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SUBPOENAS

SUBPOENAS. IN WORKERS’ COMPENSATION CASES. 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.

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SUBPOENAS

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  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 employee’s 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 attorney’s 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 person’s 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).

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