2002 Minnesota Statutes

     45.028 Service of process. 

    Subdivision 1.    Requirement.  (a) When a person, 
 including any nonresident of this state, engages in conduct 
 prohibited or made actionable by chapters 45 to 83, 155A, 309, 
 and 332, and section 326.83, or any rule or order under those 
 chapters, and the person has not filed a consent to service of 
 process under chapters 45 to 83, 155A, 309, and 332, and section 
 326.83, that conduct is equivalent to an appointment of the 
 commissioner as the person's attorney to receive service of 
 process in any noncriminal suit, action, or proceeding against 
 the person which is based on that conduct and is brought under 
 chapters 45 to 83, 155A, 309, and 332, and section 326.83, or 
 any rule or order under those chapters.  

    (b) Subdivision 2 applies in all other cases under chapters 
 45 to 83, 155A, 309, and 332, and section 326.83, or any rule or 
 order under those chapters, in which a person, including a 
 nonresident of this state, has filed a consent to service of 
 process.  This paragraph supersedes any inconsistent provision 
 of law.  

    (c) Subdivision 2 applies in all cases in which service of 
 process is allowed to be made on the commissioner of commerce. 

    Subd. 2.    How made.  Service of process under this 
 section may be made by leaving a copy of the process in the 
 office of the commissioner, or by sending a copy of the process 
 to the commissioner by certified mail, and is not effective 
 unless:  (1) the plaintiff, who may be the commissioner in an 
 action or proceeding instituted by the commissioner, sends 
 notice of the service and a copy of the process by certified 
 mail to the defendant or respondent at the last known address; 
 and (2) the plaintiff's affidavit of compliance is filed in the 
 action or proceeding on or before the return day of the process, 
 if any, or within further time as the court allows.  

    HIST: 1987 c 336 s 3; 1989 c 209 art 2 s 5; 1989 c 330 s 3; 
 1992 c 564 art 2 s 1; 1997 c 222 s 4; 1999 c 137 s 3