Uniform Interstate Depositions and Discovery Act (UIDDA)-Minnesota

A subpoena for testimony in Minnesota may require a person to appear and testify at a trial, hearing, or deposition.  In UIDDA Minnesota, a subpoena for discovery may be issued by an official of the court at the behest of one of the parties to the civil case. The court administrator issues a signed subpoena, but the rest of the document is left blank for the party to fill.

On behalf of the court that is now handling the case, an attorney serves as an officer of the court in a  UIDDA and Minnesota legal capacity.

BACKGROUND

A foreign subpoena must be submitted to the district court administrator of the court in the county where the discovery is to be performed as per UIDDA and Minnesota in order for a subpoena to be issued. Even though it does not count as an appearance in court, the filing party is nevertheless subject to the court's jurisdiction and all applicable UIDDA and Minnesota laws and rules, including those governing professional conduct.

Minnesota’s district court administrator, upon receipt of an international summons, must issue a subpoena for service to the individual to whom such summons is addressed in accordance with the court as well as the requisite UIDDA and Minnesota process.

A subpoena should include the phrases included in the subpoena from the foreign jurisdiction. In addition, the subpoena must include or be accompanied by the names, addresses, and telephone numbers of all lawyers and parties not represented by counsel in the UIDDA and Minnesota process to which it pertains.

A district court administrator may issue a subpoena. Still, any application to enforce, dismiss, or alter such subpoena must adhere to the UIDDA and Minnesota rules and laws and be presented to the district court in the county where discovery is to be carried out. In Minnesota, all subpoenas must include [A.] the name of the court that is issuing the subpoenas in the first place; [B.]  action's name; [C.] the name of the court where the case is currently being litigated, and [D.] in the event that one is given, the case file number.  Sometimes, a subpoena's name will be identical to the name of the court where a case is currently being litigated. When a subpoena is used in connection with a foreign action, it is necessary to meet both criteria. 

SERVING A SUBPOENA IN MINNESOTA

Anyone over eighteen who is not a party to the case may serve a subpoena under Minnesota law as long as the individual is not a party to the case and is of sound mind. Subpoenas may be served on anybody in the state of Minnesota.

Non-party witnesses who must appear for discovery in Minnesota must be given a copy of the subpoena. It is considered best practice to leave the UIDDA and Minnesota subpoena at the non-party witness's usual place of residence with a person of appropriate age and judgment. Subpoena costs for one day's attendance and travel expenses must be included if a person mentioned in the subpoena has to testify.

In order to challenge a subpoena for production, objections should be filed within fourteen days of service. The notice must be given to all parties involved in a lawsuit in Minnesota, according to state law. Only a subpoena to compel presence at trial is exempt from this rule. 

Subpoenas may be served at any location within the state of Minnesota. At the same time, it is normally possible to dismiss or amend a subpoena that requires a non-party witness to travel outside of the county in which that witness lives, a timely application by the issuing court generally allows the court to do so.

APPEALS FOR DISCOVERY ORDERS

Discovery orders in Minnesota cannot be appealed by the parties involved as a matter of right. In certain cases, however, a judge has the option to overturn an order requiring discovery. Alternatively, the court may issue a writ of prohibition to prevent the disclosure of material that is not discoverable. 

Within thirty days following the filing of the challenged order, a petition for permission to appeal must be filed and served. Within sixty days after serving written notice of the filing of an appealable order, an appeal must be taken. Within the time limit for appealing an appealable decision, writs of prohibition should normally be filed.

Minnesota state courts employ an abuse of discretion test to examine discovery orders. Courts have the power to issue a writ of prohibition only where "the trial court has exceeded its legitimate jurisdiction or so misused its judgment as to create harm for which there is no other acceptable remedy.”

SERVICE OF AN OUT-OF-STATE SUBPOENA IN MINNESOTA

Subpoenas issued in the state of Minnesota cannot be served outside of the state without complying with both UIDDA and Minnesota rules, as well as the foreign jurisdiction. The issuing party must follow the foreign jurisdiction's process for issuing and executing subpoenas in order to get information from a non-party witness. As Minnesota has implemented the Uniform Interstate Depositions and Discovery Act (UIDDA), a foreign litigant may get a non-party witness in Minnesota by following a UIDDA and Minnesota procedure identical to what is required for a foreign litigant to subpoena a non-party witness in the United States.

To get a non-party witness in Minnesota, a foreign plaintiff may deliver the foreign subpoena to the clerk of the county in which the UIDDA and Minnesota discovery is taking place. That court's clerk will issue a subpoena for the selected non-party witness, which may then be served on them. 

