Free State of Minnesota - Minnesota

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_____________________________________________ Plaintiff / Petitioner and _____________________________________________ Defendant / Respondent TO: _____________________________________________________________________________________________
Name Address

SUBPOENA IN A CIVIL CASE (COMMAND TO APPEAR) Minn. R. Civ. Pro. 45

You are commanded to appear as a witness in the district court to give testimony at the place, date, and time specified below.
Place of Testimony Courtroom Date and Time

You are commanded to appear at the place, date and time specified below to testify at the taking of a deposition in the above case.
Place of Deposition Date and Time

You are commanded to produce and permit inspection and copying of the listed documents or objects at the place, date and time specified below (attach list of documents or objects if necessary):

Place

Date and Time

You are commanded to permit inspection of the following premises at the date and time specified below.
Premises Date and Time

NOTE:

FAILURE TO OBEY A SUBPOENA WITHOUT BEING EXCUSED IS A CONTEMPT OF COURT.
_________________________________ Date

_____________________________________________________________________ Signature of Court Administrator / Plaintiff's Attorney / Defendant's Attorney (Circle) _____________________________________________________________________ _____________________________________________________________________ Name, Address and Phone Number (if issued by Attorney as an Officer of the Court)

SEAL (if issued by Court Administration)

CIV101

State

ENG

Rev 1/06-R

www.courts.state.mn.us/forms

Page 1 of 2

RETURN OF SERVICE State of Minnesota County of _______________________________________________ I hereby certify and return that on ____________________________ I served a copy of this subpoena upon the person named thereon. Service was made by: personally handing to and leaving with him or her a true and correct copy; or leaving a true and correct copy at his or her usual place of residence __________________________________________________________________________________________ Address with ______________________________________________________ a person of suitable age and discretion. Name of Person

NOTARY STAMP, SIGNATURE AND DATE Subscribed and Sworn/Affirmed to before me on Date _______________________________________ ___________________________________, 20______ By _________________________________________ ____________________________________________ Title _______________________________________

NOTE: If served by someone other than a Law Enforcement Officer, signature must be notarized.
Rule 45, Minnesota Rules of Civil Procedure, provides that: A subpoena may be served by any person who is not a party and is not less than 18 years of age. Service of a subpoena shall be made by delivering a copy to the person named in the subpoena or by leaving a copy at the person's usual place of abode with some person of suitable age and discretion who resides there. A witness who is not a party to the action or an employee of a party (except a person appointed pursuant to Rule 30.02(f)) and who is required to give testimony or produce documents relating to a profession, business, or trade, or relating to knowledge, information, or facts obtained as a result of activities in such profession, business, or trade, is entitled to reasonable compensation for the time and expense involved in preparing for and giving such testimony or producing such documents and is entitled to have the amount of those expenses determined prior to complying with the subpoena. A person is not obligated to attend as a witness in a civil case unless one day's attendance and travel fees are paid or tendered in advance (see fees below), unless the subpoena is issued on behalf of the state of Minnesota, or the state's officer or agent. Fees to be paid to witnesses shall be as follows (Minn. Stat. § 357.22): For attending in any action or proceeding in any court of record or before any officer, person or board authorized the take examination of witnesses, $20 for each day. For roundtrip travel estimated from the witness's residence at 28 cents per mile. If a witness lives outside the state, travel costs shall be estimated from the boundary line of the state where the witness crossed into Minnesota at 28 cents per mile. (Additional fees may be available for out of state witnesses). In any proceeding where a parent or guardian attends the proceeding with a minor witness and the parent or guardian is not a witness, one parent or guardian shall be compensated in those cases where witness compensation is mandatory under Minn. State. § 357.22, and may be compensated when compensation is discretionary under those sections. No more than a combined total of $60 may be awarded to the parent or guardian and minor witness. Minn. Stat. § 357.242.

CIV101

State

ENG

Rev 1/06-R

www.courts.state.mn.us/forms

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