Subpoena

(a) Content. (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 shall 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 under Rule 17(a)(1). The subpoena must state the attorney's name, office address, and the party for whom the attorney appears. (b) [Deleted]. (c) Producing Documents and Objects. (1) In General. 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 trial or before they 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. (2) Quashing or Modifying the Subpoena. On motion made promptly, the court may quash or modify the subpoena if compliance would be unreasonable or oppressive. (d) 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 defendant has requested the subpoena. (e) Place of service. (1) In North Dakota. A subpoena requiring a witness to attend a hearing or trial 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. (f) Issuing a Deposition Subpoena. (1) Issuance. An attorney for a party to the proceeding may issue a subpoena for any witness to appear or produce documentary evidence at a deposition. 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. (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 16 governs the production of a statement.