Rule 3.Commencement of the Action; Service of the Complaint; Filing of the Action
Last amended September 1, 2020 · Last verified July 1, 2026
In one sentenceRule 3 sets the moment a Minnesota lawsuit legally begins — not when it is filed with the court, as in federal court — but when the summons is served, when the defendant signs a waiver of service, or when the summons is handed to the sheriff for service within 60 days — and requires the case to be filed with the court within a year after that.
3.01Commencement of the Action A civil action is commenced against each defendant:
awhen the summons is served upon that defendant, or
bat the date of signing of a waiver of service pursuant to Rule 4.05; or
cwhen the summons is delivered for service to the sheriff in the county where the defendant resides personally, by U.S. Mail (postage prepaid), or by commercial courier with proof of delivery, or by electronic means consented to by the sheriff’s office either in writing or electronically; but such delivery shall be ineffectual unless within 60 days thereafter the summons is actually served on that defendant or the first publication thereof is made.
Filing requirements are set forth in Rule 5.04, which requires filing with the court within one year after commencement for non-family cases.
3.02Service of Complaint A copy of the complaint shall be served with the summons, except when the service is by publication as provided in Rule 4.04.
Advisory Committee Comments
Advisory Committee Comments—2015 Amendments
This rule is amended to add the explicit provision for consent to service by any means in subdivision (b), not only service by mail. If the party to be served consents to service, the service is effective and constitutionally sound regardless of method. Thus, a party may consent to service by ordinary electronic mail even though the rules do not otherwise provide for it.
Advisory Committee Comment—2018 Amendments
Rule 3.01 is amended to implement the amendment to Rule 4.05, which replaces the somewhat unreliable procedure involving the “Acknowledgement of Service” form with a more straightforward procedure relying on a “Waiver of Service” form. Rule 3.01 defines the date of commencement of an action using the wavier of process procedure.
Advisory Committee Comments-2020 Amendments
Rule 3.01 is amended to clarify the forms of delivery to sheriffs that may be used to commence an action. It does not restrict or change how service on the defendant is accomplished. The committee expects that most sheriffs will make available on their websites or will provide information upon inquiry as to how they prefer to receive requests for service under this rule. Transmittal by U.S. Mail is expressly authorized, and a party may use Certified Mail, Return Receipt Requested in order to obtain proof of receipt. The rule also authorizes delivery to the sheriff by commercial courier (e.g., Federal Express, UPS), which may be most effective in getting the required documents in the sheriff's hands and would also create a record of delivery (although the rule does not require a proof of delivery).
The amended rule intentionally does not authorize delivery to the sheriff in the proper county by facsimile. As anachronistic and inconvenient as facsimile is for most purposes in 2020, it is particularly ill-suited for this purpose. Minn. R. Civ. P. 3.02 requires service of the complaint with the summons and that may result in lengthy facsimile transmissions. Moreover, faxes impose undue burdens on sheriffs' offices. Sheriffs in most counties will accept delivery by hand delivery, U.S. Mail, commercial courier, or email to a designated email address.
Amendment History
(Amended effective September 1, 2020.)
Plain-English Summary
Rule 3.01 lists three ways a civil action commences against a defendant: service of the summons; the defendant’s signing of a waiver of service under Rule 4.05; or delivery of the summons for service to the sheriff in the defendant’s home county, by mail, commercial courier, or an electronic method the sheriff’s office has agreed to. That third option only counts as commencement if actual service, or the first publication in a service-by-publication case, follows within 60 days.
This is one of Minnesota’s best-known departures from federal practice. A federal case commences when the complaint is filed; a Minnesota case commences on service, which means a lawsuit can be served, and even settled, before it is ever filed with the court — sometimes called “hip-pocket” service. That does not mean a case can go unfiled forever: Rule 3.01 points to Rule 5.04(a), which requires filing within one year after commencement for anything other than a family case, or the court dismisses the action with prejudice.
Rule 3.02 requires the complaint to be served together with the summons, except when service is by publication under Rule 4.04, in which case the complaint follows the publication procedure instead.
Frequently Asked Questions
If Minnesota lawsuits start with service, when does the clock for filing start?
The action commences on service (or waiver, or sheriff delivery followed by service within 60 days). From that commencement date, Rule 5.04(a) gives the plaintiff one year to file the case with the court, or it is dismissed with prejudice.
I was served with a summons, but there is no case number — is that normal?
Yes. Because a Minnesota action commences on service instead of filing, a served summons will not have a court file number until the case is filed.
What happens if the summons is delivered to the sheriff but never served?
Delivery to the sheriff only commences the action if the summons is served, or first published, within 60 days. If that window passes without service, delivery alone does not commence the action.
Source & verification. The rule text and Advisory Committee Comments are reproduced verbatim from the
official Minnesota Rules of Civil Procedure (Minn. R. Civ. P. 3). Prescribed by the Supreme Court of Minnesota (Minn. Stat. § 480.051). The plain-English summary is original and written by us. Last verified July 1, 2026. ·
Official source
Also known as:commencement of actionhip-pocket servicewhen does a lawsuit startsheriff delivery of summons
Advisory Committee Comments—2015 Amendments
This rule is amended to add the explicit provision for consent to service by any means in subdivision (b), not only service by mail. If the party to be served consents to service, the service is effective and constitutionally sound regardless of method. Thus, a party may consent to service by ordinary electronic mail even though the rules do not otherwise provide for it.