Minn. R. Crim. P. 22

From LegalLanding

Below is Rule 22 of the Minnesota Rules of Criminal Procedure. Rule 22 deals with Subpoena.

Rule 22.01 For Attendance of Witnesses; Form; Issuance

Subd. 1. When Issued. 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.

Subd. 2. By Whom Issued.

(a) The court administrator issues a subpoena under the court’s seal, signed but otherwise blank, to the party requesting it, who must fill in the blanks before service. The subpoena must state the name of the court and the title of the proceeding if the subpoena is for a hearing, trial, or deposition.

(b) 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.)

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

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

Rule 22.02 For Production of Documentary Evidence and of Objects

A subpoena may command a person to produce books, papers, documents, or other designated objects.

The court on motion promptly made may quash or modify a subpoena if compliance would be unreasonable.

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.

Rule 22.03 Service

A subpoena may be served by the sheriff, a deputy sheriff, or any person at least 18 years of age who is not a party.

Service of a subpoena on a person must be made by delivering a copy to the person or by leaving a copy at the person’s usual place of abode with a person of suitable age and discretion who resides there.

A subpoena may also be served by U.S. mail, but service is effective only if the person named returns a signed admission acknowledging personal receipt of the subpoena. Fees and mileage need not be paid in advance.

Rule 22.04 Place of Service

A subpoena requiring the attendance of a witness may be served anywhere in the state.

Rule 22.05 Contempt

Failure to obey a subpoena without adequate excuse is a contempt of court.

Rule 22.06 Witness Outside the State

The attendance of a witness who is outside the state may be secured as provided by law.

Comment—Rule 22

Subpoenas for attendance at a deposition may be issued only if the court has ordered the deposition or the parties have stipulated for a deposition under Rule 21.

Under Rule 22.01, subd. 2, a subpoena must be issued by the clerk. (This changes Minn. Stat. § 357.32 for the issuance of subpoenas by the county attorney for grand jury and criminal cases.)

This rule supersedes Minn. Stat. § 611.06 to the extent the statute is inconsistent with the rule.

Rule 22 applies only to criminal proceedings in Minnesota. Minn. Stat. § 634.06 provides a method for compelling Minnesota residents to testify in criminal cases in other states.