Often, attorneys must depos a third-party witness from Minnesota whose testimony can be used as evidence for an out-of-state court case. A subpoena commanding a witness to appear and give testimony at a deposition, can also order the production of records and documents at the deposition that are in their possession.
The following information explains how to subpoena a foreign deposition in Minnesota to take the testimony of a third-party witness and what actions to take to avoid needless objections.
To subpoena a foreign deposition in Minnesota, an out-of-state deposition subpoena and a notice of deposition, lawful where the case is venued, are needed. Then, a subpoena form conformed to Minnesota law is required. Next, file the deposition subpoena with the Minnesota court. Finally, a deposition subpoena issued in Minnesota is required.
Legal Process Minnesota is authorized to domesticate foreign deposition subpoenas in Minnesota. For your peace of mind, Legal Process Minnesota performs the foreign deposition subpoena procedures correctly so that you can avoid unwanted objections. In addition, we provide timely subpoena process service to third-party witnesses in Minnesota.
Important: Notice of the deposition subpoena must be provided to all other parties to the action, and the subpoena form must conform to Minnesota law.
MN 45.01(e)—Notice to Parties🔗 Any use of a subpoena, other than to compel attendance at a trial, without prior notice to all parties to the action, is improper and can subject the party or attorney issuing it, or on whose behalf it was issued, to sanctions.
Everything you need for a lawful and enforceable foreign deposition subpoena in Minnesota.
Legal Process Minnesota reviews your foreign deposition subpoena for completeness, then correctly prepares the Minnesota civil subpoena to conform it to Minnesota law.
Legal Process Minnesota hand-delivers your foreign deposition subpoena to the relevant Minnesota court administrator for authorization and domestication. The Minnesota court filing fee is included.
Process service of your foreign deposition subpoena is completed by a professional Minnesota process server promptly after domestication. The process serving fee is included. We can also advance witness fees.
When subpoena process service is complete, Legal Process Minnesota sends you an emailed copy of the Return of Service, and the original document is sent by regular mail.
A Minnesota witness, who is not a party to the action, who is required to give testimony or produce documents relating to a profession, business, or trade, or relating to knowledge, information, or facts obtained as a result, is entitled to reasonable compensation for the time and expense involved in preparing for and giving testimony or producing documents requested in a subpoena before complying with the subpoena.