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2022-10-12 CC Packet
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2022-10-12 CC Packet
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DUTY TO AVOID UNNECESSARY COSTS OF SERVICE OF SUMMONS <br />Rule 4 of the Minnesota Rules of Civil Procedure requires certain parties to <br />cooperate in saving unnecessary costs of service of the summons and complaint. A <br />defendant located in the United States who, after being notified of an action and asked by <br />a plaintiff located in the United States to waive service of a summons, fails to do so will <br />be required to bear the cost of such service unless good cause be shown for its failure to <br />sign and return the waiver. It is not good cause for a failure to waive service that a party <br />believes that the complaint is unfounded, or that the action has been brought in an <br />improper place or in a court that lacks jurisdiction over the subject matter of the action <br />or over its person or property. <br />A party who waives service of the summons retains all defenses and objections <br />(except any relating to the summons or to the service of the summons), and may later <br />object to the jurisdiction of the court or to the place where the action has been brought. A <br />defendant who waives service must within the time specified on the waiver form serve on <br />the plaintiffs attorney (or unrepresented plaintiff) a response to the complaint. if the <br />answer or motion is not served within this time, a default judgment may be taken against <br />that defendant. By waiving service, a defendant is allowed more time to answer than if <br />the summons had been actually served when the request for waiver of service was <br />received. <br />(Effective July 1, 2018.) <br />3 <br />
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