North Dakota Motion to Quash a Subpoena

Q: How long do I have to object to a subpoena for records in North Dakota?

Under N.D.R.Civ.P. 45(c)(2)(B), a written objection to a production or inspection subpoena must be received before the earlier of 24 hours before the time specified for compliance or ten days after the subpoena is served.

Q: Is a North Dakota written objection the same as a motion to quash?

No. The written objection under Rule 45(c)(2)(B) and the motion to quash or modify under Rule 45(c)(4) are separate steps with their own wording. Do not treat one as a substitute for the other.

Q: What is the deadline to file a motion to quash in North Dakota?

Rule 45(c)(4) says the issuing court acts on 'timely motion.' The rule states no day count for the motion.

Q: What are the grounds to quash a subpoena under North Dakota Rule 45?

The issuing court must quash or modify a subpoena that fails to allow reasonable time to comply, requires attendance beyond the limits of Rule 45(c)(3), requires disclosure of privileged or other protected matter if no exception or waiver applies, or subjects a person to undue burden. Under Rule 45(c)(4)(B), the court may also quash or modify a subpoena that requires disclosure of a trade secret or confidential commercial information, or an unretained expert's opinion.

Q: Which North Dakota court hears a motion to quash?

The issuing court hears it under Rule 45(c)(4). For a foreign subpoena issued by a clerk under N.D.R.Ct. 5.1, the application goes to the court in the county where discovery is to be conducted (N.D.R.Ct. 5.1(e)).

Q: Does North Dakota require notice to the other parties before a subpoena is served?

Yes. Under Rule 45(b)(2), notice of a deposition or demand for production must be served on each party before the subpoena is served.

Q: Can a North Dakota subpoena make me travel to another county for a deposition?

Under Rule 45(c)(3)(A), a resident may be required to attend a deposition only in the county of residence, employment or business, or at a place the court orders. A subpoena requiring attendance beyond those limits is a ground to quash.

Q: Does North Dakota require a notice on a records subpoena?

Yes. Rule 45(f) requires a notice on every records-only subpoena telling the recipient of the right to object within ten days.

Q: Can a North Dakota court sanction a party who issues an unduly burdensome subpoena?

Rule 45(c)(1) requires the issuing court to impose an appropriate sanction, which may include lost earnings and reasonable attorney's fees, on a party or attorney who fails to avoid undue burden.

Q: What if the subpoena comes from a case in another state?

N.D.R.Ct. 5.1 governs interstate depositions and discovery, and the clerk in the county where discovery is sought issues the subpoena. A motion to quash, modify or protect goes to the court in the county where discovery is to be conducted.

Records objection: received before earlier of 24 hours before compliance or 10 days after service.

Find out where you stand in North Dakota

What kind of subpoena are you dealing with?

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Introduction

N.D.R.Civ.P. 45 governs. A written objection to a records subpoena must be received before the earlier of 24 hours before the compliance time or ten days after service. A motion to quash must be timely. Obey the subpoena unless objected to or quashed.

Key Things to Know

1
A subpoena must be obeyed unless it is objected to or quashed or modified as N.D.R.Civ.P. 45 allows. Do not ignore it.
2
A written objection to a production or inspection subpoena under Rule 45(c)(2)(B) must be received before the earlier of 24 hours before the time specified for compliance or ten days after the subpoena is served.
3
A written objection and a motion to quash are separate steps. Under Rule 45(c)(4), the motion must be 'timely'; the rule states no day count for it.
4
On timely motion, the issuing court must quash or modify a subpoena that: (i) fails to allow reasonable time to comply; (ii) requires attendance beyond the location limits of Rule 45(c)(3); (iii) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or (iv) subjects a person to undue burden.
5
The court may also act where a subpoena requires disclosure of a trade secret or confidential commercial information, or an unretained expert's opinion (Rule 45(c)(4)(B)).
6
Notice of a deposition or demand for production must be served on each party before the subpoena is served (Rule 45(b)(2)). Every records-only subpoena must carry the notice required by Rule 45(f) of the right to object within ten days. A deposition of a resident is limited to the county of residence, employment or business, or a place the court orders (Rule 45(c)(3)(A)).
7
For a subpoena from another state, N.D.R.Ct. 5.1 applies and a motion to quash, modify or protect goes to the court in the county where discovery is to be conducted (N.D.R.Ct. 5.1(e)). Under Rule 45(c)(1), the issuing court must impose an appropriate sanction, which may include lost earnings and reasonable attorney's fees, on a party or attorney who fails to avoid undue burden.

Key decisions before you file

Before you file a Motion to Quash in North Dakota, a few decisions shape the document: which option to choose and what each one means. The Motion to Quash guide walks through them.

