How to subpoena a foreign deposition in Minnesota

Generally, attorneys subpoena records only from Minnesota; however, often, they need to depos a third-party witness in Minnesota at a foreign deposition. The following information explains how the foreign deposition process works in Minnesota to subpoena a Minnesota witness to testify at a deposition held in Minnesota.

To subpoena a foreign deposition in Minnesota, a foreign 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 foreign subpoena with the Minnesota court. Finally, a deposition subpoena issued in Minnesota is required.

Important: Notice of the foreign deposition must be provided to all other parties to the action, and the subpoena form must conform to Minnesota law. MN 45.06.

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 may subject the party or attorney issuing it, or on whose behalf it was issued, to sanctions. MN 45.01(e).

Legal Process Minnesota can issue a foreign deposition subpoena in Minnesota on your behalf so you can depos a Minnesota witness at a deposition in Minnesota.

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Prepare the Minnesota civil subpoena form CIV101 to conform the deposition subpoena to Minnesota law.

Establish Jurisdiction

Hand-deliver the deposition subpoena to the relevant Minnesota State Court for issuance. (The Minnesota court filing fee is included in our services).

Subpoena Process Service

Our process server attempts to serve the deposition subpoena promptly after issuance. (Process service of the subpoena is included in our services).

Proof of Service

Prepare the Return of Service when the process service is complete, provide a copy to you by email, and mail the original to you.

How much are Minnesota subpoena witness fees?

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.

Witness fees paid to a Minnesota witness are as follows:

  • $20 for each day for attending any action or proceeding is required.
  • .28 cents per mile for roundtrip travel to and from the place of attendance from the witness's residence.
  • Additional fees may be available for out- of-state witnesses.
  • One-day attendance and travel fees are to be paid in advance.
  • Note: No person is required to attend as a witness in any civil case unless one day's attendance and travel fees are paid in advance.

Minnesota deposition subpoena for attorneys nationwide

With an unwavering commitment to excellence, Legal Process Minnesota is the preferred Minnesota subpoena service.

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