Respondents to subpoenas are responsible for their expenses. The party responsible for serving the subpoena must make all reasonable efforts so that a person subject to the subpoena does not suffer undue hardship or cost. Prior to responding with a subpoena, the party to whom it is addressed has the right to establish the number of such expenditures. Before the due date for compliance, it is necessary for the party serving the subpoena to establish arrangements for adequate remuneration. 

A subpoena from another state may be used to serve as the legal basis for a subpoena in Minnesota. This applies to the delivery and execution of any subpoena issued by the State of Minnesota, as well as any other UIDDA and Minnesota processes associated with it. When a subpoena is issued, it must be served on all other parties involved in the case, as well as adhere to the UIDDA and Minnesota law. Even if the subpoena is issued for use in a foreign court, Minnesotans and residents are entitled to the full protection of the state's regulations.

While the rule recognizes the inherent and exclusive power of the Minnesota Supreme Court in question of court procedure, the Uniform Act is still in effect since it was established as a rule rather than legislation. Uniform interpretation and construction are required for this regulation as well as for all uniform legislation. Minnesota's understanding of uniform legislation may thus be influenced by the construction of the UIDDA and Minnesota law in other states. 

 Minnesota lawyers may now pursue lawsuits pending in other jurisdictions by signing and issuing subpoenas. There are no changes to Minnesota's subpoena procedure other than permitting a Minnesota attorney to conduct the necessary steps and issue the subpoena. Self-represented plaintiffs do not have this subpoena power.

After the foreign subpoena is submitted, the administrator of the district court in this state must swiftly issue a subpoena for service upon the person to whom the foreign subpoena is addressed, in line with UIDDA and Minnesota process. Subpoenas can be issued to compel Minnesota witnesses to appear for depositions in other jurisdictions' proceedings. For notification before pre-trial discovery, a subpoena must be served with notice before it may be used as evidence in court. A copy of the subpoena served on the non-party or unequivocal notification that a non-party is being subpoenaed is the most common form of notice. However, the regulation does not define the kind of notice necessary.

MINNESOTA RULES TO SERVE A SUBPOENA

It is now required that a party served with a subpoena that solely calls for the production of papers rather than a deposition provide a timeframe for arranging pay. The requirement of a timeframe is indicated by adding the words "ordered production or" to the first phrase, which imposes the same timeline for a deposition. Additionally, non-party discovery is borne by the parties to the action as much as possible, and the burden on subpoenaed parties should be avoided as much as possible. The major determining factor references that the appropriate purpose of a subpoena for production is to gather material for use by all parties to the case and not for ex-parte use by a single party. There must be full disclosure of the non-information party and testimony after a subpoena has been issued. Information may be generated more efficiently with the help of the new language. Non-parties no longer needed to arrange or attend a deposition in order to comply with subpoenas seeking documents and other information. 

Alternative arrangements for production in answer to a subpoena made by the non-party and the party issuing it, which may be perfectly appropriate, can be made without the knowledge of other parties to the action. Subpoenaed documents must be made available to all parties and the non-party at a time that is mutually acceptable to all parties and the non-party.

Non-parties will have fewer obligations to bear during discovery, and all parties will be able to take part in court-ordered discovery on an equal basis. Other parties may still need to serve separate subpoenas on the same non-party in order to receive records in a different format or to seek more documents, examinations, or copying. In an ideal world, the parties involved would work together to minimize the financial and administrative obligations placed on the subject of the subpoena.

It is critical to notify the other party if the individual intends to comply with a subpoena in a way that is not specified in the subpoena in case the party has legitimate concerns about the production. 

Minnesota

Uniform Interstate Depositions and Discovery Act Adopted - 2015
Bill Number: Court Rule
MINN. R. CIV. P. 45.06 (b)
Minnesota Judicial Branch Click Here
(a) Definitions. In Rule 45.06:

(1) "Foreign jurisdiction" means a state other than this.

(2) "Foreign subpoena" means a subpoena issued under the authority of a court of record of a foreign jurisdiction.

(3) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.

(4) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(5) "Subpoena" means a document, however, denominated, issued under the authority of a court of record requiring a person to:

(A) attend and give testimony at a deposition;

(B) produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or

(C) permit inspection of premises under the control of the person.

(b) Issuance of Subpoena.

