Minn. Juve. Prot. P. 16.05
If the recipient signed a waiver of service, the waiver may be filed in lieu of an affidavit. If the document was served through electronic service pursuant to Rule 14 of the General Rules of Practice, the E-Filing System's records of service are sufficient proof of service.
Minn. Juve. Prot. P. 16.05
2019 Advisory Committee Comment
Rule 16 is amended in 2019 as part of a revision of the Rules of Juvenile Protection Procedure. Rule 16 was formerly codified as Rule 31.
Rule 16 addresses different methods of filing and service. Rule 16.01 reflects that, in many situations, General Rule of Practice 14 requires documents to be filed through the court's E-Filing System. Filers who are not governed by General Rule of Practice 14 can deliver their documents to the courthouse, mail them, or file them by facsimile. Facsimile filing is subject to an administrative processing fee due to the significant administrative burdens it imposes on court administration staff. As has been the case throughout its history, facsimile filing is not intended to be a routine filing method. The rule does not provide a specific mechanism for collecting the transmission fee required under the rule. Because prejudice may occur to a party if a filing is deemed ineffective, the court should determine the appropriate consequences of failure to pay the necessary fee.
Rule 16.02 describes the various means of service. In many situations, General Rule of Practice 14 requires the use of service through the E-Filing System. In many other situations, service by U.S. mail is permissible. In some situations, personal service is required. Subdivisions 1 and 5 of Rule 16.02 clarify the differences between personal service and a waiver of personal service, and between electronic service and electronic service by agreement. People who would be entitled to personal service may agree to waive personal service and receive the documents by mail. If they do not agree to waive personal service, then personal service is still required. However, the court may order them to pay the costs of personal service. This clarification in subdivision 5 is similar to the 2018 clarification to Rule 4.05 of the Minnesota Rules of Civil Procedure. Likewise, subdivision 6 clarifies that in situations where a particular means of service is not required, parties may agree to service by electronic means, such as e-mail or social media. Importantly, Rule 14 of the General Rules of Practice does not permit parties who are required to use electronic service to agree to other means of service.
Rule 16.05 describes various requirements for proof of service. Under General Rule of Practice 14.05, the E-Filing System's service records are sufficient proof of service for all purposes. The E-Filing System's service records are automatically imported into the case court records when documents are simultaneously e-filed and e-served. For documents not simultaneously e-filed and e-served, and for all other methods of service, proof of service must be filed with the court as described in Rule 16.05.