To domesticate a subpoena in North Dakota, where the Uniform Interstate Depositions and Discovery Act is a court rule, it is submitted to the clerk in the county where discovery occurs, who issues it; the rule requires no local attorney. Served 123 LLC prepares the request and serves it.
What to Send Us
Special Instructions can take the county and counsel.
Every North Dakota Order Includes
Skip tracing is available if the address turns out to be bad.
Every North Dakota County
Served 123 LLC works with the clerk in each of North Dakota’s 53 counties, and the clerk’s fee is in your quote. Not sure of the county? The county finder works from the witness’s town.
Documents Subpoena
For records alone, the clerk where the records sit issues it. Whoever holds them need not come in person unless the subpoena also commands it, and each party gets notice before it is served. Mention it on the form, with the records you need.
North Dakota Subpoena Domestication Order
Our quote covers document preparation, the clerk’s fee and service if ordered.
Only a North Dakota clerk can issue the subpoena for an out-of-state case, and party notice comes before service. Here is who does what.
We prepare the North Dakota subpoena to incorporate the foreign terms and list every counsel of record and unrepresented party.
The clerk of court in the county of discovery issues it under that court’s procedure, and we handle that step with the clerk’s office.
The party seeking discovery serves the deposition or production notice on each party, and we time service after it.
Our server, of legal age and not a party, delivers it when you order service, and we advance any tender owed on your quote.
Our server signs a declaration of service stating the date, time, place and manner, and we handle getting it back to you.
Rule 45(c)(2)(B): “The objection must be received before the earlier of 24 hours before the time specified for compliance or ten days after the subpoena is served.” Enter the service date and this counts the 10 days the way Rule 6(a)(1) does.
If 24 hours before the compliance time comes first, it controls.
A planning aid, not legal advice: it cannot know a holiday the President or the governor appoints, an earlier compliance date in the subpoena, or a court order setting another time.
These are the words of Rule 5.1, North Dakota’s form of the uniform act (UIDDA), on where the foreign subpoena goes, who issues the North Dakota subpoena, what it holds and where a motion goes, with the court system’s own guide on who may issue it.
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.
When a party submits a foreign subpoena to a clerk of court in this state, the clerk, in accordance with that court’s procedure, will promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.
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.
Served 123 LLC prepares each item Rule 5.1(b)(3) lists before the North Dakota subpoena goes out.
Get a Free Quote Online →Only a North Dakota Clerk of Court can issue a subpoena for an out-of-state court case under Rule 5.1 of the North Dakota Rules of Court. Parties in an out-of-state court case and lawyers representing the parties aren’t allowed to issue a subpoena.
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.
Current texts: Rule 5.1 as amended March 1, 2025; Rule 45 as amended May 5, 2021; the court fee schedule effective July 1, 2025.
Official texts: N.D.R.Ct. 5.1, N.D.R.Civ.P. 4, Rule 6, Rule 30, Rule 45, N.D.R.Ev. 902, N.D. Const. art. VI, N.D.C.C. ch. 1-03, ch. 27-05.2, ch. 31-01, ch. 54-06, 45 C.F.R. 164.512. General information, not legal advice. The official text controls.
Send us the foreign subpoena and we handle the clerk step with the discovery county.
Get a Free Quote Online →Once issued, the North Dakota subpoena in a civil case is served under Rule 45(b), as Rule 5.1(c) requires. For a summons or other court papers, see process service in North Dakota.
Rule 5.1(c) reads: “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).” In a civil case, Rule 45(b)(1)(A) says “A subpoena to a named person must be served under Rule 4(d). A subpoena may be served at any place within the state.” Rule 4(d)(1) allows service “(A) within the state by any person of legal age and not a party to nor interested in the action;” Our server meets each condition.
Rule 5.1(c), N.D.R.Civ.P. 45(b)(1)(A), N.D.R.Civ.P. 4(d)(1)(A)“If the subpoena commands a person to attend, give testimony and produce documents, electronically stored information or tangible things at a pretrial deposition, then before the subpoena is served, a notice to take a deposition must be served on each party.” “If a deposition notice has not been served, and if the subpoena commands the production of documents, electronically stored information, or tangible things or the inspection of premises before trial, then before it is served, a notice of demand for production or inspection must be served on each party.”
