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Legal Process Minnesota

Process Server & Subpoena Domestication Service

How to Domesticate a Deposition Subpoena in Minnesota

A deposition subpoena, also known as a subpoena ad testificandum, is a court summons that any state in the US can use to compel a non-party witness in Minnesota to testify at a foreign deposition held in Minnesota for a civil case pending in another state.

To domesticate a deposition subpoena in Minnesota for a pending out-of-state case, the out-of-state subpoena must first comply with Minnesota law. Then, the subpoena must be issued by the Minnesota court administrator or by a Minnesota-licensed attorney in the name of the court located in the county where the deposition will take place. Additionally, the deposition requested must be allowed, and notice must be provided to all parties in accordance with the laws of the jurisdiction where the case is pending.

Deposition subpoena (subpoena ad testificandum).

Issuing a deposition subpoena in Minnesota for a case pending in another state can be complex and may involve jurisdictional challenges. However, Legal Process Minnesota is ready to assist you with the Unified Interstate Depositions and Discovery ACT (UIDDA) process in Minnesota. We make sure every detail is handled correctly, ensuring the foreign deposition subpoena is effective and legally binding in Minnesota.

Compliant, fast, and effective

Checklist for domesticating a deposition subpoena in Minnesota

  1. Upon receiving your properly issued out-of-state subpoena for foreign deposition, we review it to ensure there is adequate time for the recipient to prepare and comply.
  2. Then, we draft the Minnesota Civil Subpoena Form, MN CIV101, by incorporating the terms used in the out-of-state deposition subpoena, including the names, addresses, and telephone numbers of all counsel of record and any party not represented.
  3. Next, we draft a brief transmittal letter to the Minnesota court administrator requesting the issuance of the foreign deposition subpoena.
  4. After that, we submit the documents to the relevant Minnesota State Court to establish jurisdiction over the foreign deposition and pay the $16 subpoena filing fee, which is included in our fee.
  5. Then, we wait for the court to issue the subpoena and carefully review it for accuracy and completeness, and verify the credentials.
  6. Lastly, our Minnesota process server serves the subpoena on the designated recipient.
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Deposition subpoena witness fees

In Minnesota, witness fees are required by law for formally subpoenaing a deposition to cover the witness's time for attending and any travel expenses incurred. The following section provides information about the fees to be paid to witnesses.

Witness fee for attendance

Witness fees for attendance are $20 per day for attending a court action or proceeding, or for a deposition, and for speaking before any authorized officer, individual, or board conducting a witness examination.

Witness fee for travel

Witness fees for travel are calculated at 28 cents per mile for round-trip travel costs estimated from a witness’s residence to a place of attendance.

The witness fee payment

The witness fee payment must be paid or tendered in advance along with the deposition subpoena; otherwise, a witness is not required to comply.

Minn. Stat. § 357.22

Foreign deposition subpoena: Essential requirements

Minnesota Rule 45.06: This rule allows a foreign deposition to be subpoenaed in Minnesota upon issuance of a subpoena issued under the authority of another state. The following sections provide crucial information and guidelines in Minnesota that you need to be aware of.

A foreign deposition and records production

In Minnesota, you can request a foreign deposition either with or without a request for record production. In both cases, the subpoena must comply with Minnesota law. This includes providing notice of the subpoena to all other parties involved in the case, in accordance with the rules of the originating state court. Attestation of the notice must accompany the out-of-state subpoena in Minnesota.

Rules for depositions directed at organizations

Effective July 1, 2022, when a Notice of Deposition is directed toward a corporation or an organization, the serving party and the organization must confer in good faith about the matters for examination. This should take place before or promptly after the Notice of Deposition is served. According to MN Rule 30.02(f) (opens in a new tab), which governs depositions of organizations in Minnesota, the subpoena must inform the non-party organization of its obligation to confer with the serving party to make the appropriate designation.

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