Proof of Service - Clerk of Appellate CourtsAny time you submit a document to the Clerk of the Appellate Courts for filing, a copy must also be provided to all other parties at or before the time of filing. This is called “service.” Every document submitted to the Clerk of the Appellate Courts for filing must be accompanied by a form stating that the document was served on the other parties to the appeal. This is called “proof of service.”
If a party has an attorney, you must serve the attorney rather than the party. If a party does not have an attorney, you may serve that party directly.
There are three methods of service:
In person ("personal service"), by having another person hand-deliver the document. The person who hand-delivers the document must be 18 years or older and not a party to the appeal. You cannot serve the documents in person yourself.
By mail, by depositing the documents, correctly addressed, in the U.S. Mail, with adequate first-class postage. You can serve appellate-court documents by mail yourself.
Electronically: If you choose to file electronically using the appellate courts' e-filing system, E-MACS, you can serve the respondents electronically as well, if the respondents are registered in E-MACS. Information about electronic service can be found on the Clerk of the Appellate Courts’ webpage.
If the recipient consents to another method of delivery, such as email or fax, you could also use that method for service.
No matter what method of service you use, you must also submit proof of service to the Clerk’s Office.
Usually, proof of service is (1) a notarized Affidavit of Service or (2) a Certificate of Service. A less frequently used third option for proof of service is a written admission by the person who was served, stating that the document was received. See Minn. R. Civ. App. P. 125.04.
The person who served the document in person or by mail must complete the affidavit or certificate of service, which must include a description of the documents that were served, the date of service, the method of service (by mail or in person), the name of the person who was served, and the address to which papers served by mail were sent. The affidavit or certificate of service must be signed by the person who served the papers.