N.D.R.Civ.P. 45(b)(2)Rule 4(d)(2)(A) lists five routes for an individual 14 or older: “(i) delivering a copy of the summons to the individual personally; (ii) leaving a copy of the summons at the individual’s dwelling or usual place of residence in the presence of a person of suitable age and discretion who resides there;” “(iii) delivering, at the office of the process server, a copy of the summons to the individual’s spouse if the spouses reside together; (iv) delivering a copy of the summons to the individual’s agent authorized by appointment or by law to receive service of process;” or “(v) any form of mail or third-party commercial delivery addressed to the individual to be served and requiring a signed receipt and resulting in delivery to that individual.”
N.D.R.Civ.P. 4(d)(2)(A)Rule 4(d)(2)(D) route (i) is “delivering a copy of the summons to an officer, director, superintendent or managing or general agent, or partner, or associate, or to an agent authorized by appointment or by law to receive service of process on its behalf, or to one who acted as an agent for the defendant with respect to the matter on which the plaintiff’s claim is based and who was an agent of the defendant at the time of service;” Route (ii), “if the sheriff’s return indicates no person upon whom service may be made can be found in the county”, leaves a copy “with the person in charge of the office”. Route (iii) is “any form of mail or third-party commercial delivery addressed to any of the foregoing persons and requiring a signed receipt and resulting in delivery to that person.”
N.D.R.Civ.P. 4(d)(2)(D)Rule 45(b)(1)(B): “If the subpoena requires the person’s attendance, fees for one day’s attendance, mileage and travel expense allowed by law must be tendered. If fees, mileage and travel expense are not tendered with the subpoena, the person need not obey the subpoena. Fees, mileage and travel expense need not be tendered if they are to be paid by the state or a political subdivision.” We advance any tender owed, on your quote.
N.D.R.Civ.P. 45(b)(1)(B)Rule 45(c)(3) sets the place by residence. “A subpoena may require a resident of this state to attend a deposition only in the county where the person resides, is employed or transacts business in person, or at a convenient place ordered by the issuing court.” “A resident may be required to attend a hearing or trial any place within this state.” “A subpoena may require a nonresident of this state who is served with a subpoena within this state to attend a deposition ,hearing or trial in any county of this state.”
N.D.R.Civ.P. 45(c)(3)(A)–(B)Section 31-01-16 allows “A sum of twenty-five dollars for each day necessarily in attendance before the district court or before any other board or tribunal, except municipal court.” and “A sum for mileage and travel expense reimbursement equal to the reimbursement rates provided for state employees in sections 44-08-04 and 54-06-09.” The section names the district court and other boards or tribunals, not a deposition by name, so check the deposition tender and the current mileage rate before the subpoena is served.
N.D.C.C. § 31-01-16Rule 4(i) sets the proof: “(1) if served by the sheriff or other officer, by the officer’s certificate of service; (2) if served by any other person, by the server’s declaration of service;” It “must state the date, time, place, and manner of service.” Rule 4(j)(2) adds that “the declaration of service must also state that: (A) the server is of legal age and not a party to the action nor interested in the action, and (B) the server knew the person served to be the person named in the papers served and the person intended to be served.” Our server’s declaration comes back to you for your file.
N.D.R.Civ.P. 4(i)–(j)Rule 45(c)(2)(B) sets the clock: “The objection must be received before the earlier of 24 hours before the time specified for compliance or ten days after the subpoena is served.” The Rule 45(f) notice tells the witness: “If you make a timely objection, you do not need to comply with this subpoena unless the court orders otherwise.” Then “At any time, on notice to the commanded person, the serving party may move the issuing court for an order compelling production or inspection.”
N.D.R.Civ.P. 45(c)(2)(B), (f)Rule 5.1(e): an application “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.” Under Rule 45(c)(4)(A), “On timely motion, the issuing court must quash or modify a subpoena that: (i) fails to allow a reasonable time to comply;” “(ii) requires attendance beyond the location requirements of Rule 45 (c)(3); (iii) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or (iv) subjects a person to undue burden.”
Rule 5.1(e), N.D.R.Civ.P. 45(c)(4)(A)Order service with the domestication and one server carries it from the clerk’s subpoena to the signed declaration.
Get a Free Quote Online →A documents subpoena takes the same clerk route, in the county where the records are. Neither Rule 5.1 nor Rule 45 sets a patient-notice step for health care records; check federal privacy rules and N.D.R.Ev. 503 before a medical subpoena goes out.
