TO: Joint Procedure Committee
FROM: Mike Hagburg
DATE: Jan. 1, 2011
RE: Rule 0.0, N.D.R.Ct., Interstate Depositions and Discovery
Judge Gail Hagerty, one of North Dakota's Uniform Law Commissioners, has forwarded the new Uniform Interstate Deposition and Discovery Act to the Committee for consideration and possible adoption as a rule of court. Judge Hagerty's memo recommending adoption of the Act as a rule is attached as is the Act as adopted by the Uniform Law Conference. The official commentary is included with the Act.
Judge Hagerty says that the Act is procedural and should be adopted as a rule rather than as a statute. The Act would create a uniform procedure for parties from other states to follow when requesting a subpoena in North Dakota and would also provide a procedure for North Dakota clerks to follow when issuing subpoenas after receiving a request.
The Act does not provide procedures for North Dakota attorneys who wish to have subpoenas issued in other states. The goal is that the Act will be adopted uniformly nationwide and other states will provide a procedure similar to the one proposed for adoption in North Dakota.
If the Committee decides that adopting the proposal is appropriate, follow up work will need to be done to determine an appropriate number designation for the rule and to track down provisions in the rules that would become redundant after adoption of the uniform rule.
The rule proposal is attached.