RULE 13. SUBPOENA
(1) A subpoena must state the court's name and the title of the action, and command the witness to attend and testify at the time and place the subpoena specifies. The clerk or magistrate must issue a signed blank subpoena, or a signed blank subpoena for the production of documentary evidence or objects, to the party requesting it, and that party must fill in the blanks before the subpoena is served.
(2) The attorney for a party to any proceeding may issue a subpoena, or a subpoena for the production of documentary evidence or objects, in the court's name. A subpoena issued by an attorney has the same effect as a subpoena issued by the clerk or magistrate. The subpoena must state the attorney's name, office address, and the party for whom the attorney appears.
(b) Service. A peace officer or any nonparty who is at least 18 years old may serve a subpoena. The server must deliver a copy of the subpoena to the witness and must tender to the witness one day's witness attendance fee and the legal mileage allowance. The server need not tender the attendance fee or mileage allowance when the prosecution or an indigent party has requested the subpoena. Before the subpoena is served, a notice must be served on each party.
(c) Place of Service.
(1) In North Dakota. A subpoena requiring a witness to attend a hearing or other proceeding may be served anywhere within North Dakota.
(2) Witness Outside State. Service on a witness outside this state may be made only as provided by law.
(3) Subpoena in Out-of-State Action. N.D.R.Ct. 5.1 defines the procedure for discovery or depositions in an out-of-state action.
(d) Producing Documents and Objects. A subpoena may order the witness to produce any books, papers, documents, data, or other objects the subpoena designates. The court may direct the witness to produce the designated items in court before the adjudication or disposition or before the items are to be offered in evidence. When the items arrive, the court may permit the parties and their attorneys to inspect all or part of them.
(e) Subpoena for Deposition.
(1) Issuance. An order to take a deposition authorizes the clerk of court or a magistrate to issue a subpoena for any witness named or described in the order.
(2) Place. After considering the convenience of the witness and the parties, the court may order, and the subpoena may require, the witness to appear anywhere the court designates.
(f) Objection to Subpoena. A witness may object to a subpoena if compliance would be unreasonable or oppressive. The objection must be received before the earlier of 24 hours before the time specified for compliance or ten days after the subpoena is served. On motion, the court may quash or modify the subpoena.
(g) Contempt. Failure by any witness without adequate excuse to obey a subpoena served upon that witness may be a contempt of the court from which the subpoena issued.
(h) Information Not Subject to Subpoena. No party may subpoena a statement of a witness or of a prospective witness under this rule. Rule 12 governs the production of a statement.
Rule 13 was adopted effective March 1, 2010; March 1, 2013.
Subdivision (c) was amended, effective March 1, 2013, to direct persons to N.D.R.Ct. 5.1 for information about how to proceed with discovery in this state in an action pending in an out-of-state court. N.D.R.Ct. 5.1 outlines procedure for interstate depositions and discovery.
SOURCES: Joint Procedure Committee Minutes of January 26-27, 2012, pages 3-7; September 30, 2011, pages 12-15; April 28-29, 2011, page 25; Juvenile Policy Board Minutes of February 20, 2009; December 5, 2008; August 8, 2008; May 9, 2008; February 29, 2008; September 21, 2007; April 20, 2007.
SUPERSEDED: N.D.C.C. § 27-20-18.