Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 214-S.F.No. 1434 
           An act relating to real estate; providing for service 
          in forcible entry and unlawful detainer actions; 
          amending Minnesota Statutes 1984, section 566.06. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 566.06, is 
amended to read: 
    566.06 [SUMMONS; HOW SERVED.] 
    The summons shall be served at least seven days before the 
return day in the manner provided for service of a summons in a 
civil action in the district court.  If the person cannot be 
found in the county, the summons may be served on him at least 
seven days before its return day by leaving a copy at his last 
usual place of abode with a member of his family, or a person of 
suitable age and discretion residing there, or if he had no 
place of abode, by leaving a copy upon the premises described in 
the complaint with a person of suitable age and discretion 
occupying the same or any part thereof.  The summons may be 
served by any person not named a party to the action.  If the 
defendant cannot be found in the county, of which the return of 
the sheriff or constable, shall be prima facie proof, and no 
person actually occupies the premises described in the complaint 
and, in the case of a nonresidential premises, no person 
actually occupies the premises described in the complaint, or, 
in case the premises described in the complaint is residential, 
service has been attempted at least twice on different days, 
with at least one of the attempts having been made between the 
hours of 6:00 and 10:00 p.m., upon the filing of an affidavit of 
the plaintiff or his attorney stating that (1) the defendant 
cannot be found or on belief that the defendant is not in this 
state, and (2) a copy of the summons has been mailed to the 
defendant at his last known address if any is known to the 
plaintiff, service of the summons may be made upon the defendant 
by posting the summons in a conspicuous place on the premises 
for not less than one week.  If the defendant or his attorney 
does not appear in court upon the return day in the action, the 
trial thereof shall proceed. 
    Approved May 23, 1985