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Legal Process Minnesota

Process Server & Subpoena Domestication Service

How to Domesticate a Records Subpoena in Minnesota

A record's subpoena, also known as a subpoena duces tecum, is a court summons that state courts in the US use to order individuals or organizations within Minnesota to produce documents or tangible evidence for a civil case pending in another state.

To domesticate a records subpoena in Minnesota, an out-of-state subpoena must first comply with Minnesota law. Then, the subpoena must be issued by the court administrator or by a Minnesota-licensed attorney in the name of the court located in the county where the records are kept. Additionally, the evidence requested must be permitted, and notice must be provided to all parties in accordance with the laws of the jurisdiction where the case is pending.

Records subpoena (subpoena duces tecum).

Issuing a records subpoena in Minnesota for a case pending in another state can be complex and may involve jurisdictional challenges. However, Legal Process Minnesota is available to assist you with the Unified Interstate and Discovery Act (UIDDA) process in Minnesota. We ensure that every aspect is handled correctly, making the foreign subpoena effective and legally binding in Minnesota.

Compliant, fast, and effective

Checklist for domesticating a records subpoena in Minnesota

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

Records subpoena witness fees

In Minnesota, witness fees for subpoenaing records and tangible evidence may be required for reasonable compensation and expenses. The following section provides information on the costs to be paid to recipients for the production of records and evidence.

Compensation to the subpoenaed party

The party serving the subpoena for records or evidence must make arrangements for reasonable compensation to the subpoenaed party as required under Rule 45.03(d) before the time of commanded production.

Foreign records subpoena: Essential requirements

Minnesota Rule 45.06: This rule allows foreign records and other evidence 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.

Subpoena for records production without deposition

In Minnesota, you can request foreign records either with or without a request for deposition. In both cases, the subpoena must comply with the 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.