Uniform Interstate Depositions and Discovery Act-North Dakota

The Uniform Law Commission promulgated the Uniform Interstate Depositions and Discovery Act (UIDDA) in 2007. The goal of UIDDA is to make it more efficient and inexpensive to depose out-of-state individuals and to produce discoverable materials located out of the trial state.

Under UIDDA, litigants can present a clerk of the court located in the state where discoverable materials are sought with a subpoena issued by a court in the trial state. Once the clerk receives the foreign subpoena, the clerk will issue a subpoena for service upon the person or entity on which the original subpoena is directed. The terms of the issued subpoena must incorporate the same terms as the original subpoena and contain the contact information for all counsel of record and any party not represented by counsel.

The Act requires minimal judicial oversight and eliminates the need for obtaining a commission or local counsel in the discovery state, letters rogatory, or the filing of a miscellaneous action during the discovery phase of litigation. Discovery authorized by the subpoena must comply with the rules of the state in which the discovery occurs. In addition, motions to quash, enforce, or modify a subpoena issued pursuant to the Act shall be brought in and governed by the rules of the discovery state.

Below is the guidance on issuing an out-of-state subpoena in North Dakota.

North Dakota
Uniform Interstate Depositions and Discovery Act Adopted – 2013
Bill Number: Court Rule
N.D. R. CT. 5.1; N.D. R. CIV.P. 45(a)(b)
North Dakota Courts https://www.ndcourts.gov

RULE 5.1. INTERSTATE DEPOSITIONS AND DISCOVERY

(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.