Subpoena Civil Process
What is a Subpoena?
A subpoena is a command to appear at the defined time and location.
A law office issuing a subpoena by requesting to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action in the form of subpoena. In Minnesota reasonable notice is defined as 7 days prior to the date of the deposition. The document will state the name and place for taking the deposition and the name and address of the individual to be examined. A subpoena is a command to appear at the defined time and location.
Serving this notice on someone in the state of Minnesota requires payment to the person being served for time and travel costs. In Minnesota, that fee is $20.00 per day plus 0.28 cents per mile from their home or place of employment and back, roundtrip.
If payment is not made to the recipient at the time the subpoena is served, this neglect may nullify the order. It’s also important to note that the person receiving legal process may not be served by someone who is involved in the lawsuit, or who may benefit by the outcome of the court case. This alone makes hiring a professional Twin Cities process server a smart choice.
Subpoena Duces Tecum
Duces tecum refers to the production of documents. If this legal document is to be served on the person to be examined, the designation of the materials to be produced as set forth in the subpoena shall be attached to or included in the notice. A duces tecum also requires that a fee be rendered at the time of service or (service of process).
Some courts allow substituted service, or service upon an individual, by handing court documents called process to and leaving with a party of reasonable age (generally 14 – 16 years old) that also resides in the same residence as the defendant being served.
Notice of Method of Recording
The party taking the deposition shall state in the notice the method by which the testimony shall be recorded. Unless the court orders otherwise, it may be recorded by sound, sound-and-visual, or stenographic means, the party taking the deposition shall bear the cost of the recording. Any party may arrange for a transcription to be made from the recording of a deposition taken by non-stenographic means.