1998 Minnesota Statutes

     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 at least seven 
 days before its return day by leaving a copy at the person's 
 last usual place of abode with a family member or a person of 
 suitable age and discretion residing there, or if the person 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, 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 the plaintiff's 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 the defendant's 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 the 
 defendant's attorney does not appear in court upon the return 
 day in the action, the trial thereof shall proceed. 

    HIST: (9152) RL s 4041; 1909 c 496 s 1; 1973 c 611 s 9; 1976 c 
 123 s 1; 1981 c 168 s 4; 1985 c 214 s 1; 1986 c 444 

*   NOTE:  This section is repealed by Laws 1998, chapter 253, 
*section 80, effective July 1, 1999.  Laws 1998, chapter 253, 
*section 81.