited Partnership ☐ Unincorporated Association ☐ Other: [________________________________]

Name of person served: [________________________________]

Title/Position: [________________________________]

The person served is (check one):

☐ Officer of the corporation (Rule 4.03(c))
☐ Managing agent of the entity (Rule 4.03(c))
☐ Registered agent filed with Minnesota Secretary of State
☐ Member or managing agent of partnership or association (Rule 4.03(b))
☐ LLC agent authorized by applicable statute or appointment: [________________________________]
☐ Other authorized representative: [________________________________]

Date: [__/__/____] Time: [____] ☐ a.m. ☐ p.m.

Address where served: [________________________________]

Note: Under Minn. R. Civ. P. 4.03(c), a domestic or foreign corporation may be served by delivering a copy of the summons and complaint to an officer, managing agent, or any agent authorized by appointment or by law to receive service of process.

☐ D. SERVICE ON GOVERNMENTAL ENTITY — Minn. R. Civ. P. 4.03(d)-(e)

I delivered true and correct copies of the Documents to:

Entity served: [________________________________]

Person served: [________________________________]

Title: [________________________________]

The person served is (check one):

☐ Attorney General, deputy attorney general, or assistant attorney general (for actions against the State)
☐ County attorney or chair of the county board (for county actions)
☐ Chief executive officer or clerk (for city actions)
☐ Chair of the town board or town clerk (for town actions)
☐ Chair of the board or governing body of a school district (for school district actions)
☐ Other recipient authorized by Rule 4.03(e) or court order (identify basis): [________________________________]

Date: [__/__/____] Time: [____] ☐ a.m. ☐ p.m.

Address where served: [________________________________]

☐ E. REQUEST FOR WAIVER OF SERVICE — Minn. R. Civ. P. 4.05

On [__/__/____], I sent the defendant a written request to waive service of summons, a copy of the complaint, two copies of Form 22B (or a substantially similar form), and a prepaid means to return a signed waiver by [FIRST-CLASS MAIL / OTHER RELIABLE MEANS]:

Name: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Signed waiver returned: ☐ Yes ☐ No

Date waiver signed by defendant: [__/__/____]

☐ Signed waiver of service is attached hereto as Exhibit [____].

☐ Waiver was not returned within the applicable 30-day period (60 days if sent outside the United States); formal service will be pursued.

Note: Mailing this request does not serve the summons. If the defendant timely signs and returns a waiver, file that waiver; Rule 4.05(d) then treats the summons and complaint as served on the date the waiver was signed, without separate proof of service. If a defendant in the United States lacks good cause for failing to waive after a proper domestic request, the court must impose the later service expenses and reasonable expenses of the motion to collect them.

☐ F. SERVICE BY PUBLICATION — Minn. R. Civ. P. 4.04

Pursuant to the Court's Order (or upon filing of the required affidavit), service by publication was made as follows:

Basis for publication (check one):

☐ Resident defendant departed from the state to defraud creditors or avoid service, or remains concealed here with that intent
☐ Attachment or garnishment lien exists and Rule 4.04(a)(2)'s defendant conditions are met
☐ Action concerns a lien or interest in Minnesota property under Rule 4.04(a)(4)-(5)
☐ Court ordered published notice in a marriage-dissolution or separate-maintenance action
☐ Other statutory basis: [________________________________]

Affidavit filed with court on: [__/__/____]

Name of newspaper: [________________________________]

County of publication: [________________________________]

Dates of publication:

• First publication: [__/__/____]
• Second publication: [__/__/____]
• Third publication: [__/__/____]

Note: Under Minn. R. Civ. P. 4.04, file the complaint and the plaintiff's or attorney's affidavit establishing an enumerated basis before three weeks' published notice. Service is deemed complete 21 days after the first publication. Under Rule 4.042, if the defendant appears within 14 days after completion, the plaintiff must serve the complaint within 7 days of that appearance.

☐ Affidavit for publication is attached as Exhibit [____].

☐ Affidavit of publication from the newspaper is attached as Exhibit [____].

☐ A copy was also mailed to the defendant's last-known address on [__/__/____].

☐ Defendant's residence is unknown — affidavit so states.

☐ G. SERVICE OUTSIDE MINNESOTA — Minn. R. Civ. P. 4.04(b)-(c); Minn. Stat. § 543.19

I effected service outside the State of Minnesota on [__/__/____] at [________________________________] (city, state/country).

