NDAC 98-02-02-07
Subpoenas
Cite as N.D. Admin. Code ยง 98-02-02-07
1.
Any attorney representing a party to the proceedings may issue a subpoena to require the
attendance and testimony of a witness at proceedings or a subpoena for the production of
documentary evidence.
2.
The hearing officer shall issue a subpoena to require the attendance and testimony of a
witness at proceedings or a subpoena for the production of documentary evidence only upon
the written request or motion of a party. The request or motion for a subpoena to require the
attendance and testimony of a witness at proceedings must specifically identify the witness
and state the complete address at which the witness may be served. The request or motion
for a subpoena for the production of documentary evidence must sufficiently identify or
describe the document or other object subpoenaed, must specifically identify the person who
is to produce the documentary evidence, and must state the complete address at which that
person may be served.
3.
The party requesting a subpoena is responsible for its timely service, as well as payment of all
fees, in accordance with the North Dakota Rules of Civil Procedure.
4.
The provisions of rule 45(c) and (d) of the North Dakota Rules of Civil Procedure regarding
protection of persons subject to subpoenas and duties in responding to subpoenas apply in
adjudicative proceedings except as provided in this section.
5.
A hearing officer may not impose a monetary or contempt sanction under this section.