The following is the procedure for an out of state or foreign party to issue a court ordered subpoena within Minnesota:

The party seeking the subpoena must comply with the following statute:

Click here for Minnesota Rule 45

Serving the subpoena:

Click here for Minnesota Rule 45.02

Minnesota sample subpoena:

Click here for Minnesota Forms

Required Steps:

  1. A subpoena for attendance at a deposition to be taken in Minnesota for an action pending in a foreign jurisdiction may be issued by the court administrator or by an attorney admitted to practice in Minnesota in the name of the court for the county in which the deposition will be taken, provided that the deposition is allowed and has been properly noticed under the law of the jurisdiction in which the action is pending.
  2. The subpoena may command the person to whom it is directed to produce and permit inspection and copying of designated books, papers, documents, electronically stored information, or tangible things that constitute or contain matters within the scope of the examination permitted by the law of the jurisdiction in which the action is pending, but in that event, the subpoena will be subject to the provisions of Rules 26.03 and 45.03(b)(2).
  3. Provide the court the following information:
    1. Court file number
    2. Names of parties in the case
    3. Name of person requesting subpoena(s) with their phone number
    4. Purpose of the subpoena:
      1. witness to appear at hearing/trial or deposition with the date and time
      2. production of documents
    5. A copy of the Notice of Taking Deposition and proof of service on all parties in the case
    6. Name of judge assigned to the case (if known)
    7. Number of subpoenas you need
  4. Subpoena fee (If you cannot afford to pay the fee, you might qualify for a fee waiver.)  Check with individual counties for fees.

Witness fees:

As per MN Statute 357.22, witness fees are $20 per day and .28 per mile to and from the place of attendance from the witness’ home.

Notice time:

For the production of documents and things, 7 days’ notice is required. For depositions and appearances, reasonable time for compliance is required.

Notice to adverse parties:

As per Rule 30.2, a party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action.