Foreign deposition subpoena (ad testificandum)
In Minnesota, a foreign deposition subpoena is required to command a nonparty witness to attend and give testimony at a deposition held in Minnesota. The testimony obtained can be significant for legal discovery purposes in a pending trial court proceeding in a state other than Minnesota.
You can request the issuance of the Minnesota deposition subpoena that commands someone to testify about matters permitted by the state law where the action is pending if the trial court allows the testimony. In addition, you must give proper notice of the subpoena demand to all other parties involved in the case, according to the law of the jurisdiction state, before you request the deposition subpoena in Minnesota.
Enhance the efficiency of the foreign deposition subpoena
Legal Process Minnesota specializes in streamlining the issuance of foreign deposition subpoenas in Minnesota. Dedicated exclusively to handling subpoenas, we expedite the process, saving you time and costs for your clients while avoiding extraterritorial objections. We offer some conveniences to assist you in issuing a local Minnesota deposition subpoena.
How to get the foreign deposition subpoena in Minnesota
Here are the formal procedures for requesting the foreign deposition subpoena in Minnesota. Requesting the issuance of the foreign deposition subpoena requires strict adherence to the approved Minnesota Interstate Depositions and Discovery Rule 45.06.
- Obtain an executed deposition subpoena in the pending court action of the foreign jurisdiction state.
- Obtain a copy of the MN CIV101 Civil Subpoena form (opens in a new tab), which can be downloaded from the Minnesota Judicial Branch court forms page.
- Prepare the Minnesota subpoena: It's essential to incorporate the terms used in the foreign subpoena and that it contains or is accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
- Combine the demand for attendance and testimony with the demand for document production or issue them separately.
- Set the date and time for the foreign deposition, ensuring sufficient time for the recipient to prepare and comply with the subpoena.
- Prepare a short transmittal letter to accompany the trial court subpoena, advising the Minnesota court that the subpoena is being sought under MN Statute 45.06, Interstate Depositions and Discovery.
- Present the executed trial court subpoena, Notice of Deposition, and the Minnesota subpoena for filing to the state court administrator of the county in Minnesota where the deposition occurs. The court must issue the subpoena in the name of the Minnesota court, which is necessary to invoke jurisdiction over the deponent in Minnesota.
- Pay a required $16 Minnesota court subpoena filing fee.
- After submitting the deposition subpoenas to the local court administrator, the clerk promptly issues the subpoena for service upon the person or entity to which it is directed, following the court's procedure.
- Examine the Minnesota court-issued subpoena for accuracy and an affixed court seal. The court seal verifies the document's authenticity in Minnesota. However, when a Minnesota attorney issues the deposition subpoena, it won't display the court seal.
What witness fees are required for the foreign deposition subpoena?
Witness fees allowed by Minnesota law apply. The witness is entitled to reasonable compensation for the time and expenses involved in preparing for and testifying at the foreign deposition in Minnesota. The following sections explain the deposition subpoena witness fees.
Witness fee for attendance
Witness fee for travel
Witness fee payment
Important considerations to the foreign deposition subpoena
The foreign deposition subpoena can order nonparty witnesses to testify and answer questions in person, by remote technology, or at a hybrid deposition from where they live, work, or regularly do business in Minnesota. The following sections provide more information about the foreign deposition subpoena in Minnesota.
Foreign deposition with or without documents
You can subpoena the foreign deposition without subpoenaing documents. You can combine the subpoena ad testificandum with a records subpoena or issue them separately. Either way, proper notice of the subpoena demand to every other party is required.
Rules for the foreign deposition subpoena to corporations and organizations
Effective from July 1, 2022. When a Notice of Deposition is directed to 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 an organization in Minnesota, the subpoena must advise the nonparty organization of its duty to confer with the serving party to make such designation.
Minnesota jurisdiction and rules for the foreign subpoena
The request to issue the foreign subpoena under MN Rule 45.06(b) subjects the filer to the jurisdiction of the Minnesota court, laws, and rules, including the Minnesota Rules of Professional Conduct. If the Minnesota subpoena is issued, then the MN Rule 45 Subpoena procedures apply to the process service, enforcement, and other procedures relating to that subpoena.