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SUBPOENAS IN WORKERS’ COMPENSATION CASES IN WORKERS’ COMPENSATION CASES.

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Presentation on theme: "SUBPOENAS IN WORKERS’ COMPENSATION CASES IN WORKERS’ COMPENSATION CASES."— Presentation transcript:

1 SUBPOENAS IN WORKERS’ COMPENSATION CASES IN WORKERS’ COMPENSATION CASES

2 Witnesses in workers’ compensation proceedings generally appear without a court order. Examples of witnesses: Examples of witnesses: A party to the case, such as the employee claiming an injury or an employer. 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 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. 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 The subpoena requires Appearance for testimony in or out of court, or Appearance for testimony in or out of court, or The production of relevant documents related to the claim, or The production of relevant documents related to the claim, or Both testimony and documents. Both testimony and documents.

5 How do I obtain and complete a subpoena? Call OAH ( ) to request the subpoena form, already signed by the Chief Administrative Law Judge. Call OAH ( ) 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 ) Fill the required information in the blanks of the form. Include the requesting party or attorney’s name, address, and phone number. (Minn. R )

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. § , Minn. R )

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 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. 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 ) 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 ) The judge will issue an order or schedule a proceeding to resolve the motion. 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. Call your attorney for advice. Contact a staff attorney at the Department of Labor and Industry or the Office of Administrative Hearings ( ). Contact a staff attorney at the Department of Labor and Industry or the Office of Administrative Hearings ( ).


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