More Categories

Rule 22.01 – For Attendance of Witnesses; For Documents

May 13, 2021 | Criminal Procedure, Minnesota

Subd. 1. Witnesses. A subpoena may be issued for attendance of a witness:

(a) before a grand jury;
(b) at a hearing before the court;
(c) at a trial before the court; or
(d) for the taking of a deposition.

The subpoena must command attendance and testimony at the time and place specified.

Subd. 2. Documents.

(a) A subpoena may command a person to produce books, papers, documents, or other designated objects.
(b) The court may direct production in court of the books, papers, documents, or objects designated in the subpoena, including medical reports and records ordered disclosed under Rule 20.03, subd. 1, before the trial or before being offered in evidence, and may permit the parties or their attorneys to inspect them.
(c) A subpoena requiring the production of privileged or confidential records about a victim as defined in Minn. Stat. ยง 611A.01(b) may be served on a third party only by court order. A motion for an order must comply with Rule 10.03, subd. 1. Before entering the order, the court may require giving notice to the victim so that the victim can move to quash or modify the subpoena or otherwise object.

Subd. 3. Unrepresented Defendant. A defendant not represented by an attorney may obtain a subpoena only by court order. The request and order may be written or oral. An oral order must be noted in the court’s record.

Subd. 4. Grand Jury Subpoena. A grand jury subpoena must be captioned “In the matter of the investigation by the grand jury of _________ .” (Insert here the name of the county or counties conducting the investigation.)

Subd. 5. Motion to Quash. The court on motion promptly made may quash or modify a subpoena if compliance would be unreasonable.

Minn. R. Crim. P. 22.01

Amended effective March 1, 2015.