(1) To request the issuance of a subpoena under this section, a party must submit a foreign subpoena to the district court administrator of the court in the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under this act does not constitute an appearance in a proceeding pursuant to Rule 5.01. Still, it does subject the filer to the jurisdiction of the court and Minnesota law and rules, including the Minnesota Rules of Professional Conduct.

(2) A district court administrator in this state, upon submission of a foreign subpoena, shall, in accordance with that court's procedure, promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.

(3) A subpoena under subsection (2) must:

(A) incorporate the terms used in the foreign subpoena; and

(B) contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.

(c) Service of Subpoena. A subpoena issued by a district court administrator under Section (b) must be served in compliance with Rule 45.02 of these rules.

(d) Deposition, Production, and Inspection. All Minnesota rules and statutes applicable to compliance with subpoenas to attend and give testimony produce designated books, documents, records, electronically stored information, or tangible things, or permit inspection of premises apply to subpoenas issued under Paragraph (b).

(e) Application To Court. An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a district court administrator under Paragraph (b) must comply with the rules and statutes of this state and be submitted to the district court in the county in which discovery is to be conducted.

Minn. R. Civ. P. 45.06

FOR ASSISTANCE DOMESTICATING AND SERVING A SUBPOENA IN Minnesota

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Sources

1. As defined by Minnesota Regulations of Civil Procedure Rule 5.01

2. When a subpoena is issued, the person or persons to whom it is addressed must either attend and give testimony; produce and permit inspection or copying, testing, and sampling of designated books, documents, electronically stored information, or tangible things; or permit inspection of premises at an agreed upon time and place.

3. Minnesota Rules of Civil Procedure 45.01(d)

4. the subject of the subpoena must get a copy of the subpoena (person or entity). Each party to the action must be furnished with notice of the necessary production at least seven days before it is due, according to the Minnesota Rules of Civil Procedure 5.02. (Minnesota R. Civ. P. 45.02(a)).)

5. Subpoenas for testimony are not subject to a time limit under Minnesota's Rules of Civil Procedure. Nonetheless, if a subpoena fails to offer sufficient time for compliance, the court has the power to cancel or alter it. (Minnesota R. Civ. P. 45.03(c)(1)(A.)).

Production subpoenas must be served seven days before the necessary production is due, according to Minnesota Rule of Civil Procedure 45.02(a).

6. The form of the notification is not specified under the Minnesota Rules of Civil Procedure. A non-party may be served with a copy of the subpoena or be given notice in some other manner that they are being subpoenaed, according to the Advisory Committee's definition of notice (Minn. R. Civ. P. 45.06, Advisory Committee Comment: 2007 Amendment).

7. Minnesota's RCP 45.02(b)

8. Anderson v. Florence, 181 N.W.2d 873 (Minn. 1970

9. Mampel v. East Heights State Bank, 254 NW2d 375, 377 (1977) and 

State v. Turner, 550 NW2d 622, 623 (1996)

10. Ebenezer Soc'y v. Minn. State Bd. of Health, 223 NWW2d at 385, 388

11. Holt v State Board of Med. Examiners

12. (Minnesota Rules of Civil Procedure 45.06(b))

A Minnesota lawyer authorized to practice law may issue and sign a subpoena as an officer of the court under Minn. R. Civ. P. 45.01(c) and 45.06(b).

13. "Lawyers vs. Regents," 266 Minneapolitan 284, 123 NW2d 371 (1990). (1963)

14. A district court administrator may issue a subpoena. Still, any application to enforce, dismiss, or alter such subpoena must adhere to the rules and regulations of Minnesota and be presented to the district court in the county where discovery is to be performed.

15 Rule 45 has been largely superseded by its federally mandated equivalent. Rules of federal practice that do not apply in state court practice are eliminated or replaced with rules compatible with current state practice.

16. The application of Minnesota's conflict-of-law principles under Rule 45.04(b) determines the outcome of substantive questions about privilege, competency, or the responsibility of a witness to answer certain questions.

17. A subpoena must be given notice under Rule 45.01(e) before it may be used for an ex parte inquiry so that all parties have a chance to participate in its production.

18. The Minnesota law stipulates that no production may go forward unless all parties involved have been given at least seven days' notice, giving them the option to either participate in the production or seek an injunction to prevent it from going ahead. New Rule 25 in the Special Rules of Procedure Governing Proceedings Under the Minnesota Commitment and Treatment Act requires 24-hour notice for subpoenas for production in commitment proceedings, which are subject to the expedited hearing requirement of Minn. Stat. ch 253B, as provided in the new Rule 25.