Understanding Due Diligence in Process Service & Requirements in Minnesota
For attorneys, paralegals, and legal professionals in Minnesota, the term “service of process” is simple enough: officially notifying a party of a legal action against them. However, when the defendant is evading service, unavailable, or difficult to locate, the process becomes complex. This is where the concept of due diligence comes in.
In Minnesota, performing proper due diligence isn’t just a best practice. It’s a strict legal requirement that must be met before a court will consider allowing alternative methods of service. Failing to prove due diligence can lead to costly delays, case dismissals, and exposure to malpractice claims.
Let’s take a look at what due diligence means in the service of process and the Minnesota-specific requirements for due diligence.
What is Due Diligence in Process Service?
Due diligence is the reasonable, persistent, and good-faith effort a process server or legal team must undertake to serve a defendant personally. This comes before requesting permission from the court to use a substituted or alternate method of service.
It is a legal standard that requires more than just one or two failed attempts. In Minnesota, the court will scrutinize the efforts to ensure that every reasonable avenue was used.
Minnesota-Specific Requirements for Due Diligence
While there is no single statute that defines “due diligence” in Minnesota, the courts will look for evidence of a comprehensive, systematic investigation. A professional process server’s affidavit must document the following efforts:
Strategic and Timely Service Attempts
The courts require proof that service attempts were strategic rather than random. They will check whether attempts were made at varying times and days, particularly to ensure the defendant wasn’t just at work and missed service.
Efforts must also be made at the defendant’s known residence and their known place of employment (if appropriate under the Rules of Civil Procedure).
Local Investigations and Inquiries
Local investigations and inquiries are key components to demonstrating on-the-ground efforts in the defendant’s community. The process server should attempt to contact neighbors, apartment managers, or other individuals at the residence to locate the defendant.
If appropriate, an attempt should be made at the place of employment. If service isn’t accepted there, evidence that the defendant works there and was unavailable can support the claim of due diligence.
Records and Database Searches
Modern due diligence requires using available technology and public records to confirm the defendant’s current address. This can include public records checks, phone and social media checks, and postal verifications.
The Affidavit: Your Proof of Diligence
The affidavit filed with the court is the most critical document in a case requiring alternative service. It must be a detailed narrative record of failure. It must clearly document every single attempt, including the date, time, location, and what transpired. The affidavit must show that every lead found during the investigation was followed up with subsequent service attempts. And finally, the affidavit must conclude that the defendant could not be personally served, despite the exhausted attempts.
Pro Legal: The Strategic Value of Using a Professional Server
For legal practices in Minnesota, outsourcing the critical task of service of process to a professional company is a very reliable and smart strategy. Pro Legal Support Services will:
Don’t leave your firm open to unnecessary risk. Request service today and experience the difference that Pro Legal can make!