Subpoena service: Foreign subpoena in Minnesota
If you need a witness to testify and produce records from Minnesota, Legal Process Minnesota's subpoena service can help you navigate the foreign subpoena process and obtain the necessary discovery information. This subpoena service can save you time and hassle by handling the paperwork and meeting Minnesota's legal requirements.
Use a trained and experienced subpoena service in Minnesota to get a foreign subpoena in Minnesota, which makes the process smoother, more efficient, and faster. Legal Process Minnesota subpoena service submits a formal request to the relevant district court administrator on your behalf. After the request is approved, the court will issue a local subpoena for service on the individual or entity within Minnesota.
Options to request a foreign subpoena in Minnesota
There are several options for requesting a foreign subpoena in Minnesota. Some require more time and effort, while others save time and resources. The following sections describe the options available to get a subpoena.
Option 1: MN State Court e-file portal
Submit a request electronically through the online Minnesota Trial Court e-File System (Odyssey) (opens in a new tab). Use the official Minnesota court form CIV101 Civil Subpoena, available for download on the Minnesota Judicial Branch court forms page.
Option 2: Legal Process Minnesota
By using Legal Process Minnesota to request a subpoena, you can maximize efficiency and avoid delays. Prompt and dependable subpoena service submits a subpoena to the court administrator in person and receives a court-issued subpoena right away, saving time and money hassle-free.
Option 3: Minnesota Attorney
You can request a subpoena from an attorney admitted to practice law in Minnesota, acting as an officer of the court under MN Rules 45.01(c) and 45.06(b), who issues a subpoena ready for you to serve on the person or entity to whom it directs.
Advantages of working with a subpoena service in Minnesota
Working with Legal Process Minnesota provides a convenient, efficient, and effective subpoena. All deadlines and requirements are met, so you have peace of mind and save time, money, and headaches. The following sections explain how Legal Process Minnesota facilitates a foreign subpoena on your behalf.
Subpoena preparation
We review your out-of-state subpoena and its instructions and carefully prepare the Minnesota court form CIV101 Civil Subpoena compliant with Minnesota Subpoena Rule 45.06(b) by incorporating the terms, names, addresses, and telephone numbers of all parties of record.
Subpoena jurisdiction
We establish jurisdiction by filing a foreign subpoena with the related Minnesota court in person, following the court's foreign subpoena filing protocol, and receive a court-issued subpoena immediately. The $16 subpoenaing filing fee is paid for you.
Subpoena process service
Subpoena process service includes thress attempts, mileage, and a 20-minute wait time, if needed. Legal Process Minnesota follows the MN Rule 45 Subpoena instructions when serving a subpoena. Minnesota witness fees can be advanced on request.
Turnaround time
Generally, three days are sufficient to complete filing and serving a subpoena. The process server strives to serve the subpoena promptly after issuance, but routine process service might take seven days.
Confirmation and verification
After serving the subpoena, Legal Process Minnesota sends you a confirmation email. Subsequently, you receive a copy of the affidavit or return of service by email, followed by the original signed subpoena by regular mail.
Refund policy
A refund is allowed for a payment error or when you cancel the subpoena before the court issues it and before any attempt at the process service. The refund is a credit on the original payment method minus the credit card transaction fee.
Subpoena ad testificandum and duces tecum in Minnesota
A subpoena ad testificandum can compel a non-party witness to testify, and a subpoena duces tecum can request documents, books, and other material items. In the following sections, learn how Legal Process Minnesota handles these subpoena requests.
Subpoenaing a non-party witness for a foreign deposition in Minnesota can be time-consuming and challenging if not done correctly.
Submit a subpoena ad testificandum to Legal Process Minnesota, which strictly adheres to the established Minnesota Interstate Depositions and Discovery Rule for obtaining a subpoena for foreign deposition. For more information about a deposition subpoena, see Deposition subpoena (ad testificandum).
Subpoenaing non-party business records, personal documents, and physical items out of state can take time and effort.
Submit a subpoena duces tecum to Legal Process Minnesota for obtaining a subpoena for records under the Minnesota Interstate Depositions and Discovery Rule at the courthouse in person for a prompt, accurate, and complete records subpoena. For more information about a records subpoena, see Records subpoena (duces tecum).
Subpoena service to file a foreign subpoena in Minnesota
Correct subpoena filing requires filing a foreign subpoena with the Minnesota State Court in the county where the legal discovery occurs. Working with a trained and experienced subpoena service provider in Minnesota ensures compliance with Minnesota law. If you want to file a subpoena by yourself, see the procedures for filing a foreign subpoena in the following sections.
Important tip to file a foreign subpoena
Effect authority and power in Minnesota by filing a foreign subpoena in the county where the legal discovery occurs. Each Minnesota District Court has a foreign subpoena filing protocol, which you must abide by. You can contact a specific Minnesota court (opens in a new tab) to find out the local practice.
Procedures to file a foreign subpoena in Minnesota
- Begin with an authorized civil subpoena from the court where the case is pending.
- Determine the Minnesota District Court where the Discovery occurs and follow the court's foreign subpoena filing requirements.
- Conform the foreign subpoena to Minnesota law by filling out the Minnesota court form CIV101 Civil Subpoena.
- File the subpoena with the relevant district court administrator in the Minnesota State Court.
- Remit $16 for the Minnesota court subpoena filing fee.
- Examine the court-issued subpoena for accuracy before proceeding with service of process.
Subpoena service to serve a subpoena in Minnesota
Effective subpoena service requires serving a subpoena following specific Minnesota service of process rules and timelines. Working with a certified process server in Minnesota ensures compliance with Minnesota law. If you want to arrange for subpoena service of process by yourself, see the procedures for serving a subpoena in the following sections.
Helpful tip to serve a subpoena
The serving party or process server only needs to serve a copy of the subpoena. Do not serve the original subpoena or a certified copy of the subpoena. A subpoena is served according to MN Rule 45.02 Subpoena of the Minnesota Rules of Civil Procedure. Non-compliance with the Minnesota subpoena rules invalidates the service.
Procedures to serve a subpoena in Minnesota
- A subpoena must be served in Minnesota by any person who is not a party to the legal action and is at least 18 years old.
- Deliver a copy of the subpoena to the person named in the subpoena or leave a copy at the person's usual place of abode with some person of suitable age and discretion who resides there. Fourteen is the customary suitable age in Minnesota for someone who can accept service at a residence.
- Leave a subpoena with an officer or a permissible person at a business or a company's registered office address, which you can find on the Minnesota Secretary of State Business Records page (opens in a new tab).
- Serve a Minnesota subpoena any day of the week, including Sunday, except US holidays and the day of observance.
- Serve a Minnesota subpoena 14 days before the production date to enable reasonable time for compliance.
- Tender one day's witness fees, which are allowed by MN law, at the time of subpoena process service when a subpoena commands a person's appearance.
Important considerations for Minnesota Rule 45 Subpoena
A request for the issuance of a foreign 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, which includes the Minnesota Rules of Professional Conduct. If a Minnesota subpoena is issued, then the Minnesota Rule 45 Subpoena procedures apply to the process service, enforcement, and other procedures relating to that subpoena.
Before submitting a foreign subpoena to the Minnesota State Court, you must notify every other party to the case about your subpoena demand and provide proof of the notification. In accordance with MN Rule 45.01(e) Notice to Parties, any use of a subpoena, other than to compel attendance at a trial, without prior notice to all parties in the case is improper and can subject the party or attorney issuing it to sanctions.