To domesticate an out-of-state subpoena in North Dakota, attorneys must prepare a North Dakota subpoena form mirroring the original out-of-state subpoena and file it with the clerk of the district court where discovery is sought. The clerk issues a state-compliant subpoena for service, which must include all counsel’s contact information and discovery details, as required by Rule 5.1.
Countrywide Process
October 23, 2025
Under Rule 5.1 of the North Dakota Rules of Court, domesticating a foreign subpoena enables an out-of-state litigant to legally compel discovery—such as depositions, document production, or inspection—from a witness or entity located in North Dakota. The process ensures enforceability and compliance with state procedural rules.
Unlike older multi-step procedures, Rule 5.1 modernizes the process to align with the Uniform Interstate Depositions and Discovery Act (UIDDA)—allowing out-of-state subpoenas to be efficiently re-issued through the clerk’s office without requiring a motion or judicial appearance
The attorney must first complete a North Dakota subpoena form that mirrors the terms of the original foreign subpoena.
The subpoena must include:
Next, present both the completed North Dakota subpoena form and the foreign subpoena to the clerk of the district court in the North Dakota county where discovery will take place.
Once issued, the subpoena must be served in accordance with North Dakota procedural rules:
There is no flat statewide issuance fee specified under Rule 5.1. Each county clerk sets its own standard filing fee—typically minimal and comparable to local civil filing costs.
Key practical notes for attorneys:
As a premier subpoena domestication company, Countrywide Process streamlines every stage of out-of-state subpoena handling for law firms and corporate clients.
We provide the North Dakota subpoena form, assist with proper preparation by ensuring the correct discovery terms are incorporated, and file it with the proper district court.
We advance all applicable fees, coordinate issuance with the clerk, and ensure timely, compliant service through our vetted network of professional North Dakota process servers.
Our system offers real-time tracking, confirmation of filing, and digital proof of service – ensuring compliance under Rule 5.1 and N.D.R.Civ.P. 45(b).
With decades of experience, we manage every UIDDA and non-UIDDA jurisdiction nationwide, giving attorneys full visibility and assurance that every subpoena is filed, issued, and served correctly the first time.
Let Countrywide Process handle your North Dakota subpoena domestication—from providing the proper document to final proof of service.
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Rule 5.1 of the North Dakota Rules of Court governs the domestication of out-of-state subpoenas for discovery in North Dakota
Attorneys must complete a North Dakota subpoena form incorporating the same terms as the foreign subpoena, including counsel contact details and discovery specifics.
Submit both the completed North Dakota subpoena and the foreign subpoena to the clerk of the district court in the county where discovery is sought.
No. Rule 5.1(b)(1) states that submitting a subpoena request does not constitute an appearance in North Dakota courts.
The clerk of the district court in the county where discovery is sought issues the subpoena by signing and sealing it.
It must be served according to the North Dakota Rules of Civil, Criminal, or Juvenile Procedure, depending on the case type.
There is no fixed statewide issuance fee; standard county clerk filing fees apply and are typically minimal.
Countrywide Process provides the correct North Dakota subpoena form, files it with the proper court, advances any fees, and ensures proper service.
Motions to enforce, quash, or modify must be filed in the North Dakota court that issued the subpoena.
Countrywide Process is the nation’s premier subpoena domestication company, providing attorney-ready forms, coordinated filings, advanced fee handling, and vetted process servers for complete UIDDA compliance.
