Serving a Foreign Subpoena in North Dakota: What You Need to Know

Serving a foreign subpoena in North Dakota can be a complex process, and it is essential to understand the laws and regulations that govern the process. This article will provide an overview of the legal requirements for serving a foreign subpoena in North Dakota. It will outline the process for serving a foreign subpoena, the forms and documents required, and the steps you must take to ensure the subpoena is properly served. The good news is North Dakota has adopted the Uniform Depositions and Discovery Act (UIDDA) which streamlines the process of serving a foreign subpoena. Understanding these laws and regulations is critical to ensuring a successful and timely legal process.

What is a Foreign Subpoena?

A foreign subpoena is a court order issued by a foreign government that requires a person or entity in the United States to provide evidence or testimony in connection with an investigation. Foreign governments may issue foreign subpoenas to enforce their court orders and treaties. Court order forms will vary depending on the type of foreign subpoena. To serve a foreign subpoena, an attorney must have a copy of the foreign subpoena and a court order form. The attorney will then use these documents to serve the foreign subpoena on the person or entity in the United States who has the documents or information the foreign government is requesting.

North Dakota’s Laws and Regulations for Serving a Foreign Subpoena

North Dakota law does not specifically address the process for serving a foreign subpoena. However, it is important to note that Section 5-8-01 of North Dakota Revised Statutes explicitly states that “any proceeding in any court of this state has jurisdiction of all matters civil or criminal that arise within or are pending in any other court of this state.” Accordingly, the court that receives a foreign subpoena must have jurisdiction to hear the case. That’s where the UIDDA is helpful. The UIDDA makes the process of “domesticating” a foreign subpoena so it has the proper jurisdictional authority.

The Process for Serving a Foreign Subpoena

The attorney will use the foreign subpoena to serve one copy on the person or entity in the United States who has the documents or information the foreign government is requesting. Under the UIDDA, the attorney will then take one copy of the foreign subpoena to the designated clerk of the court where the case is pending. The attorney will present the original and one copy of the foreign subpoena to the clerk. The clerk will then stamp the copy of the foreign subpoena with the court’s seal and signature. The attorney will then return the copy of the foreign subpoena to the person or entity in the United States who has the documents or information the foreign government is requesting.

Steps for Ensuring Proper Service of a Foreign Subpoena

The attorney will take one copy of the foreign subpoena and the court order form to the clerk of the court where the case is pending. The attorney will give the clerk one copy of the foreign subpoena and show the court order form to the clerk. The clerk will stamp the copy of the foreign subpoena with the court’s seal and signature, and then note the date and time on the court record. The attorney will then deliver the one copy of the foreign subpoena to the person or entity in the United States who has the documents or information the foreign government is requesting.

Conclusion

A foreign subpoena is a court order issued by another state. It can be used to require someone in another state to produce documents or to testify in court. Understanding the process for serving a foreign subpoena, and the Uniform Deposition and Discovery Act (UIDDA) is critical to ensuring a successful and timely legal process.

Helpful Resources for Domesticating a Foreign Subpoenas in North Dakota

The Global Process Server https://www.theglobalprocessserver.com/

Phone: (877) 524-3030