This form describes the process of service by publication in a dissolution proceeding and provides instructions, affidavit and summons.
Minnesota Request for Service by Publication, Affidavit and Summons
Category:
State:
Minnesota
Control #:
MN-8796D
Format:
Word;
Rich Text
Instant download
Description
Definition and meaning
The Minnesota Request for Service by Publication, Affidavit and Summons is a legal document used when a petitioner seeks to notify a respondent of a legal action, particularly in cases of divorce or child custody, when the respondent cannot be located. This method of service allows the petitioner to fulfill the legal requirement of notifying the other party through publication in a newspaper instead of personal service.
How to complete a form
To properly complete the Minnesota Request for Service by Publication, Affidavit and Summons form, follow these steps:
- Fill out the petitioner and respondent information at the top of the form.
- Provide the court file number and the district court information.
- Complete the motion section, detailing why service by publication is required.
- Include the affidavit describing all attempts to serve the respondent personally.
- Attach the Summons which states the nature of the action and important details about the property involved.
- Sign and date the document at the bottom.
Who should use this form
This form should be utilized by individuals who are initiating proceedings in family law cases, such as divorce or child custody, and who have been unable to locate the other party for personal service. It is particularly useful in situations where the respondent is avoiding service or their whereabouts are unknown.
Key components of the form
The key components of the Minnesota Request for Service by Publication, Affidavit and Summons include:
- Petitioner Information: Details about the individual initiating the legal action.
- Respondent Information: Details about the individual being notified.
- Motion Request: A formal request to the court for service by publication.
- Affidavit: A sworn statement outlining efforts made to locate and serve the respondent.
- Summons: Legal notification of the proceedings including the required response time.
State-specific requirements
In Minnesota, certain requirements must be fulfilled to successfully use the Request for Service by Publication, Affidavit and Summons:
- The petitioner must show that they have made reasonable attempts to serve the respondent personally.
- The affidavit must state the belief that the respondent is not a resident or cannot be found in the state.
- Publication must occur in a major local newspaper for a specified duration, typically three weeks.
Benefits of using this form online
Using the Minnesota Request for Service by Publication, Affidavit and Summons online offers several advantages:
- Accessibility: Users can access and complete the form from the comfort of their homes.
- Time-saving: Online forms often provide instant access and completion options, reducing paperwork processing time.
- Guidance: Online platforms often include instructions and examples to assist users in filling out the form correctly.
Common mistakes to avoid when using this form
While completing the Minnesota Request for Service by Publication, Affidavit and Summons, users should be cautious of common mistakes:
- Failing to thoroughly document attempts to serve the respondent.
- Not including necessary attachments, such as the Summons.
- Incomplete or incorrect information in the affidavit, which could result in rejection by the court.
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FAQ
A waiver of service or summons means that a party voluntarily enters a lawsuit without requiring the opposing party to serve them with a summons and petition.Most people do not want to be served by a sheriff's deputy or special process server and so elect to sign a waiver of service.
Step 1: Name Your Document. Step 2: Identify the Deponent / Affiant. Step 3: Write a Statement of Truth. Step 4: State the Facts. Step 5: Sample Notary Public Statements for an Affidavit.
"Service by publication" means that you publish the Summons or other document in a newspaper of general circulation in the area where your spouse or partner is likely to be. For service by publication, you will have to pay the newspaper a fee to publish the document.
6 steps to writing an affidavit. Because this is a legal document, there is a right way to write an affidavit. Most affidavits can be completed by any person but they must be notarized before they are considered valid. Below is the basic six-step process you'll need to take to complete your affidavit.
The name of the person served. The date, time, and place the person was served. The manner in which the person was served. A description of the document or documents served. The name and signature of the process server.
In the sentence, the person writing the statement must state that he or she is stating that the information is accurate. (Example: I, Jane Doe, solemnly swear that the contents of this document are true and correct, and that I agree to abide by the terms in this affidavit.)
"Service by publication" means that you publish the Summons or other document in a newspaper of general circulation in the area where your spouse or partner is likely to be. For service by publication, you will have to pay the newspaper a fee to publish the document.
Serving a summons or other legal document in a lawsuit on a defendant by publishing the document in an advertisement in a newspaper of general circulation. Service by publication is used to attempt to notify a defendant who is intentionally absent, in hiding, or at an unknown address.
You can also draft your own proof of service form; make sure it mirrors the language found on the court-provided forms and includes details such as: the name of the case and the case number; a description of the documents served; the server's name, contact info, and signature; the person served; the time, date, and