Foreign records subpoena (duces tecum)

In Minnesota, a foreign records subpoena is required to command the production of documents and physical items held in Minnesota. The documentary evidence and inspection of these items obtained can be instrumental for legal discovery purposes in a pending trial court proceeding in a state other than Minnesota.

Records subpoena (ad testificandum) in Minnesota.

You can request issuance of the foreign records subpoena in Minnesota that commands someone to produce and permit inspection and copying of documents, records, and tangible things in their possession, custody, or control that is allowed by the state law where the action is pending, if the trial court allows the evidence. 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 records subpoena in Minnesota.

Enhance the efficiency of the foreign records subpoena

Legal Process Minnesota specializes in streamlining the issuance of foreign records subpoenas in Minnesota. Dedicated exclusively to handling subpoenas, we expedite the process, saving you time and costs for your clients while avoiding extraterritorial objections. Here are some conveniences we offer to assist you in issuing a foreign records subpoena.

You can schedule the records production for the earliest date.

If necessary, you can request the foreign records subpoena be issued on the same day.

You receive fast and efficient subpoena processing and submission to the Minnesota State Court.

You receive notification that the subpoena has been successfully processed and accepted by the Minnesota court.

Use our fast and reliable subpoena process service to your advantage.

You can rest assured that the foreign subpoena is authorized and enforceable.

You have peace of mind knowing your out-of-state subpoena is lawful in Minnesota.

Here is how to get the foreign records subpoena in Minnesota

Requesting the issuance of the foreign records subpoena in Minnesota involves careful attention to detail to ensure compliance with the approved Minnesota Interstate Depositions and Discovery Rule 45.06. Here are the procedures for requesting the foreign records subpoena in Minnesota.

  1. Obtain an executed records subpoena in the pending court action of the foreign jurisdiction state.
  2. 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.
  3. 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.
  4. Combine the demand for document production and tangible things with the demand for a foreign deposition or issue them separately in Minnesota.
  5. Set the date and time for the document production deadline, ensuring sufficient time for the recipient to prepare and comply with the subpoena.
  6. Prepare a short transmittal letter to accompany the trial state subpoena, advising the Minnesota court that the subpoena is being sought under MN Statute 45.06, Interstate Depositions and Discovery.
  7. Present the executed trial court subpoena and Minnesota subpoena for filing to the state court administrator of the county in Minnesota where the records are. The court must issue the subpoena in the name of the Minnesota court, which is necessary to invoke jurisdiction in Minnesota.
  8. Pay a required $16 Minnesota court subpoena filing fee.
  9. After submitting the foreign records subpoena to the court administrator, the clerk, following that court's procedure, promptly issues the subpoena for service upon the person or entity to which the foreign subpoena is directed.
  10. 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 records subpoena, it won't display the court seal.

What witness fees are required for the foreign records subpoena?

Witness fees allowed by Minnesota law apply. The person or employee who is required to produce documents and records is entitled to reasonable compensation for the time and expenses involved in producing such documents. The following section explains the records subpoena witness fees.

Witness fee payment

According to MN Rule 45.03(d), the party serving the subpoena must make witness compensation arrangements before to the time of commanded production.

Important considerations to the foreign records subpoena

The foreign records subpoena can order a nonparty to produce documents and physical items from where they live, work, or regularly do business in Minnesota. The following sections provide more information about the foreign records subpoena in Minnesota.

Records production without or without a deposition

You can subpoena the production of records without subpoenaing a deposition. You can combine the subpoena duces tecum with the deposition subpoena or issue them separately. Either way, proper notice of the subpoena demand to every other party is required.

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.

Scroll to Top