Rule 22.06 – Witness Outside the State

May 13, 2021 | Criminal Procedure, Minnesota

The attendance of a witness who is outside the state may be secured as provided by Minn. Stat. § 634.07 (Nonresidents Required to Testify in State).

Minn. R. Crim. P. 22.06

Amended effective September 1, 2011.
Comment-Rule 22
In addition to Rule 22.01, subd. 3, Minn. Stat. § 611.06 also addresses the issuance of subpoenas to unrepresented defendants and states that Rule 22.01, subd. 3 applies. The statute also requires that the issuance of subpoenas to self-represented defendants is without cost to the defendant.
Rule 22 applies only to criminal proceedings in Minnesota. It does not affect Minn. Stat. § 634.06, which provides a method for compelling Minnesota residents to testify in criminal cases in other states.
The addition of paragraph (c) to Rule 22.01, subd. 2 is to formalize the process as set forth in State v. Paradee, 403 N.W.2d 640 (Minn. 1987); and State v. Hummel, 483 N.W.2d 68 (Minn. 1992).