Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
1. What Is a Court-Ordered Subpoena?
A subpoena is a court order that commands a person or entity to testify under oath or to produce documents. In probate matters, an interested party may seek a subpoena duces tecum specifically to gather estate records held by banks, title companies, employers, or other third parties.
2. Obtaining the Subpoena in Minnesota
Under Minnesota Statutes §524.3-719 (revisor.mn.gov/statutes/cite/524.3-719), any interested person may petition the probate court for a subpoena duces tecum. Follow these steps:
- Prepare a written petition explaining your status as an interested party (e.g., heir, beneficiary, creditor) and why the records are relevant.
- Draft the subpoena form according to Minnesota Rules of Civil Procedure, Rule 45 (revisor.mn.gov/rules/3030.4500/), specifying the documents or records you seek.
- File your petition and proposed subpoena with the probate court clerk. Pay any required filing fee.
- Obtain the judge’s (or clerk’s) signature on the subpoena.
3. Serving and Enforcing the Subpoena
Once issued, you must serve the subpoena according to Minn. R. Civ. P. 45.02:
- Serve at least ten days before the return date.
- Use personal delivery by a non-party over age 18, or other authorized method.
- If you require testimony, include a witness fee and mileage allowance per Minn. Stat. §357.24 (revisor.mn.gov/statutes/cite/357.24).
If the recipient refuses to comply or produce documents, you may file a motion to compel under Minn. R. Civ. P. 45.03. The court can enforce compliance and, if necessary, hold the non-complying party in contempt.
4. Using the Subpoena to Gather Estate Records
After service, the custodian must produce the specified records at the time and place designated. Common estate documents include bank statements, investment account records, title deeds, and tax returns. When you receive records:
- Review them immediately and verify completeness.
- Organize documents in your case file with date and source labels.
- File any follow-up petitions or motions if records are incomplete or require clarification.
- Use the records to support petitions for accounting, beneficiary distributions, or creditor claims in the probate court.
Helpful Hints
- Clearly list each document or category of records in the subpoena to avoid ambiguity.
- Check the probate court’s local rules for additional formatting or filing requirements.
- Confirm filing and service deadlines to prevent objections or quashed subpoenas.
- Keep proof of service (e.g., affidavit of service) in your case file.
- Consider electronic subpoena options if the court offers e-filing and e-service.
- Budget for filing fees, sheriff or process server costs, and witness fees.
- Consult the court clerk early to verify fees and timing.
- If the custodian raises objections, be prepared to address relevance and scope before the judge.