Rule 45 of the North Dakota Rules of Civil Procedure governs subpoenas, detailing how they are issued, served, and enforced in civil cases within the state. Critically, it outlines the rights and responsibilities of both the issuing party and the person or entity being subpoenaed.
Key Aspects of North Dakota Rule of Civil Procedure 45
Rule 45 is comprehensive, covering several important areas:
- Issuance of Subpoenas: Specifies who can issue a subpoena, including attorneys as officers of the court.
- Form and Content: Mandates the required information to be included in the subpoena, such as the court's name, the case title, the recipient's name, and the actions required (testimony, document production, inspection of premises).
- Service: Details the proper methods for serving a subpoena, generally requiring personal service and the tendering of fees for one day's attendance and mileage.
- Subpoena to Produce Evidence or Permit Inspection: A crucial aspect, as noted in the provided question short answer, states that a person subpoenaed to produce documents, electronically stored information (ESI), or tangible things, or to permit inspection, does not need to physically appear at the production or inspection site unless they are also commanded to appear for a deposition, hearing, or trial. This helps reduce unnecessary burdens on subpoena recipients.
- Protecting a Person Subject to a Subpoena: This section outlines steps that can be taken to avoid imposing undue burden or expense on a person subject to the subpoena. It allows for motions to quash or modify the subpoena if it requires disclosure of privileged or protected information, subjects a person to undue burden, or requires disclosing trade secrets.
- Duties in Responding to a Subpoena: Outlines responsibilities when producing documents, including organizing and labeling them to correspond with the categories in the demand. If information is withheld due to privilege, a description of the nature of the documents, communications, or tangible things that are not produced must be provided in a claim of privilege.
- Contempt: Addresses the consequences of failing to comply with a subpoena without adequate excuse, which can include being held in contempt of court.
Example of Application
Imagine a scenario where a business is subpoenaed to produce financial records in a contract dispute. Under Rule 45, the business is required to produce the records as specified in the subpoena. However, unless the subpoena also compels a representative of the business to testify at a hearing or deposition, that representative does not need to physically appear when the documents are produced. The business can simply provide the documents by the specified deadline. If the subpoena requests privileged information, the business can object under Rule 45.
Significance
Rule 45 strikes a balance between ensuring access to evidence necessary for litigation and protecting individuals and organizations from undue burdens associated with complying with subpoenas. Understanding the requirements and protections outlined in this rule is critical for both attorneys and parties involved in litigation in North Dakota.
