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Subpoena Domestication Service

How to subpoena records in Minnesota from out of state

A subpoena for records or evidence production, also known as a subpoena duces tecum, is a court summons that can be used to order individuals or organizations within Minnesota to produce documents or tangible evidence for a civil case pending in a foreign jurisdiction.

To subpoena records in Minnesota for a case pending in another state, the foreign subpoena must comply with Minnesota law and be domesticated in Minnesota. The subpoena needs to be issued by the court administrator of Minnesota or 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 properly noticed according to the laws of the jurisdiction where the case is pending.

Records subpoena (subpoena duces tecum).

Issuing a subpoena for records in Minnesota for a case pending in another state can be complex and may involve challenges related to jurisdiction. However, Legal Process Minnesota is available to assist you with issuing a records subpoena through the UIDDA process in Minnesota. We ensure that every aspect is handled correctly, ensuring that the foreign subpoena is effective and legally binding in the state of Minnesota.

Compliant, fast, and effective

Here is our checklist for subpoenaing records 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 foreign subpoena, such as the names, addresses, and telephone numbers of all counsel of record and of any party not represented.
Next, we draft a brief transmittal letter to the Minnesota court administrator requesting the issuance of the foreign subpoena for records.
After that, we submit the documents to the relevant Minnesota State Court to establish jurisdiction over the evidence and pay the $16 filing fee for issuing the subpoena, which is included in our fee.
Then, we wait until the court issues the subpoena and carefully inspect it for accuracy and completeness, verifying its credentials.
Lastly, our process server serves the subpoena on the designated recipient.

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Subpoena for records: 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 about witness fees associated with evidence production.

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.

Subpoena for records: Essential requirements

Minnesota Rule 45.06: This rule permits the subpoenaing of records and other evidence in Minnesota based on the proper issuance of a subpoena under the authority of another state. The following section provides crucial information and guidelines regarding subpoenas for records that you need to be aware of.

Subpoena for records production without deposition

In Minnesota, you have the option to request document production in conjunction with a subpoena for deposition, or ask for them separately. In both cases, the subpoena must comply with the laws of the state of Minnesota, which 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 subpoena for records in Minnesota.