Method used:

☐ Personal service outside Minnesota on a defendant subject to § 543.19 jurisdiction (same effect as personal service within the state)

☐ Defendant signed and returned a waiver requested under Rule 4.05 (attach waiver)

☐ In a foreign country, as permitted by Rule 4.04(c) and the applicable international agreement or foreign law

☐ Internationally agreed method (Hague Convention)

☐ As directed by court order dated [__/__/____]

☐ H. SERVICE OF PAPERS AFTER COMMENCEMENT — Minn. R. Civ. P. 5.02

Service of post-commencement papers was made by:

☐ Personal delivery to attorney or party

☐ First-class mail to last-known address

☐ Electronic filing and service through the E-Filing System

☐ Leaving at the office of the attorney with a clerk or person in charge

☐ Leaving at the attorney's dwelling with a person of suitable age and discretion

☐ Other method permitted under Rule 5.02: [________________________________]

Date of service: [__/__/____]

Person/address served: [________________________________]

☐ I. COURT-ORDERED ALTERNATIVE SERVICE

Pursuant to the Court's Order dated [__/__/____], I effected service by the following alternative method:

[________________________________]

[________________________________]

[________________________________]

☐ Copy of the Court's Order is attached as Exhibit [____].

☐ J. WAIVER / VOLUNTARY APPEARANCE

The defendant [________________________________] voluntarily appeared or accepted service of the Documents on [__/__/____].

☐ Signed Acknowledgment of Service / acceptance is attached as Exhibit [____].

SECTION 6: DESCRIPTION OF PERSON SERVED

Gender: [________________________________]

Approximate age: [____]

Height: [____]

Weight: [____]

Hair color: [________________________________]

Skin tone: [________________________________]

Glasses: ☐ Yes ☐ No

Facial hair: ☐ Yes ☐ No — Description: [________________________________]

Clothing worn at time of service: [________________________________]

Other distinguishing features: [________________________________]

SECTION 7: DUE DILIGENCE — PRIOR SERVICE ATTEMPTS

(Complete when relevant to the selected service method or a court order.)

Service Attempt Log

Investigation Steps Taken

☐ Searched Minnesota Secretary of State Business Filing records for registered agent

☐ Searched Minnesota court records (Minnesota Judicial Branch — MNCIS)

☐ Searched public records / property records for current address

☐ Contacted neighbors, landlord, or property management

☐ Contacted defendant's known employer

☐ Searched Minnesota DVS / driver's license records (if authorized)

☐ Searched social media / internet resources for current location

☐ Checked Minnesota voter registration records

☐ Skip trace performed by: [________________________________]

☐ Other: [________________________________]

Narrative of due diligence efforts:

[________________________________]

[________________________________]

[________________________________]

SECTION 8: SERVICE FEES AND COSTS

Note: Under Minn. R. Civ. P. 4.05(b), after a proper waiver request, a defendant in the United States who fails without good cause to return the waiver must pay later service expenses and reasonable expenses of a motion to collect them.

SECTION 9: ADDITIONAL STATEMENTS

☐ Service was completed without incident.

☐ The person served made the following statements or took the following actions upon service:

[________________________________]

[________________________________]

☐ I was unable to effect service. See Section 7 for due diligence details and Non-Service Affidavit below.

NON-SERVICE AFFIDAVIT

(Complete ONLY if service was NOT accomplished.)

☐ I was unable to serve the Documents on [________________________________] despite diligent efforts described in Section 7.

Reason service could not be completed:

☐ Defendant could not be located at the address provided

☐ Defendant has moved from the address — forwarding address: [________________________________]

☐ Defendant is evading service

☐ Address is vacant or abandoned

☐ Signed waiver of service was not returned within the applicable time

☐ No person of suitable age and discretion was present at the dwelling

☐ Other: [________________________________]

SECTION 10: VERIFICATION

I state that the service facts selected and completed above are true to my personal knowledge.

I understand that making a false statement subjects me to penalties for perjury under Minn. Stat. § 609.48.

Note: Under Minn. Stat. § 358.116, a court document signed immediately below the statutory declaration generally does not require notarization unless a court rule specifically requires it. Record the signing date, county, and state below.

SECTION 11: EXECUTION AND NOTARIZATION

Signed on: [__/__/____] County: [________________________________] State: [________________________________]

I declare under penalty of perjury that everything I have stated in this document is true and correct.

