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State of Minnesota District Court Judicial District: Court File Number: Case Type: County of Plaintiff / Petitioner SUBPOENA IN A CIVIL CASE (COMMAND TO APPEAR) Minn - mncourts

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The document is a subpoena in a civil case issued by the State of Minnesota, commanding an individual to appear as a witness or produce documents for court proceedings. It outlines the requirements for service, compensation for witnesses, and legal obligations related to compliance with the subpoena.

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What makes a subpoena invalid?

If the notice period is too short, the subpoena may be considered invalid. Insufficient specificity: The subpoena must clearly specify the documents or information being requested. A vague or overly broad subpoena can be challenged and potentially invalidated.

Can a party object to a third party subpoena?

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.

What is a civil subpoena?

Civil Subpoena (Duces Tecum) for Personal Appearance and Production of Documents, Electronically Stored Information, and Things at Trial or Hearing and Declaration (SUBP-002) Orders a person who is not a party to a case to appear and testify at and bring specific documents or things to a trial or court hearing.

Can a subpoena be served anywhere?

A subpoena issued under FRCP 45 can now be served anywhere in the United States (see FRCP 45(b)(2)). Although a subpoena may now be served anywhere in the US, FRCP 45 places strict limits on where a subpoena may command compliance.

How is a subpoena legally served in Minnesota?

Service of a subpoena upon a person named therein shall be made by delivering a copy thereof to such person or by leaving a copy at the persons usual place of abode with some person of suitable age and discretion then residing therein and, if the persons attendance is commanded, by tendering to that person the fees

What is meant by subpoena duces tecum?

Subpoena duces tecum means a subpoena for the production of evidence which requires the witness to produce documents , records , or other tangible objects for examination at a trial or hearing . Duces tecum in Latin means, you shall bring with you.

Do subpoenas need to be served on all parties?

If the subpoena commands the production of documents, electronically stored information, or tangible things or the inspection of premises before trial, then before it is served on the person to whom it is directed, a notice and a copy of the subpoena must be served on each party.

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