Deposition subpoena (ad testificandum) in Minnesota

A deposition subpoena is required to subpoena a non-party witness to appear and testify at a foreign deposition in Minnesota. The testimony can be used for legal discovery purposes in a court proceeding pending in a foreign jurisdiction.

You can request a deposition subpoena in Minnesota, commanding a witness to testify in an out-of-state lawsuit, provided the court with the pending case permits the deponent's testimony. Additionally, you must give proper notice of the subpoena demand to all other parties involved in the case pursuant to the law of the jurisdictional state. The following sections explain how to request a deposition subpoena in Minnesota.

Expert assistance for requesting a deposition subpoena in Minnesota

Requesting a deposition subpoena requires precise adherence to the approved Minnesota foreign subpoena rule to avoid extraterritorial objections. Legal Process Minnesota leverages its expertise to handle the preparation and submission of a subpoena request at the Minnesota court on your behalf, making the process effortless and simplified for you.

Maximize efficiency and accuracy of obtaining a deposition subpoena in Minnesota

Legal Process Minnesota optimizes the procedure for getting a foreign deposition subpoena in Minnesota. By using a reliable subpoena service, you save time and resources and avoid complications.

Schedule a foreign deposition hearing at the earliest date.

Receive notification that the subpoena is complete, ensuring acceptance by the Minnesota court.

Receive fast and efficient subpoena processing and submission at the Minnesota State Court.

Get a foreign deposition subpoena on the same day when necessary.

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Have the assurance of an official and enforceable foreign subpoena that prevents extraterritorial objections.

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Request a deposition subpoena

Deposition subpoena: Procedures for requesting one in Minnesota

Start with a foreign deposition subpoena, and fill out the Minnesota court form CIV101 Civil Subpoena (opens in a new tab), available for download on the Minnesota Judicial Branch court forms page.
Include the terms used in the foreign subpoena on the Minnesota subpoena form and provide the names, addresses, and telephone numbers of all parties involved in the case.
Combine a demand for a foreign deposition with a demand for the production of records or issue them separately.
Set the date and time for the foreign deposition hearing, allowing reasonable time for compliance.
Submit both subpoenas to the state court administrator of the county in Minnesota where the deposition takes place, accompanied by a written request for issuance and the $16 court subpoena filing fee.
Check over the court-issued subpoena for accuracy and the Minnesota court seal. The court seal verifies the document's authenticity. A deposition subpoena issued by a Minnesota attorney won't display the court seal.

Deposition subpoena: Minnesota subpoena witness fee

A witness who is not a party to the legal action or an employee of a party and who is required to give testimony or produce records and documents relating to a profession, business, or trade or relating to knowledge, information, or facts known as a result of activities in such profession, business, or trade, entitles them to reasonable compensation for the time and expense involved in preparing for and testifying or producing such documents.

When a deposition subpoena is served on the witness, one day's witness and mileage fees allowed by Minnesota law must accompany it; otherwise, the witness is not obligated to comply with the subpoena. The Minnesota witness fee amounts for a deposition are explained in the following sections.

Witness fee for attendance

Witness fees for attending are $20 each day 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 for travel costs are calculated at 28 cents per mile for round-trip travel estimated from the witness’s residence to the place of attendance.

Witness fee payment

The party serving the subpoena must make witness compensation arrangements before the deposition date. (MN Rule 45.03(d).

Important considerations for a foreign deposition subpoena in Minnesota

A foreign deposition subpoena can order a non-party witness to appear in person, remotely using communications technology or at a hybrid deposition from where they live, work, or regularly do business to testify, answer questions, and produce documents relevant to the court action. The following section provides more requirements of a foreign deposition subpoena.

Jurisdiction and rules for a foreign subpoena in Minnesota

A request for the issuance of a deposition subpoena under MN Rule 45.01(d) and 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 a Minnesota subpoena is issued, then the MN Rule 45 Subpoena procedures apply to the process service, enforcement, and other procedures relating to that subpoena.

Rules for a deposition subpoena to corporations and organizations effective from July 1, 2022

Effective 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. A subpoena must advise a non-party organization of its duty to confer with the serving party to make such a designation. See Notice or Subpoena Directed to an Organization (opens in a new tab) for more information about MN Rule 30.02(f), which governs depositions of an organization in Minnesota.

Deposition subpoena with or without records production

You can subpoena a foreign deposition with or without subpoenaing records. That is, you can combine a subpoena ad testificandum with a records subpoena or issue them separately. Both options require proper notice of the subpoena demand to every other party to the action.