Minnesota Sample Letter for Request to Issue Summons by Publication

State:
Multi-State
Control #:
US-0750LTR
Format:
Word; 
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This form is a sample letter in Word format covering the subject matter of the title of the form.

Subject: Minnesota — Sample Letter for Request to Issue Summons by Publication Dear [Recipient's Name], I hope this letter finds you well. I am writing to request your assistance in issuing a summons by publication on behalf of [Plaintiff's Name] in a legal matter pending in Minnesota [court's name and address]. It has come to our attention that the defendant, [Defendant's Name], cannot be found or reached after diligent efforts have been made to serve them personally. Under Minnesota law, if personal service cannot be made, the court may authorize the plaintiff to serve the defendant by publication. This serves as a notice to the defendant and gives them an opportunity to respond to the legal proceedings against them. To initiate the process, we kindly request your cooperation in publishing the summons by publication in a newspaper of general circulation within Minnesota for a period of [number of weeks] consecutive weeks, as required by Minnesota Statutes section [relevant statute number]. Enclosed with this letter, you will find the necessary documentation to proceed with the publication, including: 1. Affidavit of Diligent Search: This document outlines the extensive efforts undertaken to locate and personally serve the defendant. It provides evidence that all reasonable attempts have been made to serve the defendant without success. 2. Proposed Summons by Publication: We have prepared a draft of the summons to be published in the newspaper. Please review it for compliance with the court's expectations and make any necessary adjustments. 3. Proof of Publication: Once the summons is published, we kindly request that you provide us with a certificate of publication from the newspaper. This document serves as proof that the summons has been published in accordance with the court's order. It is essential to strictly adhere to the Minnesota Statutes requirements to ensure that the defendant is properly notified of the legal proceedings against them. Your expertise and professionalism in publishing summons by publication will greatly contribute to the fair and just resolution of this case. We would appreciate it if you could confirm your acceptance to handle this matter promptly. In the event you are unable to fulfill this request, please provide us with alternative recommendations or contact information for other newspapers that may assist us in achieving our goal. Thank you for your attention to this matter. Should you have any questions, kindly do not hesitate to reach out to us at [contact information]. Yours sincerely, [Your Name] [Your Law Firm] [Address] [City, State, Zip Code] [Phone Number] [Email Address] --- Types of Minnesota Sample Letters for Request to Issue Summons by Publication: 1. Divorce: A sample letter for requesting summons by publication in a divorce case where one party cannot be located for personal service. This letter would be specific to divorce proceedings and include the necessary details and documentation specific to divorce cases. 2. Civil Lawsuit: A sample letter for requesting summons by publication in a civil lawsuit when the defendant's whereabouts are unknown or when diligent efforts to serve them personally have failed. This letter would focus on the general procedures and requirements of issuing a summons by publication in a civil lawsuit. 3. Probate: A sample letter for requesting summons by publication in a probate case, typically used when a beneficiary or interested party cannot be found for personal service or notification. This letter would emphasize the importance of providing notice to all parties involved in the probate process. It is important to note that each type of letter will have specific details and documents unique to the respective case type, but they generally follow a similar format for requesting the court's authorization to issue a summons by publication.

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4.03Personal Service Service of summons within the state shall be as follows: (a) Upon an Individual. Upon an individual by delivering a copy to the individual personally or by leaving a copy at the individual's usual place of abode with some person of suitable age and discretion then residing therein.

12.02How Presented (f) failure to join a party pursuant to Rule 19. A motion making any of these defenses shall be made before pleading if a further pleading is permitted. No defense or objection is waived by being joined with one or more defenses or objections in a responsive pleading or motion.

Execution. Process to enforce a judgment for the payment of money shall be a writ of execution, unless the court directs otherwise.

Rule 129.01Request for Leave to Participate Upon prior notice to the parties, a brief of an amicus curiae may be filed with leave of the appellate court.

16.02Scheduling and Planning A schedule shall not be modified except by leave of court upon a showing of good cause.

Service by publication means the publication of the entire summons or notice in the regular issue of a qualified newspaper, once each week for 3 weeks. Service by publication shall be permitted only upon order of a child support magistrate.

12.03. After the pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the pleadings.

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4.01Summons; Form. The summons shall state the name of the court and the names of the parties, be subscribed by the plaintiff or by the plaintiff's attorney ... A Notice of Lawsuit and Request for Waiver of Service of Summons; A copy of the Summons and Complaint or Summons and Petition; Two copies of the Waiver of ...summons shall be deemed complete 21 days after the first publication. ... not requisite to the issuance of a commission or a letter of request that the taking of ... The service of the summons shall be deemed complete 21 days after the first publication. ... Rule 15 of the Minnesota General Rules of Practice provides that ... The plaintiff or plaintiff's attorney must complete a summons form for each defendant being served. Each summons form must contain the following information: C ... The person or company starting the lawsuit is called a “Plaintiff.” The person being sued is called a “Defendant.” A Summons is a legal document that tells the ... Jun 15, 2020 — This great resource is packed with insights and practice tips by experienced litigators, as well as ethics and judicial commentary. Unlike other ... See pages 13-15 of this book for a sample Statement of Claims and Summons ... Request the court administrator to issue a writ of execution. 5. If you know ... Fill out the order below and email it to the department assigned to your case. To do this, find the letter that your case is assigned to (for example, Dept C, ... MUST PUBLISH IN The Record Reporter. MAIL OR DELIVER the letter that is attached to this form, a copy of the documents you filed with the Clerk, and the ...

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Minnesota Sample Letter for Request to Issue Summons by Publication