N.D. Admin Code 98-02-02-07 - Subpoenas

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.

Notes

N.D. Admin Code 98-02-02-07

Effective January 1, 1992; amended effective April 1, 1998; August 1, 2004.

General Authority: NDCC 54-57-05

Law Implemented: NDCC 28-32-33