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Effective Date: 3/1/2013

(a) Definitions.

(1) "Foreign jurisdiction" means a state other than this state.
(2) "Foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdiction.
(3) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.
(4) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.
(5) "Subpoena" means a document, however denominated, issued under authority of a court of record requiring a person to:
(A) attend and give testimony at a deposition;
(B) produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or
(C) permit inspection of premises under the control of the person.

(b) Issuance of Subpoena.

(1) To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a clerk of court in the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under this rule does not constitute an appearance in the courts of this state.
(2) When a party submits a foreign subpoena to a clerk of court in this state, the clerk, in accordance with that court's procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.
(3) A subpoena under Rule 5.1 (b)(2) must:
(A) incorporate the terms used in the foreign subpoena; and
(B) contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.

(c) Service of Subpoena. Depending on the type of case involved, a subpoena issued by a clerk of court under Rule 5.1 (b) must be served in compliance with N.D.R.Civ.P. 45(b), N.D.R.Crim.P. 17(d), or N.D.R.Juv.P. 13(b).

(d) Deposition, Production and Inspection. Depending on the type of case involved, the discovery rules contained in the North Dakota Rules of Civil Procedure, Criminal Procedure or Juvenile Procedure apply to subpoenas issued under Rule 5.1 (b).

(e) Application to Court. An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under Rule 5.1 (b) must comply with the rules or statutes of this state and be submitted to the court in the county in which discovery is to be conducted.

Rule 5.1 was adopted, effective March 1, 2013.

This rule is derived from the Uniform Interstate Depositions and Discovery Act. In applying and construing this rule, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Reference to the uniform act and its commentary is appropriate when applying and construing this rule.

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.

Cross Reference: N.D.R.Civ.P. 45 (Subpoena): N.D.R.Crim.P. 17(Subpoena); N.D.R.Juv.P. 13 (Subpoena).

Effective Date Obsolete Date
03/01/2013 View