Requesting subpoenas

The following process should be used in order to obtain a subpoena: 

• Provide to the assigned Workers' Compensation Judge a written statement of materiality of the testimony or document to be subpoenaed, along with the fully completed subpoena. 
• Serve a copy of the request on all parties to the case. 
• If the request is approved, OAH will return the completed subpoena to the requesting party for service. 
• If the request is denied, the Workers' Compensation Judge will issue an Order denying the subpoena.

Cost

OAH does not charge to obtain a subpoena. 

You must pay each witness a $20.00 fee for the first day of the hearing, plus 28 cents per mile from the person’s home to the hearing and back. If the witness is a non-party, or an employee of a party, and 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, then the witness is entitled to reasonable compensation for the time and expense involved in preparing for and giving such testimony or producing such documents.

Failure to comply with any of these  steps will cause the subpoena to be invalid and unenforceable.  For further information about how to quash a subpoena, please see Minn. R. 1420.2700 and Minn. R. Civ. Pro. 45.03.

Delivery

Service must be done properly to ensure that the judge can require the person to attend the hearing. 

• An adult who is not a party to the case must deliver the subpoena and the required fee to the person or the home of the person you want to subpoena. You may pay a sheriff, deputy sheriff, or private company to deliver the subpoena for you.
• The subpoena and fee may be left with any responsible adult at the home address.
• A subpoena commanding production for inspection, copying, testing, or sampling of designated books, papers, documents, or electronically stored information, tangible things, or inspection of premises, must be served on the subject of the subpoena at least seven days before the required production.

Failure to comply with any of these  steps will cause the subpoena to be invalid and unenforceable.  For further information about how to quash a subpoena, please see Minn. R. 1420.2700 and Minn. R. Civ. Pro. 45.03.