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Minnesota Court of Appeals: "Personal delivery to sheriff required to commence an action" Print E-mail

james_mcalpine Minnesota Court of Appeals A09-1044 is a decision affirming a summary judgment originally obtained by Quinlivan & Hughes attorney Jim McAlpine at the District Court.

Minn. R. Civ. P. 3.01(c) provides that an action is commenced when the summons is "delivered to the sheriff in the county where the defendant resides," requiring personal delivery to the sheriff. Transmittal by mail to the sheriff does not commence an action.

Mr. McAlpine handled both the motion for summary judgment and the Court of Appeals' briefing and oral argument.