Records subpoena (duces tecum) in Minnesota
A records subpoena is required to subpoena records and tangible things located in Minnesota. The documentary evidence and material items can be used for legal discovery purposes in a court proceeding pending in a foreign jurisdiction.
You can request a records subpoena in Minnesota, commanding documentary evidence to use in an out-of-state lawsuit, provided the court with the pending case permits the evidence and items. 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 records subpoena in Minnesota.
Expert assistance for requesting a records subpoena in Minnesota
Requesting a records subpoena involves careful attention to detail to ensure compliance with the approved Minnesota foreign subpoena rule to prevent extraterritorial objections. Legal Process Minnesota uses its knowledge and skill to prepare and submit a subpoena request at the Minnesota court on your behalf, streamlining the process and making it effortless for you.
Maximize efficiency and accuracy of obtaining a records subpoena in Minnesota
Legal Process Minnesota optimizes the procedure for getting a foreign records subpoena in Minnesota. By using a reliable subpoena service, you save time and resources and avoid complications.
Records subpoena: Procedures for requesting one in Minnesota
- Start with a foreign records 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 records production with a demand for a foreign deposition or issue them separately.
- Set the date and time for the document production deadline, allowing reasonable time for compliance.
- Submit both subpoenas to the state court administrator of the county in Minnesota where the documents are located, 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 records subpoena issued by a Minnesota attorney won't display the court seal.
Records subpoena: Compensation for non-party evidence
A person who is not a party to the legal action or an employee of a party and is required to produce records and tangible things relating to a profession, business, or trade entitles them to reasonable compensation for the time and expense involved in preparing the material items. The Minnesota witness fee for producing records and objects is explained in the following sections.
Witness fee payment
Important considerations for a foreign records subpoena in Minnesota
A foreign records subpoena can order a non-party witness to produce documents and material items relevant to the court action from where they live, work, or regularly do business in Minnesota. The following section provides more requirements of a foreign records subpoena.
Jurisdiction and rules for a foreign subpoena in Minnesota
A request for the issuance of a 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.
Records subpoena with or without a foreign deposition
You can subpoena the production of records with or without subpoenaing a foreign deposition. That is, you can combine a subpoena duces tecum with a foreign deposition subpoena or issue them separately. Both options require proper notice of the subpoena demand to every other party to the action.