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Landlord- Tenant Laws of Minnesota, Section 566 http: / /tenant.net/Other Areas/Minnesota/566.html <br /> county, the summons may be served at least seven days before its return day by leaving a copy at <br /> the person's usual place of abode with a family member or a person of suitable age and discretion <br /> residing there, or if the person had no place of abode, by leaving a copy upon the premises <br /> described in the complaint with a person of suitable age and discretion occupying the same or any <br /> part thereof. The summons may be served by any person not named a party to the action. If the <br /> defendant cannot be found in the county, of which the return of the sheriff or constable shall be <br /> prima facie proof, and, in the case of nonresidential premises, no person actually occupies the <br /> premises described in the complaint, or, in case the premises described in the complaint is <br /> residential, service has been attempted at least twice on different days, with at least one of the <br /> attempts having been made between the hours of 6:00 and 10:00 p.m., upon the filing of an <br /> affidavit of the plaintiff or the plaintiffs attorney stating that (1) the defendant cannot be found or <br /> on belief that the defendant is not in this state, and (2) a copy of the summons has been mailed to <br /> the defendant at the defendant's last known address if any is known to the plaintiff, service of the <br /> summons may be made upon the defendant by posting the summons in a conspicuous place on the <br /> premises for not less than one week. If the defendant or the defendant's attorney does not appear in <br /> court upon the return day in the action, the trial thereof shall proceed. <br /> 566.07 <br /> Answer; Trial <br /> After the return of the summons, at the time and place appointed therein, the defendant, on <br /> appearing, may answer the complaint, and all matters in excuse, justification, or avoidance of the <br /> allegations thereof shall be set up in the answer; and thereupon the court shall hear and determine <br /> the action, unless it shall adjourn the trial as provided in section 566.08, but either party may <br /> demand a trial by jury. The proceedings in such action shall be the same as in other civil actions, <br /> except as in this chapter otherwise provided. <br /> 566.08 <br /> Adjournment; Security For Rent <br /> The court, in its discretion, may adjourn the trial, but not beyond six days after the return day, <br /> unless by consent of parties; but in all cases mentioned in section 566.03, except in an action upon <br /> a written lease signed by both parties thereto, if the defendant, or the defendant's agent or attorney, <br /> shall make oath that the defendant cannot safely proceed to trial for want of a material witness, <br /> naming the witness, and that the defendant has made due exertion to obtain the witness, and <br /> believes that, if such adjournment be allowed, the defendant will be able to procure the attendance <br /> of such witness at the trial, or the witness' deposition, and shall give bond conditioned to pay to <br /> the plaintiff all rent which may accrue during the pendency of the action, and all costs and <br /> damages consequent upon such adjournment, the court shall adjourn the trial for such time as may <br /> appear necessary, not exceeding three months. <br /> 566.09 <br /> Judgment; Fine; Execution <br /> 1. General. If the court or jury finds for the plaintiff, the court shall immediately enter <br /> judgment that the plaintiff have restitution of the premises and tax the costs for the plaintiff. <br /> The court shall issue execution in favor of the plaintiff for the costs and also immediately <br /> issue a writ of restitution. Except in actions brought under 566.02 as required by section <br /> 609.5317, subdivision 1, upon a showing by the defendant that immediate restitution of the <br /> premises would work a substantial hardship upon the defendant or the defendant's family, <br /> the court shall stay the writ of restitution for a reasonable period, not to exceed seven days. <br /> If the court or jury fmds for the defendant, the court shall enter judgment for the defendant, <br /> tax the costs against the plaintiff, and issue execution therefor. <br /> 2. Real property; seizures. If the court enters judgment for the plaintiff in an action brought <br /> under section 566.02 as required by section 609.5317, subdivision 1, the court may not stay <br /> issuance of the writ of restitution unless the court makes written findings specifying the <br /> extraordinary and exigent circumstances that warrant staying the writ for a reasonable <br /> period, not to exceed seven days. <br /> 4 of 17 10/26/99 2:52 PM <br />