Rule 361.03 - Other DiscoverySubdivision 1. Motion for Discovery. Any additional means of discovery available under the Minnesota Rules of Civil Procedure, including requests for subpoenas for the attendance of witnesses or for the production of documents, may be allowed only by order of the child support magistrate. The party seeking discovery shall serve and file a motion before the child support magistrate for an order permitting additional means of discovery. The motion shall include the reason for the request and shall notify the other parties of the opportunity to respond within 7 days. The party seeking discovery has the burden of showing that the discovery is needed for the party's case, is not for purposes of delay or harassment, and that the issues or amounts in dispute justify the requested discovery. The motion for discovery shall be decided without a hearing unless the child support magistrate determines that a hearing is necessary. The child support magistrate shall issue an order granting or denying the discovery motion. If the discovery motion is granted, the requesting party must serve the approved discovery requests upon the responding party and the discovery responses are due 14 days following service of the discovery request, unless otherwise ordered.
Subd. 2. Objections to Discovery. If a party objects to discovery that party may serve and file a motion within 7 days of service of discovery. The motion may be decided without a hearing unless the child support magistrate determines that a hearing is necessary.
Subd. 2. Subpoenas.
(a) The motion for a subpoena shall specifically identify any documents requested, include the full name and home or business address of all persons to be subpoenaed, and specify the date, time, and place for responding to the subpoena.(b) The motion for a subpoena shall be decided without a hearing unless the child support magistrate determines that a hearing is necessary. The child support magistrate shall issue an order approving or denying the motion.(c) If the order approves the motion, the court administrator shall issue a subpoena in accordance with Minn. R. Civ. P. 45. The party requesting the subpoena shall fill out the subpoena before having it served. An attorney as officer of the court may also issue and sign a subpoena on behalf of the court where the action is pending.(d) All subpoenas shall be personally served by the sheriff or by any other person who is at least 18 years of age who is not a party to the action. Employees of the county agency may personally serve subpoenas. The person being served shall, at the time of service, be given the fees and mileage allowed by Minn. Stat. § 357.22. When the subpoena is requested by the county agency, fees and mileage need not be paid. The cost of service, fees, and expenses of any witnesses who have been served subpoenas shall be paid by the party at whose request the witness appears. The person serving the subpoena shall provide proof of service by filing the original subpoena with the court, along with an affidavit of personal service.(e) A child support magistrate shall deny or modify the subpoena if it is unreasonable or oppressive, taking into account the issues or amounts in controversy, the costs or other burdens of compliance when compared with the value of the testimony or evidence requested, and whether there are alternative methods of obtaining the desired testimony or evidence. Modification may include requiring the party requesting the subpoena to pay reasonable costs of producing documents, books, papers, or other tangible things.Subd. 3. Objections to Discovery or Subpoena.
(a)Objection to Discovery. If a party objects to discovery, that party may serve and file a motion within 7 days of service of the discovery request. The motion may be decided without a hearing unless the child support magistrate determines that a hearing is necessary.(b)Objection to Subpoena. Any person served with a subpoena who objects to the request shall serve upon the parties and file with the court a motion objecting to the subpoena. The motion shall indicate why the request is unreasonable or oppressive. The motion shall be served and filed promptly and no later than the time specified in the subpoena for compliance.Minn. Gen. R. Prac. 361.03
Amended effective 11/1/2003; amended effective 1/1/2020; amended effective 11/22/2023.Advisory Committee Comment-2023 Amendments
Rule 361.03 is modified in 2023 to make subpoenas a part of the formal discovery process, which requires judicial officer permission in the expedited process. This ensures that subpoenas for documents remain within the allowable scope of Rule 361.02. Any person being served with a subpoena may waive the personal service requirement and consent to an alternative means of service, such as service by U.S. Mail or e-mail. These changes replace former Rule 361.06 which is deleted. A motion objecting to discovery or a subpoena is also commonly titled a motion for protective order.