TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: March 23, 2012
RE: Rule 45, N.D.R.Civ.P., Subpoena
The Committee approved proposed changes to Rule 26 at the January meeting. The changes were based on procedures for the discovery of electronically stored information adopted in North Carolina.
As part of its electronic discovery amendments, North Carolina also made changes to its Rule 45. Most of its changes were based on the federal rule amendments, which North Dakota has already adopted. In addition, however, North Carolina adopted language specifying who should bear the costs when a nonparty is ordered to provide "inaccessible" electronic information. Proposed amendments to Rule 45 are attached with this additional language included.
A technical amendment is also proposed for the rule, adding the correct reference to Rule 26(b)(1)(B). The Committee approved changes related to out-of-state subpoenas at the January meeting and these changes are also shown in the draft proposal.