Residential sub service is an available manner of service in Minnesota per the Minnesota Court Civil Procedure and the Minnesota General Rules of Practice. Both rules cite the act of subserving and who subservice can be completed upon. While both cite similar there is additional information in each rule that pertains to service, and it is a good practice to be familiar with both.
- Suitable Age - the person you are leaving documents with must be at least 14 years of age, document this in your special comments
- Place of Abode/Residence - the person you are serving MUST LIVE HERE and the person you are leaving the documents with MUST LIVE HERE, document this in your special comments
Minnesota Rules of Civil Procedure
4.03 Personal Service
Service of summons within the state shall be as follows:
(a) Upon an Individual. Upon an individual by delivering a copy to the individual personally or by leaving a copy at the individual's usual place of abode with some person of suitable age and discretion then residing therein.
If the individual has, pursuant to statute, consented to any other method of service or appointed an agent to receive service of summons, or if a statute designates a state official to receive service of summons, service may be made in the manner provided by such statute.
If the individual is confined to a state institution, by serving also the chief executive officer at the institution.
If the individual is an infant under the age of 14 years, by serving also the individual's father or mother, and if neither is within the state, then a resident guardian if the infant has one known to the plaintiff, and if the infant has none, then the person having control of such defendant, or with whom the infant resides, or by whom the infant is employed.
Complete text of both rules can be found by clicking the buttons below
The below scenarios may be similar to situations you may run into in the field. The outcomes listed provide the steps you should take which adhere to the rules listed above. Always refer to your field sheet for any additional rules the client may require or special instructions.
Scenario #1: Servee does not reside, but servee's relative stated she could accept the documents for the servee.
Outcome: Vendor should not subserve the servee's relative as servee does not reside at the address. If all diligence is met job should be submitted as a Problem to be reviewed.
Scenario #2: A person answering the door stated servee was not present currently, but said they would accept the documents and give them to the servee.
Outcome: Vendor should confirm if the person willing to accept the documents resides at the address and that the servee does reside at the address. If they do not vendor should record attempt(and leave a contact card or WhoKnocked door hanger, if allowed) and proceed with making additional attempts to meet diligence.