Minnesota Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action

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US-AO-88
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Federal District Court form commanding appearance and testimony in United States District Court.


A Minnesota Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action is a legal document issued by a court that requires an individual to attend a hearing or trial and provide their testimony regarding a civil case. This subpoena is an essential tool in obtaining witnesses' statements and presenting evidence in court. In Minnesota, there are two types of subpoenas that can be issued in civil actions: a subpoena to appear and a subpoena to appear and testify. A subpoena to appear requires an individual's presence at a hearing or trial. It compels the person to attend court but does not necessarily require them to provide testimony. This type of subpoena is typically used to ensure the availability of a witness or to confirm their identity. On the other hand, a subpoena to appear and testify not only requires the individual's presence but also mandates the individual to provide sworn testimony under oath. This type of subpoena is used when the witness has relevant information or evidence that is crucial to the case. To initiate the subpoena process, the party seeking the witness's testimony must draft a subpoena document, which includes the court's name, case number, the issuing party's information, and detailed instructions for the witness. The instructions must specify the date, time, and location of the hearing or trial, and provide a clear directive for the witness to appear and testify. Once the subpoena is completed, it must be served to the witness in compliance with the applicable Minnesota statutes. Proper service ensures that the witness receives the subpoena and is aware of their legal obligation to attend the stated proceeding. Non-compliance with a subpoena can result in penalty or contempt of court, as it is the witness's legal obligation to appear and provide testimony if summoned. Therefore, individuals who receive a Minnesota Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action must prioritize their attendance and fully cooperate with the court proceedings. In summary, a Minnesota Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action is a legal instrument used to compel individuals to attend court proceedings and provide testimony. Its purpose is to ensure the availability of witnesses and gather relevant evidence to aid in the resolution of civil disputes. Understanding and adhering to the instructions outlined in the subpoena is crucial for witnesses to fulfill their legal obligations and contribute to the fair administration of justice.

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FAQ

The court may, to protect a person subject to or affected by the subpoena, quash or modify the subpoena or, if the party in whose behalf the subpoena is issued shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship and assures that the person to whom the subpoena is ...

The attendance fee for Federal subpoenas is governed by and described in 28 USC 1821. Witness fees are $40.00 per day and $. 65½ per mile, round trip from the witness' residence to where they must appear. The subpoena must accompany the attendance fee, otherwise the service is invalid.

Failure by any person without adequate excuse to obey a subpoena served upon that person may be deemed a contempt of the court from which the subpoena 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.

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.

A subpoena is a court order that requires a party (or a witness who is not a party) to come to court to testify. It can also require the person to bring certain papers to the court hearing or trial.

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.

A Witness Subpoena is a court order requiring a person to appear in court on a certain date and testify as a witness, usually in a trial.

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Minnesota Subpoena to Appear and Testify at a Hearing or Trial in a Civil Action