How to master the foreign deposition subpoena in Minnesota
The deposition subpoena, or subpoena ad testificandum, is a valuable tool that attorneys from out of state must use to command a non-party witness in Minnesota to appear and testify at a foreign deposition held in Minnesota. The witness's testimony can be significant discovery that is needed to support civil litigation outside Minnesota. If you need to domesticate the deposition subpoena in Minnesota, Legal Process Minnesota is the premier, authoritative service provider to work with.
To domesticate an out-of-state deposition subpoena in Minnesota, the Minnesota deposition subpoena is needed. The foreign subpoena must conform to Minnesota law, and the appropriate Minnesota State Court Administrator must issue it. Subpoenaing evidence across state lines can be complex and may present challenges. You can count on Legal Process Minnesota for expert guidance and professional assistance to domesticate the subpoena on your behalf.
Compliant, fast, and effective freign deposition subpoena
Legal Process Minnesota emphasizes the importance of adhering to the Minnesota Rules of Civil Procedure, which can significantly reduce processing time and remove extraterritorial objections. The following list explains the benefits of working with us.
You will work with a skilled professional who follows the procedures specified by the Minnesota Depositions and Discovery Rule 45.06 to domesticate an out-of-state subpoena.
Legal Process Minnesota manages the domestication process proficiently, and handles the service of process perfectly.
You can save valuable time by requesting the domestication of an out-of-state deposition subpoena on the same day, which lets you schedule the foreign deposition as soon as possible.
Convenient and expeditious solution to the foreign deposition subpoena
Many attorneys aim to minimize the research and planning required to obtain out-of-state testimony from Minnesota. The following outline summarizes how Legal Process Minnesota facilitates domesticating the foreign deposition subpoena to meet your needs.
Upon receipt of your properly issued out-of-state subpoena, we verify that all documentation is present and that there is sufficient time for the Minnesota recipient to prepare and comply. We ask that you permit enough time for several process serving attempts.
Then, we prepare the Minnesota Civil Subpoena, MN CIV101, by incorporating the terms used in the out-of-state subpoena and including or accompanying the names, addresses, and telephone numbers of all attorneys and unrepresented parties in the proceeding.
Next, we draft a brief transmittal letter to the Minnesota court administrator to request issuance of the deposition subpoena under the Minnesota Interstate Depositions and Discovery Rule, MN Statute 45.06.
After that, we deliver the subpoena for filing with the relevant Minnesota State Court jurisdiction and pay the required $16 fee to file the subpoena. This process is vital, as the correct Minnesota State Court Administrator must issue the foreign subpoena to invoke jurisdiction over the foreign deposition.
Witnesses are entitled to reasonable compensation for the time and expenses of preparing for, appearing, and testifying at a foreign deposition in Minnesota. The following sections explain the Minnesota Deposition Subpoena witness fees required by law.
Witness fee for attendance
Witness fees are $20 daily for appearing at an action or proceeding in any court of record or speaking before any officer, person, or board authorized to take witness examination.
Witness fee for travel
Witness fees are calculated at .28 cents per mile for round-trip travel costs estimated from the witness’s residence to the place of attendance.
Witness fee payment
Witness fees must be attached to the deposition subpoena when served; otherwise, the witness is not obligated to comply.
Foreign deposition subpoena: Critical guidelines and requirements
Minnesota Rule 45.06 (opens in a new tab) was established in 2015 to adopt the Uniform Interstate Depositions and Discovery Act (UIDDA). This rule lets Minnesota issue the foreign deposition subpoena based on a valid subpoena authorized by another state. The following sections provide essential information about the foreign deposition subpoena.
You can subpoena a foreign deposition with or without subpoenaing records
You can request the foreign deposition combined with the request for records or request them separately. In either situation, the deposition subpoena form must conform to Minnesota law, and notice of the subpoena demand must be provided to all other parties of the action, observing the laws of the originating state, before seeking to domesticate the deposition subpoena in Minnesota.
Rules for the foreign deposition subpoena directed towards corporations and organizations
Effective from July 1, 2022. When a Notice of Deposition is directed toward a corporation or an organization, before or promptly after the Notice of Deposition is served, the serving party and the organization must confer in good faith about the matters for examination. According to MN Rule 30.02(f) (opens in a new tab), which governs depositions of organizations in Minnesota, the subpoena must advise the non-party organization of its duty to confer with the serving party to make such designation.
Further explanation of the foreign deposition subpoena in Minnesota
The foreign subpoena issued under MN Rule 45.06(b) of Interstate Depositions and Discovery subjects the filer to the jurisdiction of the Minnesota court, laws, and rules, including the Minnesota Rules of Professional Conduct.
