Service of Process
The formal procedure of delivering legal documents to the other party in a case to notify them of the court action.
Service of process is the legal procedure for officially delivering court documents – such as a summons and complaint – to the other party in a case. Proper service is required so that everyone involved in a lawsuit has fair notice and an opportunity to respond.
In Minnesota, the main methods of service include:
- Personal service: A process server or sheriff physically hands the documents to the person being sued. This is the most common and preferred method.
- Substitute service: If the person cannot be found, documents may be left with a responsible adult at their home or workplace.
- Service by mail: In some situations, documents can be sent by first-class mail, but personal service is usually required for the initial summons and complaint.
- Service by publication: If the person truly cannot be located after diligent efforts, the court may allow notice to be published in a newspaper.
Important rules:
- You cannot serve papers on yourself. Someone else – typically a process server, sheriff, or any adult who is not a party to the case – must do it.
- Proof of service (an affidavit confirming delivery) must be filed with the court.
- Failing to properly serve the other party can result in the case being delayed or dismissed.
Example: After filing a lawsuit, the plaintiff hires a process server to deliver the summons and complaint to the defendant at their home address. The process server then signs an affidavit of service confirming the delivery, which is filed with the court.
At the beginning of a lawsuit or when important court documents need to be officially delivered to someone.