Minnesota § 365.40 - TOWN NAME IN SUIT; EXCEPTION; SERVICE; DEFENSE
Full text of Minnesota Minnesota Statutes § 365.40 — TOWN NAME IN SUIT; EXCEPTION; SERVICE; DEFENSE, with citation guidance and answers to common questions.
§ 365.40. TOWN NAME IN SUIT; EXCEPTION; SERVICE; DEFENSE
Subdivision 1.Town or officers named.
In all actions or proceedings the town shall sue and be sued in its name, except that town officers may sue in their official names for the town's benefit.
Subd. 2.Serve chair or clerk.
In an action against a town, process and papers must be served on the chair of the town board or on the town clerk.
Subd. 3.Chair defends, tells board.
The chair shall see that the action is defended. The chair shall also give the town board a full statement of the facts about the action or proceeding so that the board can decide how to defend it. The statement must be given at the first board meeting after the town is served.
History:
(1105) RL s 694; 1974 c 394 s 4; 1978 c 497 s 2; 1986 c 444; 1987 c 229 art 8 s 1
Official Publication of the State of Minnesota
Revisor of Statutes
Source: official Minnesota text · Last verified 2026-08-27
Frequently Asked Questions About Minnesota § 365.40
What does Minnesota Statutes § 365.40 cover?
Section 365.40 ("TOWN NAME IN SUIT; EXCEPTION; SERVICE; DEFENSE") is part of the Minnesota Statutes, the codified statutory law of Minnesota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Minnesota § 365.40?
A common citation format is "Minnesota Statutes § 365.40" (Minnesota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Minnesota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Minnesota official source linked on this page or consult a licensed Minnesota attorney.
How does Minnesota § 365.40 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Minnesota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Minnesota.