________________________________________
Signature of Affiant

Printed Name: [________________________________]
Business Address: [________________________________]
Telephone: [________________________________]

OPTIONAL NOTARY JURAT

(Optional — see Minn. Stat. § 358.116; not required if unsworn declaration language is used above.)

State of Minnesota )
) ss.
County of [________________________________] )

Subscribed and sworn to (or affirmed) before me on [__/__/____] by [________________________________].

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

________________________________________
Notary Public

Printed Name: [________________________________]
My Commission Expires: [__/__/____]

[NOTARY SEAL]

SECTION 12: ATTACHMENTS CHECKLIST

☐ Exhibit A — Signed waiver of service (Rule 4.05) or separate admission of service

☐ Exhibit B — Affidavit of Publication / Publisher's Affidavit

☐ Exhibit C — Affidavit for Publication (filed with court under Rule 4.04)

☐ Exhibit D — Court Order Authorizing Alternative Service

☐ Exhibit E — Court Appointment Order for Special Process Server

☐ Exhibit F — Photographs / GPS Records

☐ Exhibit G — Due Diligence / Skip Trace Documentation

☐ Exhibit H — E-Filing Service Confirmation

☐ Exhibit I — Other: [________________________________]

SECTION 13: MINNESOTA-SPECIFIC PRACTICE NOTES

Who May Serve Process (Rule 4.02)

• Sheriff or deputy sheriff
• Any other person who is not less than 18 years of age and is not a party to the action
• Court administrator (for certain documents under Rule 5.02)
• Verify any separate court order governing who may serve this process

Methods of Service Summary

Substitute / Abode Service Requirements (Rule 4.03(a))

• Must leave Documents at defendant's usual place of abode
• Must be left with a person of suitable age and discretion who actually resides at the abode
• Record facts supporting that the address was the individual's usual place of abode when service occurred

Waiver of Service (Rule 4.05)

• Send the written request with complaint, two waiver forms, and prepaid return means; allow 30 days to return, or 60 days outside the United States
• A signed waiver, when filed, is treated as service on its signing date; mailing alone does not serve process
• If no waiver is returned, use a formal service method; Rule 4.05(b) governs expenses for unjustified domestic failure to waive

Service by Publication (Rule 4.04; Rule 4.042)

• Requires filing complaint and affidavit stating basis for publication
• Use an enumerated Rule 4.04(a) basis and the required filed affidavit; nonresidence alone is not a general basis
• Service is complete 21 days after first publication
• If the defendant appears within 14 days after completion, plaintiff must serve the complaint within 7 days of appearance (Rule 4.042)
• Must mail copy to last-known address if known

Unsworn Declaration (Minn. Stat. § 358.116)

• Minnesota generally allows signed court declarations in lieu of notarized affidavits unless a court rule specifically requires notarization
• Must include the specific language: "I declare under penalty of perjury that everything I have stated in this document is true and correct"
• Notarization is not required when the declaration language is used
• Record the date and the county and state where the document was signed

Proof of Service Requirements (Rule 4.06)

• Must state the time, place, and manner of service
• Acceptable forms: sheriff's certificate, affidavit of server, written admission, or signed acknowledgment
• Rule 5.04(b) dispenses with separate proof when a post-complaint document is filed and served together through the district court e-service system

Filing Requirements

• Rule 5.04(b) generally requires a signed certificate of service with served documents after the complaint that are filed, subject to its listed exceptions
• Filing and serving together through the district court e-service system requires no separate proof of service

Penalties

• Perjury: Minn. Stat. § 609.48 — penalties include imprisonment and fines

SOURCES AND REFERENCES

• Minn. R. Civ. P. Rules 4, 4.02-4.06 — Service of Process
• Minn. R. Civ. P. Rule 5.02 — Service After Commencement
• Minn. Stat. § 543.19 — Long-Arm Service on Nonresidents
• Minn. Stat. § 358.116 — Unsworn Declaration Under Penalty of Perjury
• Minn. Stat. § 609.48 — Perjury
• Minnesota Judicial Branch: https://www.mncourts.gov
• Minnesota Revisor of Statutes: https://www.revisor.mn.gov
• Minnesota Secretary of State (Business Filings): https://www.sos.state.mn.us

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice and should not be used as a substitute for consultation with a qualified attorney licensed in Minnesota. All service of process must comply with the current Minnesota Rules of Civil Procedure and applicable statutes.