Often, attorneys must take the deposition of a third-party witness in Minnesota whose testimony can be helpful in an out-of-state court case. The following information explains how to subpoena the testimony of a third-party witness in Minnesota from out of state so that you avoid unnecessary objections.
An out-of-state deposition subpoena and a notice of deposition, lawful where the case is venued, are needed to subpoena a foreign deposition in Minnesota. Then, a subpoena form conformed to Minnesota law is required. Next, file the deposition subpoena with the Minnesota state court. Finally, a deposition subpoena issued in Minnesota is required.
You can get a foreign deposition subpoena in Minnesota through Legal Process Minnesota. Since we are authorized to domesticate foreign subpoenas in Minnesota, we facilitate the domestication process for your out-of-state deposition subpoena.
For peace of mind, we observe the Minnesota foreign deposition procedures precisely so that you do not encounter procedural defects and needless objections.
A foreign deposition subpoena in Minnesota commands the testimony of a third-party witness. It can also subpoena the production of records and documents from a third party in Minnesota. See How to subpoena records in Minnesota for more information.
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.
We hand-deliver 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 issuance. The process serving fee is included.
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.