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Minnesota Legislature

Office of the Revisor of Statutes

170.55 Service of process.

Subdivision 1. Commissioner as agent for service of process. The use and operation by a resident of this state or the resident's agent, or by a nonresident or the nonresident's agent of a motor vehicle within the state of Minnesota, shall be deemed an irrevocable appointment by such resident if absent from this state continuously for six months or more following an accident, or by such nonresident at any time, of the commissioner of public safety to be the resident's or nonresident's true and lawful attorney upon whom may be served all legal process in any action or proceeding against the resident or nonresident or the executor, administrator, or personal representative of the resident or nonresident growing out of such use and operation of a motor vehicle within this state, resulting in damages or loss to person or property, whether the damage or loss occurs on a highway or on abutting public or private property. Such appointment is binding upon the nonresident's executor, administrator, or personal representative. Such use or operation of a motor vehicle by such resident or nonresident is a signification of agreement that any such process in any action against the resident or nonresident or executor, administrator, or personal representative of the resident or nonresident which is so served, shall be of the same legal force and validity as if served upon the resident or nonresident personally or on the executor, administrator, or personal representative of the resident or nonresident. Service of such process shall be made by serving a copy thereof upon the commissioner or by filing such copy in the commissioner's office, together with payment of a fee of $2, and such service shall be sufficient service upon the absent resident or the nonresident or the executor, administrator, or personal representative of the resident or nonresident; provided that notice of such service and a copy of the process are within ten days thereafter sent by mail by the plaintiff to the defendant at the defendant's last known address and that the plaintiff's affidavit of compliance with the provisions of this chapter is attached to the summons.

Subd. 2. Continuance of court proceeding; costs. The court in which the action is pending may order such continuance as may be necessary to afford the defendant reasonable opportunity to defend any such action, not exceeding 90 days from the date of filing of the action in such court. The fee of $2 paid by the plaintiff to the commissioner at the time of service of such proceedings shall be taxed in the plaintiff's cost if the plaintiff prevails in the suit. The said commissioner shall keep a record of all such processes so served which shall show the day and hour of such service.

HIST: 1945 c 285 s 35; 1949 c 582 s 1; 1953 c 395 s 1; 1959 c 617 s 1; 1969 c 1129 art 1 s 18; 1986 c 444