AFFIDAVIT OF SERVICE
(Minnesota State Courts)
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions (Affiant’s Sworn Statements)
- Representations & Warranties
- Exhibits / Attachments
- Execution Block & Notarial Certificate
1. DOCUMENT HEADER
Court: [COURT NAME], State of Minnesota
Judicial District / County: [JUDICIAL DISTRICT / COUNTY]
Court File No.: [COURT FILE NO.]
Case Caption:
Plaintiff(s): [PLAINTIFF NAME(S)]
Defendant(s): [DEFENDANT NAME(S)]
Title: Affidavit of Service
Effective Date: [DATE AFFIDAVIT SIGNED]
Governing Law: Minnesota Rules of Civil Procedure (“Minn. R. Civ. P.”)
2. DEFINITIONS
For purposes of this Affidavit only, the following terms shall have the meanings set forth below:
| Defined Term | Definition |
|---|---|
| “Affiant” | The individual executing this Affidavit, identified in Section 3.1. |
| “Documents” | The pleadings, motions, notices, subpoenas, or other legal papers identified in Section 3.3. |
| “Service Date” | The calendar date on which the Documents were delivered as described herein. |
| “Service Method” | The manner of service utilized, selected from the permissible methods under Minn. R. Civ. P. 4.03, 4.05, or 5.02, as applicable (e.g., Personal Service, Substitute Service, Service by Mail, etc.). |
| “Recipient” | The person or entity upon whom the Documents were served. |
[// GUIDANCE: Modify or expand definitions as needed; ensure consistency throughout.]
3. OPERATIVE PROVISIONS (AFFIANT’S SWORN STATEMENTS)
3.1 Identity of Affiant
I, [AFFIANT NAME], being first duly sworn upon oath, state as follows:
a. I am at least 18 years of age;
b. I am neither a party to the above-captioned action nor an attorney for any party; and
c. My business address is [AFFIANT ADDRESS].
3.2 Competence
I am competent to testify to the matters set forth herein and have personal knowledge thereof.
3.3 Description of Documents Served
I served the following document(s):
• [LIST COMPLETE TITLES OF DOCUMENTS SERVED] (collectively, the “Documents”).
3.4 Service Details
| Item | Description |
|---|---|
| Date of Service | [SERVICE DATE] |
| Time of Service | [TIME, incl. AM/PM] |
| Service Method | [SELECT ONE: • Personal Service (Minn. R. Civ. P. 4.03(a)) • Substitute Service at Usual Place of Abode (Rule 4.03(a)) • Service on Corporation/LLC (Rule 4.03(c)) • Service by U.S. Mail with Acknowledgment (Rule 4.05) • Service After Commencement via Mail/ECF (Rule 5.02)] |
| Location of Service | [STREET ADDRESS, CITY, STATE, ZIP] |
| Recipient | [RECIPIENT NAME & TITLE] |
| Relationship of Recipient (if Substitute) | [E.G., “Spouse of Defendant, age 18+”] |
[// GUIDANCE: Delete non-applicable rows; include multiple rows if more than one Recipient or Service Method used.]
3.5 Compliance Statement
Service was completed in full compliance with the Minnesota Rules of Civil Procedure, including all timing, method, and acknowledgment requirements. Where service was effected by mail pursuant to Minn. R. Civ. P. 4.05 or 5.02, I deposited the Documents in the U.S. Mail, postage prepaid, addressed to the Recipient at the address set forth above, and no later than [TIME] on the Service Date.
3.6 Additional Attempts (If Applicable)
If personal service was not completed on first attempt, I made the following additional attempts:
| Attempt # | Date | Time | Outcome |
|---|---|---|---|
| 1 | [DATE] | [TIME] | [RESULT] |
| 2 | [DATE] | [TIME] | [RESULT] |
| … | … | … | … |
[// GUIDANCE: Delete this subsection if not needed.]
4. REPRESENTATIONS & WARRANTIES
- Accuracy. I represent that the facts stated in this Affidavit are true and correct to the best of my knowledge, information, and belief.
- Compliance. I further represent that I have complied with all applicable service requirements under Minn. R. Civ. P. 4 and 5, including substitute service safeguards and time-for-service limitations.
- No Disqualification. I warrant that no statute, rule, or order disqualifies me from serving process in the State of Minnesota.
5. EXHIBITS / ATTACHMENTS
• Exhibit A – Copy of the Documents Served
• Exhibit B – Proof of Delivery / USPS Receipt / Acknowledgment of Service (if applicable)
• Exhibit C – Log of Service Attempts (if additional attempts made)
[// GUIDANCE: Attach only those exhibits that exist; delete placeholders for unused exhibits.]
6. EXECUTION BLOCK & NOTARIAL CERTIFICATE
I declare under penalty of perjury that everything I have stated in this document is true and correct.
Signed on this ___ day of _, 20, at ______, Minnesota.
[PRINT AFFIANT NAME]
Affiant
Notary Acknowledgment – State of Minnesota
County of _______ )
) ss.
State of Minnesota )
On this ___ day of _, 20, before me, a Notary Public within and for said County and State, personally appeared [AFFIANT NAME], known to me (or satisfactorily proven) to be the person who executed the foregoing Affidavit of Service, and acknowledged that he/she executed the same for the purposes therein contained.
Notary Public
My Commission Expires: _______
[// GUIDANCE:
1. File this Affidavit with the court promptly after service, observing any filing deadlines imposed by local rules or scheduling orders.
2. Retain original proofs of service and mailing receipts in your file.
3. When serving a corporate entity, verify the registered agent’s current address with the Minnesota Secretary of State.
4. For substitute service, document precisely how the location qualifies as the Recipient’s “usual place of abode” and the age/relationship of the individual served.
5. If service is made by mail under Rule 4.05, attach the executed Acknowledgment of Service once returned; absent a timely acknowledgment, alternative service must be employed.]