Subject: Request for Issuance of Subpoena — Workers Compensation Commission of Minnesota Dear [Commission Name], I am writing to request the issuance of a subpoena by the Workers Compensation Commission of Minnesota for a specific case pertaining to [employee's name] and their related workers' compensation claim. We believe that obtaining the following information through this legal process is essential in ensuring a fair resolution: 1. Subpoena for Medical Records: It is crucial to obtain the medical records of the employee in question. This would include all relevant documents related to their injury or medical condition that may have resulted from their work environment. These records are vital in evaluating the extent of injury, the treatment received, and any potential long-term effects on the employee's health. 2. Subpoena for Witnesses' Testimonies: We kindly request the issuance of subpoenas for individuals who have relevant testimony regarding the accident, injury, or ongoing rehabilitation process. Witness testimonies can provide firsthand accounts of the incident and any subsequent events. These accounts may include observations, actions, or specific conditions that are critical to resolving the case accurately. 3. Subpoena for Employment and Payroll Records: Requesting subpoenas for the employment and payroll records of the employee involved is necessary for establishing the terms of employment, including hours worked, wage rates, and any relevant employment contracts. Gathering these records will help determine the employee's usual duties, wage level, and overall work history, providing valuable insights into their claim. 4. Subpoena for Expert Witnesses: In some cases, it may be beneficial to subpoena expert witnesses who possess specialized knowledge or expertise related to the employee's injury, compensation claims, or industry-specific standards. Expert testimony can provide the commission with professional opinions and insights that may not be readily available otherwise, aiding in making informed decisions. 5. Subpoena for Administrative Materials: We kindly request the issuance of subpoenas for relevant administrative materials, such as accident reports, incident logs, and any other documentation related to the workplace environment or accident in question. These materials help provide a comprehensive view of the circumstances of the employee's injury. 6. Subpoena for Surveillance Footage or Photographs: In certain situations, the use of surveillance footage or photographic evidence may be necessary. Requesting the issuance of a subpoena in such cases allows us to obtain any available visual evidence related to the incident, which can be valuable in assessing liability or negligence factors. We believe that the issuance of these subpoenas will greatly assist in evaluating and resolving the workers' compensation claim of [employee's name]. We request that the subpoenas be promptly issued and any associated fees waived if possible, considering the significance of this information to achieve a fair and just outcome. Please feel free to contact me at [your contact information] if you require any additional information or have any questions regarding this request. Thank you for your attention to this matter. Sincerely, [Your Name] [Your Title/Organization] [Date]
Minnesota Sample Letter to Workers Compensation Commission for Issuance of Subpoena
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Three years The amount of time that workers are given to submit workers' compensation claims will depend on whether or not a First Report of Injury was filed with the Minnesota Department of Labor and Industry. If this form was filed, the statute of limitations on workplace injuries is three years. The time limit for workers' compensation claims in Minnesota noacklawoffice.com ? blog ? 2020/12 ? the-... noacklawoffice.com ? blog ? 2020/12 ? the-...
After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has and may not use or disclose the information until the claim is resolved. A receiving party may promptly present the information to the court under seal for a determination of the claim.
Personal Service: Pursuant to FRCP Rule 45(b)(1) a subpoena must be personally delivered to the person whose attendance is required by the subpoena. A person who serves the subpoena must be at least 18 years of age. A person who serves the subpoena cannot be a party to the proceeding under which the subpoena is issued.
Subpoenas in civil cases are issued under Rule 45 of the MN Rules of Civil Procedure. There must be an existing case where a hearing, trial or deposition is scheduled before a subpoena can be issued. Subpoenas - Minnesota Judicial Branch Minnesota Judicial Branch (.gov) ? help-topics ? subpoenas Minnesota Judicial Branch (.gov) ? help-topics ? subpoenas
Rule 45.03 - Protection of Persons Subject to Subpoena (a) Requirement to Avoid Undue Burden. A party or an attorney responsible for the issuance and service of a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to that subpoena.
Undue Burden. Subpoena recipients often object on the ground that compliance with the subpoena is unduly burdensome and expensive. Rule 45(d)(1) requires parties issuing a subpoena to ?take reasonable steps to avoid imposing an undue burden or expense on a person subject to the subpoena.? Fed. R. Civ.
