Subpoena Service & Witness Fee Rules in North Dakota (N.D.R.Civ.P. Rule 45 & N.D.C.C. § 31-01-16)

Rule 45 of the North Dakota Rules of Civil Procedure governs the issuance, service, and enforcement of subpoenas in civil litigation. An attorney licensed to practice in North Dakota (as an officer of the court) or the clerk of court may issue and sign a subpoena commanding a person to attend and testify at a trial, hearing, or deposition, or to produce designated documents, electronically stored information (ESI), or tangible things (a Subpoena Duces Tecum).

Under N.D.R.Civ.P. Rule 45(b)(1), a subpoena may be served at any place within the State of North Dakota by any person who is of legal age (18 or older) and not a party to the action. Service is accomplished in the manner provided by Rule 4(d) for the service of a summons—primarily by personal hand-delivery to the named witness or designated corporate/institutional records custodian.

Critical Notice Before Service (Rule 45(b)(2)): If a subpoena commands the production of documents, electronically stored information, or tangible things, or the inspection of premises BEFORE trial, then a notice and a copy of the subpoena must be served on each party to the lawsuit before the subpoena is served on the non-party witness.

One of the most frequent procedural mistakes made by out-of-state counsel serving subpoenas in North Dakota is miscalculating or omitting the statutory witness fee. Under North Dakota Century Code § 31-01-16, a witness in a civil action or proceeding is entitled to receive:

• $25.00 for each day's attendance before a district court, administrative tribunal, or deposition officer; AND

• Mileage for each mile actually and necessarily traveled by the shortest practical route in going to and returning from the place of attendance, paid at the standard state employee mileage reimbursement rate set under N.D.C.C. § 54-06-09.

Under N.D.R.Civ.P. Rule 45(b)(1), 'If the person's attendance is commanded, fees for one day's attendance and mileage as allowed by law must be tendered to the person upon demand.' Because any savvy witness or opposing counsel will demand the fee at the moment of service, best practice in North Dakota is to attach a witness fee check (covering $25.00 plus estimated round-trip mileage) directly to the subpoena so our process server can tender it unconditionally at the doorstep and record the check number and dollar amount on the Return of Service. By contrast, if a Subpoena Duces Tecum commands only the production of business or medical records without requiring a custodian to appear in person, no attendance or mileage fee is required.

In personal injury, workers' compensation, and medical malpractice litigation across North Dakota, the highest-volume subpoena recipients are Sanford Health and Essentia Health. Each healthcare network routes subpoenas through specialized Health Information Management (HIM) / Release of Information (ROI) offices:

• Sanford Medical Center Fargo — Release of Information: 530 6th Avenue North, Suite F, Fargo, ND 58102 (Phone: 701-234-2366).

• Essentia Health Fargo — Health Information Management: 3000 32nd Avenue South, Fargo, ND 58103 (Phone: 701-364-8000).

• Sanford Medical Center Bismarck — HIM / Release of Information: 300 North 7th Street (ROI office: 1833 Bismarck Expressway), Bismarck, ND 58501 (Phone: 701-323-6161).

When serving patient medical records subpoenas in North Dakota, federal HIPAA regulations (45 C.F.R. § 164.512(e)) and North Dakota health privacy rules require that the subpoena be accompanied by a valid, signed HIPAA patient authorization or a court-issued Qualified Protective Order. Our Fargo and Bismarck process servers verify that your authorization or protective order is attached before presenting the subpoena to the HIM intake desk.