SUBPOENAS

1
SUBPOENAS

• IN WORKERS COMPENSATION CASES

2
Witnesses in workers compensation proceedings
generally appear without a court order.

• Examples of witnesses
• A party to the case, such as the employee
  claiming an injury or an employer.
• An expert witness for a party such as a medical
  doctor or provider of rehabilitation services.
• An individual having personal knowledge of the
  employees activities before or after an injury.

3
WHEN IS A SUBPOENA USED?

• To require the appearance of a witness, a party
  may obtain an order (subpoena) of the Chief
  Administrative Law Judge of the Office of
  Administrative Hearings.
• The witness may be reluctant to testify or
  provide information.
• The witness is crucial to the case and the
  requester wants to ensure attendance.

4
What does the subpoena require?

• The subpoena requires
• Appearance for testimony in or out of court, or
• The production of relevant documents related to
  the claim, or
• Both testimony and documents.

5
How do I obtain and complete a subpoena?

• Call OAH (651-361-7900) to request the subpoena
  form, already signed by the Chief Administrative
  Law Judge.
• Fill the required information in the blanks of
  the form. Include the requesting party or
  attorneys name, address, and phone number.
  (Minn. R. 1420.2700)

6
How do I serve a subpoena?

• Personally serve the subpoena on the witness by
  delivering a copy to the person or by leaving a
  copy at the persons residence with an adult.
  (Mn. Rules of Civil Procedure 45.03)
• Prepay the witness costs of at least 20 per day
  and .28 per mile. (Minn. Stat. 357.22, Minn.
  R. 1420.2700)

7
What if there is a dispute about the subpoena?

• The person disputing the subpoena may file a
  Motion to Quash or Modify the subpoena.
• The Motion must be filed before the date of the
  proceeding noted in the subpoena.
• Generally, an opposing party has 10 days to
  respond to a Motion. If the proceeding is in less
  than 10 days, serve and file the objection before
  the proceeding. (Minn. R. 1420.2250)
• The judge will issue an order or schedule a
  proceeding to resolve the motion.

8
What if the subpoena orders only documents to be
produced?

• Check the subpoena carefully to determine if both
  the attendance of the witness and documents were
  ordered.
• Call the attorney who requested the subpoena to
  verify that you may supply documents before the
  date in the order instead of appearing at the
  proceeding.

9
What if I have other questions?

• Call your attorney for advice.
• Contact a staff attorney at the Department of
  Labor and Industry or the Office of
  Administrative Hearings (651-361-7900).