Michaud v. Davidson, No. 17-3472 (8th Cir. 2019)
Annotate this CaseAfter plaintiff filed suit against defendant for injuries arising out of a car accident, he attempted to serve defendant by having a local sheriff's deputy leave a copy of the summons and complaint with defendant's father, who then handed them to defendant hours later. The Eighth Circuit reversed the district court's dismissal of the action and held that Minnesota recognizes "secondhand service." The court held that a simple intent to deliver the document to the intended recipient was all that was required, especially because the would-be process server must also know that a summons was being served. In this case, defendant intentionally delivered the papers to his daughter with knowledge of their contents. Accordingly, the court remanded for further proceedings.
Court Description: Stras, Author, with Shepherd and Kelly, Circuit Judges] Civil case - Civil procedure. Minnesota would recognize "second hand" service of process, and the district court erred in dismissing this action for failure to effect service before the expiration of the statute of limitations. Judge Shepherd, dissenting.
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