Affidavit of Service - Minnesota

AFFIDAVIT OF SERVICE

State of Minnesota

STATE OF MINNESOTA — DISTRICT COURT

[________________________________] JUDICIAL DISTRICT — COUNTY OF [________________________________]

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

[________________________________],
Plaintiff(s),

v.

[________________________________],
Defendant(s).

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 [__/__/____])

☐ Court Administrator (for documents served under Rule 5.02)

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

☐ Other authorized person: [________________________________]

7. I am at least 18 years of age, competent to testify, and not a party to this action, as required by Minn. R. Civ. P. 4.02.

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. Minnesota does not require process server licensing or certification for general civil service. An individual, corporation, or association subject to service under these rules has a duty to avoid unnecessary expenses of serving the summons.

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))

☐ General partner of partnership (Rule 4.03(d))

☐ Member/Manager of LLC

☐ Person in charge of defendant's office or place of business

☐ Chair of county board or county auditor (Rule 4.03(e))

☐ Mayor or city clerk (Rule 4.03(e))

☐ Attorney General of Minnesota (for actions against the State — Rule 4.03(e))

☐ Head of state agency or designated representative

☐ Guardian ad litem / Conservator of incapacitated defendant

☐ Parent / Guardian of minor defendant (Rule 4.03(a))

☐ 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 accept the Documents. I informed the person of the nature of the Documents and left them in the person's immediate presence/vicinity. Under Minnesota law, service is still effective.

☐ 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), substitute service requires leaving copies at the individual's usual place of abode with a person of suitable age and discretion residing therein. The person must actually reside at the abode, not merely be visiting or temporarily present. Courts have required that the abode be the defendant's actual dwelling at the time of service.

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

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
☐ General partner (Rule 4.03(d))
☐ Member or manager of LLC
☐ Person in charge of office or place of business
☐ 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(e)

I delivered true and correct copies of the Documents to:

Entity served: [________________________________]

Person served: [________________________________]

Title: [________________________________]

The person served is (check one):

☐ Attorney General of Minnesota (for actions against the State)
☐ Chair of the county board or county auditor (for county actions)
☐ Mayor or city clerk (for city actions)
☐ Chair or clerk of the governing body of other governmental entity
☐ Other designated official: [________________________________]

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

Address where served: [________________________________]

☐ E. SERVICE BY MAIL WITH ACKNOWLEDGMENT — Minn. R. Civ. P. 4.05

On [__/__/____], I deposited true and correct copies of the Documents in the United States mail, first-class postage prepaid, together with an Acknowledgment of Service form and a return envelope with postage prepaid, addressed to:

Name: [________________________________]

Address: [________________________________]

City, State, ZIP: [________________________________]

Acknowledgment returned: ☐ Yes ☐ No

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

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

☐ Acknowledgment was not returned within the required time. Personal service or other method will be pursued.

Note: Under Minn. R. Civ. P. 4.05, service by mail is effective only when the defendant signs and returns the Acknowledgment of Service. If the acknowledgment is not returned, service is not complete and another method must be used. The court may order the defendant to pay the costs of personal service if the defendant unreasonably fails to return the acknowledgment.

☐ 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):

☐ Defendant departed from the state with intent to defraud creditors, delay or avoid service
☐ Defendant is a nonresident or cannot be found within the state
☐ Action involves a lien on or interest in property within the state
☐ 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, service by publication requires filing a complaint and an affidavit with the court stating the basis for publication. Service is deemed complete 21 days after the first publication. Under Rule 4.042, the defendant has 10 days to appear after completed service by publication, and the plaintiff must serve the complaint within 5 days of the defendant's 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; Minn. Stat. § 543.19

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

Method used:

☐ Personal service outside Minnesota (Minn. Stat. § 543.19 — same effect as personal service within the state)

☐ Service by mail with acknowledgment (Rule 4.05)

☐ As permitted by the law of the place of service

☐ 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

(Required for substitute, publication, or alternative service methods.)

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, if a defendant fails without good cause to return the Acknowledgment of Service mailed under that rule, the court may order the defendant to pay the costs of personal service subsequently required.

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

☐ Mail acknowledgment not returned within required time

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

☐ Other: [________________________________]

SECTION 10: DECLARATION AND OATH

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

(Alternate oath language:) I, [________________________________], solemnly swear (or affirm) under penalty of perjury under the laws of the State of Minnesota that the foregoing statements are true and correct to the best of my knowledge, information, and belief.

I further state that service was performed in full compliance with the Minnesota Rules of Civil Procedure and all applicable statutes, court rules, and orders.

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

Note: Under Minn. Stat. § 358.116, an unsworn declaration signed under the language "I declare under penalty of perjury that everything I have stated in this document is true and correct" may be used in lieu of a notarized affidavit. Minnesota courts accept documents without notarization when signed with this declaration.

SECTION 11: EXECUTION AND NOTARIZATION

Executed on this [____] day of [________________________________], 20[____].

________________________________________
Signature of Affiant

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

NOTARY ACKNOWLEDGMENT

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

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

On this [____] day of [________________________________], 20[____], before me, the undersigned Notary Public, personally appeared [________________________________], known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Affidavit of Service, and acknowledged that he/she executed the same for the purposes therein contained.

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 Acknowledgment of Service (Rule 4.05 / Voluntary Appearance)

☐ 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)
• Minnesota does not require process server licensing or certification

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
• The abode must be the defendant's actual dwelling at the time of service
• Courts have invalidated service where the abode was a former residence

Service by Mail (Rule 4.05)

• First-class mail with acknowledgment form and prepaid return envelope
• Service is effective only upon defendant's signed acknowledgment
• If acknowledgment is not returned, service is not complete — another method must be used
• Court may impose costs of personal service on defendant who unreasonably fails to return acknowledgment

Service by Publication (Rule 4.04; Rule 4.042)

• Requires filing complaint and affidavit stating basis for publication
• Bases: defendant departed state to defraud/delay, nonresident or cannot be found, property lien/interest
• Service is complete 21 days after first publication
• After publication service: defendant has 10 days to appear; plaintiff must serve complaint within 5 days of appearance (Rule 4.042)
• Must mail copy to last-known address if known

Unsworn Declaration (Minn. Stat. § 358.116)

• Minnesota allows unsworn declarations in lieu of notarized affidavits
• 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
• This applies to affidavits of service as confirmed by court rule amendments

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
• E-filing service: record of service on E-Filing System constitutes proof
• Court administrator service: affidavit, copy of notice, or notation in computerized records

Filing Requirements

• All documents filed with the court must be accompanied by an affidavit of service or acknowledgment of service
• E-filed documents served through the E-Filing System are automatically documented

Penalties

• Perjury: Minn. Stat. § 609.48 — penalties include imprisonment and fines
• Contempt of court for false affidavits
• Civil liability for damages caused by improper service

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.