North Dakota Subpoena Duces Tecum

State:
Multi-State
Control #:
US-00861
Format:
Word; 
Rich Text
Instant download

Description

This is a Subpoena Duces Tecum. This form is used when asking for someone to bring documents needed in a particular case, to a certain location at a certain time. This form may be used in all states.
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FAQ

A subpoena is a court order telling an individual to appear in court in person and testify. Similarly, a subpoena duces tecum is an order for a witness to bring something to court ? such as documents, a child, or evidence. This is true in both state and federal courts.

? Section 1 of Rule 45 requires that petitions for review be filed and the required fees paid within the prescribed period. Unless exempted by law or rule, such fees must be fully paid in ance with this Circular; otherwise, the Court may deny the petition outright.

Rule 64(a) reads as follows: At the commencement of and throughout an action, every remedy is available that, under the law of the state where the court is located, provides for seizing a person or property to secure satisfaction of the potential judgment. But a federal statute governs to the extent it applies.

(a) Form; Issuance. (1) Every subpoena shall. (A) state the name of the court from which it is issued; and. (B) state the title of the action, the name of the court in which it is pending, and its civil action number; and.

The distinctions between Rule 45 and 65 are far and wide, the most notable of which is that errors of jurisdiction are best reviewed in a special civil action for certiorari under Rule 65, while errors of judgment are correctible only by appeal in a petition for review under Rule 45.

Any person who commits criminal contempt may be punished for that contempt after prosecution on notice.

The Clerk of Court charges a $10.00 fee for issuing a subpoena in a civil case. Who Can Request A Subpoena From The Clerk Of Court? A party to a civil case can request that the Clerk of Court of the North Dakota county where the civil case is filed issue a subpoena.

(4) Acquisition of Jurisdiction. A court of this state may acquire personal jurisdiction over any person through service of process as provided in this rule or by statute, or by voluntary general appearance in an action by any person either personally or through an attorney or any other authorized person.

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North Dakota Subpoena Duces Tecum