A North Dakota Subpoena for Rule 2004 Examination — Post 2005 Act is a legal document issued by the North Dakota courts, specifically following the enactment of the 2005 legislation, to request a person's appearance and the production of documents related to a bankruptcy case. This subpoena falls under Rule 2004 of the Federal Rules of Bankruptcy Procedure and is designed to supplement the information-gathering process during bankruptcy proceedings. A Rule 2004 Examination subpoena in North Dakota allows a party involved in a bankruptcy case, such as a creditor, debtor, or trustee, to seek additional information that may aid in the resolution of the case. It empowers the party issuing the subpoena to compel the individual or organization to appear before a court or authorized representative to answer questions and provide relevant documents under oath. The key purpose of a North Dakota Subpoena for Rule 2004 Examination — Post 2005 Act is to uncover hidden assets, understand potential fraudulent activities, collect evidence for disputes, or gather more information about the debtor's financial condition and transactions prior to bankruptcy. This type of subpoena can prove especially important in complex bankruptcy cases where further examination is needed beyond what is typically covered in routine proceedings. Different types of North Dakota Subpoena for Rule 2004 Examination — Post 2005 Act may include: 1. Individual Subpoena: This type of subpoena is issued to compel an individual involved in the bankruptcy case, such as the debtor or a witness, to testify and produce relevant documents. 2. Corporate Subpoena: This subpoena is specifically used to request a corporation or organization's appearance and document production relevant to the bankruptcy case. It may target key personnel or parties related to the debtor's financial affairs. 3. Expert Witness Subpoena: In situations where expert testimony is deemed necessary, this subpoena is utilized to summon an expert witness with specialized knowledge to provide their professional insight on specific aspects of the bankruptcy case. When issuing a North Dakota Subpoena for Rule 2004 Examination — Post 2005 Act, the requesting party must strictly adhere to the procedural requirements outlined in the bankruptcy rules. It is vital to provide specific details about the purpose of examination, the documents sought, the date, time, and place of appearance, as well as any limitations or restrictions outlined by the court. In conclusion, a North Dakota Subpoena for Rule 2004 Examination — Post 2005 Act is a powerful tool in bankruptcy proceedings to gather additional evidence and information. It enables the requesting party to delve deeper into the financial landscape and transactions of the bankruptcy case, potentially uncovering critical details important for the fair and just resolution of the matter at hand.
North Dakota Subpoena for Rule 2004 Examination - Post 2005 Act
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How to fill out North Dakota Subpoena For Rule 2004 Examination - Post 2005 Act?
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FAQ
A witness need not obey a subpoena if the witness fee and payment for mileage and travel expense are not tendered with the subpoena. The witness fee, mileage and travel expense are not required to be tendered, if the witness fee, mileage and travel expense are to be paid by the state or a political subdivision.
(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.
A court must quash or modify a subpoena if it does not allow a reasonable time to comply, requires travel of more than 100 miles, requires disclosure of privileged information, or creates an undue burden.
A command in a subpoena to produce documents, electronically stored information, or tangible things requires the responding person to permit inspection, copying, testing, or sampling of the materials. (2) Issuing Court. A subpoena must issue from the court where the action is pending.
They can object to the subpoena in writing, after which the party that issued the subpoena must ask the court to rule on whether or not the subpoena can be enforced. The third party can also go to court themselves by filing a motion for a protective order or a motion to quash the subpoena.
A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing or trial.
Federal Rule of Civil Procedure 45 does not provide a minimum time that a person has to respond to a subpoena. Largely, the timeframe is up to the issuing party. However, 30 days is generally seen as a reasonable amount of time. Of course, under certain circumstances, a shorter period of time could be allowable.
Any person who is at least 18 years old and not a party may serve a subpoena. Serving a subpoena requires delivering a copy to the named person and, if the subpoena requires that person's attendance, tendering the fees for 1 day's attendance and the mileage allowed by law.