A records witness “need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing or trial.”
N.D.R.Civ.P. 45(c)(2)(A)“A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary course of business or must organize and label them to correspond to the categories in the demand.”
N.D.R.Civ.P. 45(d)(1)(A)The Rule 45(f) notice on a production-only subpoena tells the witness: “You may object to this subpoena by sending or delivering a written objection, stating your valid reason,” to the party seeking production, and “Any objection must be received within ten days after you receive the subpoena.”
N.D.R.Civ.P. 45(a)(1)(A)(iii), (f)Rule 902(11) makes self-authenticating “The original or a copy of a domestic record that meets the requirements of Rule 803(6)(A)-(C), as shown by a certification of the custodian or another qualified person in the form of an affidavit made under penalty of perjury.”
N.D.R.Ev. 902(11)A health-care provider may release records under 45 C.F.R. 164.512(e)(1)(i) “In response to an order of a court or administrative tribunal, provided that the covered entity discloses only the protected health information expressly authorized by such order”.
45 C.F.R. 164.512(e)(1)(i)Paragraph (e)(1)(ii) covers a release “In response to a subpoena, discovery request, or other lawful process, that is not accompanied by an order of a court or administrative tribunal”, and the provider then needs one of the assurances the paragraph lists.
45 C.F.R. 164.512(e)(1)(ii)Tell us early if the records are medical, so the dates leave room for any added step.
Get a Free Quote Online →Each of these points comes from North Dakota’s rules, statutes and court guides.
Before service, we check the subpoena we prepare and the service plan against the rule and raise anything that needs your input. A motion comes later; we tell you which county’s court hears it.
Search or pick the county where the discovery will be conducted to see which clerk’s office issues the subpoena there, then start a quote; the directory below lists all 53 counties.
The North Dakota Court Locations lists each office under its county.
How Minnesota, Montana and South Dakota treat a foreign subpoena beside North Dakota’s Rule 5.1: the governing law, whether it requires a local attorney and who issues the subpoena, each from that state’s own text. “No” rests on North Dakota’s rule text alone; “Check” means confirm that state’s filing rules for an out-of-state requester.
| State | Act Adopted | Local Attorney Required by the Act | Who Issues |
|---|---|---|---|
| North Dakota | N.D.R.Ct. 5.1 (eff. March 1, 2013) | No | Clerk of court, discovery county |
| Minnesota | Minn. R. Civ. P. 45.06 (eff. July 1, 2015) | Check | Court administrator, discovery county, or a Minnesota attorney |
| Montana | M. R. Civ. P. 28(c) (eff. Oct. 1, 2011) | Check | Clerk of court, discovery county |
| South Dakota | SDCL 15-6-28.1 to 15-6-28.6 (eff. July 1, 2012) | Check | Clerk of court, discovery county |
Short answers on filing, service, witnesses and cost in North Dakota. For the wider picture, see our Subpoena Domestication FAQ. General information, not legal advice.
Yes, as a court rule rather than a statute. The North Dakota Supreme Court adopted Rule 5.1 effective March 1, 2013. Its note says the rule is derived from the Uniform Interstate Depositions and Discovery Act, and the note directs that reading it give weight to uniformity with the other states that enact it. See North Dakota UIDDA: The Requirements of Rule 5.1.
Not for a case pending in another state. The court system’s guide reserves that to a North Dakota Clerk of Court and bars parties and their lawyers from issuing one. So every out-of-state request runs through a North Dakota clerk under Rule 5.1, whoever represents the party. See The North Dakota Route.
No. Rule 5.1(b)(1) sends it to the county where the discovery happens, which may not be the witness’s home. For a deposition, that is where it will be taken; for records, where they are kept; for an inspection, where the premises lie. Each county’s clerk and address are in the county finder.
No. Neither the Self Help Center nor the court system has a form for this step, the Center’s guide says. The fee schedule’s twenty-dollar subpoena line and the foreign subpoena are the floor; past that, county procedure decides whether the clerk may require a completed, unsigned North Dakota subpoena to sign or issues a signed blank for the requesting party to complete. See Common Traps in North Dakota.
No. Asking a North Dakota clerk for the subpoena is not an appearance in that state’s courts, by the terms of Rule 5.1(b)(1), for the party or its lawyer. The shield covers only that step: the court’s guide warns that asking a court to enforce the subpoena may count as appearing, so weigh any later motion on its own. See the text of Rule 5.1.
Yes, if the tribal court is a court of record. Rule 5.1(a)(4) counts a federally recognized Indian tribe as a state, so a subpoena from its court is a foreign subpoena like one from any other state. The same definition takes in the District of Columbia, Puerto Rico and the territories. See the definitions in Rule 5.1.
No. Under Rule 4(d)(1), any person of legal age who is not a party and has no interest in the action may serve it; a sheriff is one option, not a requirement. Our server meets each condition and handles the delivery. See Legal Age, Not a Party.
Yes, for an individual. Under Rule 4(d)(2)(A)(v), it may go by a mail or commercial delivery method addressed to that person that requires a signed receipt and actually results in delivery to the person named. Personal delivery, leaving it at the home with a suitable resident, and the other listed routes stay available. See Five Routes for a Person.
Only someone Rule 4(d)(2)(D) names, not whoever answers the door. The list runs from officers, directors and managing agents to an agent authorized to receive service or one who acted as an agent on the matter in suit; an office’s person in charge qualifies only after a sheriff’s return finds no one, and a signed-receipt delivery to a listed person also works. See Officers, Agents and Partners.
Under Rule 4(i), a private server signs a declaration of service; a sheriff or other officer uses an officer’s certificate instead. The declaration gives when, where and how the papers were delivered and confirms the server’s age, non-party status and knowledge of who was served. We send you the signed declaration for your file. See The Server’s Declaration.
Written notice to each other side in the home case comes first: a deposition notice for testimony, or a notice of demand when the subpoena seeks production or an inspection, sent under Rule 5(b). For a deposition, Rule 30 asks for reasonable written notice to every other party.
The witness is served only after that step, so build it into the schedule. See Every Party, Before Service.
At the earlier of 24 hours before compliance or ten days after service, and the written objection has to reach the serving side by then, not just be mailed, under Rule 45(c)(2)(B). The calculator above counts the ten days for you from the service date. See Received Within Ten Days.
No. The North Dakota court for the county where the discovery is to be conducted hears it under Rule 5.1(e), applying North Dakota’s own rules and statutes, not the court where the case is pending. An entity bringing that motion cannot be represented there by a non-lawyer. See In the County of Discovery.
Only in the county where the person lives, works or does business in person, or at a convenient place the court orders, under Rule 45(c)(3)(A). A hearing or trial is different: a resident can be called to one anywhere in the state, and a nonresident served inside North Dakota can be required to sit for a deposition in any county. See By County of Residence.
Not when the subpoena seeks records alone. Under Rule 45(c)(2)(A), the custodian appears in person only if it also commands attendance at a deposition, hearing or trial. Otherwise the records answer the subpoena on their own, as kept in the usual course of business or sorted and labeled to the categories demanded. See Unless Also Commanded.
Under Rule 45(b)(1)(B), when the subpoena requires attendance and the day’s fee, mileage and travel are not tendered with it, the witness need not obey. The court’s civil subpoena guide says the same in plain words. No tender is owed when the state or a political subdivision pays, and none is owed for a records-only subpoena. See what goes with the subpoena.
Twenty-five dollars a day, plus mileage. The statute pays that for attendance before the district court or another board or tribunal, with travel at state-employee rates. A deposition is not on that list, so counsel should check what a deposition witness is owed, and which mileage rate applies, before service. See A Daily Sum Plus Mileage.
Not necessarily. The court’s guide puts twenty dollars on its list of what a party must submit at minimum, which matches the fee schedule’s line for preparing and issuing a subpoena. Whether a county adds any other charge is a question for that clerk. Your quote names one total for the work, with that county’s charge folded in. See Common Traps in North Dakota.
Rule 5.1 says the clerk will promptly issue it, following that court’s procedure, and sets no number of days. Timing turns on the county’s practice and on whether the clerk signs a completed draft or a blank. A draft that already lists every counsel of record and unrepresented party, as Rule 5.1(b)(3) requires, is ready for the clerk to sign. See how the clerk issues it.
One written quote covers document preparation, the clerk’s fee and service, when you order service.
Questions? Call (800) 321-2377
Nearby States: Minnesota · Montana · South Dakota