Open the Motion to Quash guide

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IN THE [NAME OF COURT] STATE OF NORTH DAKOTA

[PLAINTIFF NAME], Plaintiff,

[DEFENDANT NAME], Defendant.

Case No. [CASE NUMBER]

[MOVANT NAME]'S MOTION TO QUASH OR MODIFY SUBPOENA

Movant [MOVANT NAME] is [A NON-PARTY OR A PARTY] to this action and the person to whom a subpoena was directed. Under N.D.R.Civ.P. 45(c)(4), Movant moves the issuing court to quash or modify the subpoena described below.

THE SUBPOENA

On [DATE OF ISSUE], [NAME OF ISSUING PARTY OR ATTORNEY] issued a subpoena to Movant, served on [DATE OF SERVICE], commanding [APPEARANCE AT DEPOSITION, PRODUCTION OF DOCUMENTS, OR BOTH] on [DATE AND TIME FOR COMPLIANCE] at [PLACE OF COMPLIANCE]. A copy is attached as Exhibit A.

TIMELINESS

This motion is timely under Rule 45(c)(4). [IF APPLICABLE: Movant served a written objection to production under Rule 45(c)(2)(B) on [DATE OF OBJECTION], and it was received on [DATE RECEIVED] by [NAME OF RECIPIENT].]

GROUNDS

Movant relies on the following, each stated in the alternative:

[IF APPLICABLE: (a) The subpoena fails to allow reasonable time to comply. [FACTS].]

[IF APPLICABLE: (b) The subpoena requires attendance beyond the location limits of Rule 45(c)(3). [FACTS].]

[IF APPLICABLE: (c) The subpoena requires disclosure of privileged or other protected matter, and no exception or waiver applies. [PRIVILEGE OR PROTECTION AND FACTS].]

[IF APPLICABLE: (d) The subpoena subjects Movant to undue burden. [FACTS].]

[IF APPLICABLE: (e) Under Rule 45(c)(4)(B), the subpoena requires disclosure of a trade secret or other confidential commercial information, or of an unretained expert's opinion. [FACTS].]

RELIEF REQUESTED

Movant asks the Court to: (1) quash the subpoena; (2) in the alternative, modify the subpoena as follows: [REQUESTED MODIFICATION]; (3) [IF APPLICABLE: enter a protective order as to [RECORDS OR TESTIMONY AT ISSUE]]; (4) [IF APPLICABLE: impose an appropriate sanction under Rule 45(c)(1), which may include lost earnings and reasonable attorney's fees, on [NAME OF ISSUING PARTY OR ATTORNEY], who failed to avoid imposing undue burden on Movant]; and (5) grant any further relief the Court finds proper.

Dated: [DATE]

Respectfully submitted,

[SIGNATURE] [ATTORNEY OR MOVANT NAME] [ND ID NUMBER IF ATTORNEY] [ADDRESS] [TELEPHONE AND EMAIL]

CERTIFICATE OF SERVICE

I certify that on [DATE OF SERVICE OF MOTION], a copy of this motion was served on [NAME OF ISSUING PARTY OR ATTORNEY] and on every other party or attorney of record by [METHOD OF SERVICE].

[SIGNATURE]

North Dakota Requirements for Motion to Quash

Obey Unless Objected To or Quashed
A subpoena must be obeyed unless it is objected to or quashed or modified as N.D.R.Civ.P. 45 allows.
Written Objection Window
A written objection to a production or inspection subpoena must be received before the earlier of 24 hours before the time specified for compliance or ten days after service (Rule 45(c)(2)(B)).
Timely Motion Required
The issuing court acts on timely motion under Rule 45(c)(4); the rule states no day count, and a written objection is a separate step.
Grounds in Rule 45(c)(4)
The motion states its grounds in the alternative: unreasonable time to comply; attendance beyond Rule 45(c)(3) limits; privileged or protected matter with no exception or waiver; undue burden. Under 45(c)(4)(B) the court may also act on a trade secret or confidential commercial information, or unretained expert opinion.
Pre-Service Notice to Parties
Notice of a deposition or demand for production must be served on each party before the subpoena is served (Rule 45(b)(2)).
Deposition Location Limit
A resident may be required to attend a deposition only in the county of residence, employment or business, or a place the court orders (Rule 45(c)(3)(A)).
Foreign Subpoena Venue
A motion to quash, modify or protect against a subpoena issued under N.D.R.Ct. 5.1 goes to the court in the county where discovery is to be conducted (N.D.R.Ct. 5.1(e)).
Sanction for Undue Burden
The issuing court must impose an appropriate sanction, which may include lost earnings and reasonable attorney's fees, on a party or attorney who fails to avoid undue burden (Rule 45(c)(1)).

Frequently Asked Questions

How long do I have to object to a subpoena for records in North Dakota?

Is a North Dakota written objection the same as a motion to quash?

What is the deadline to file a motion to quash in North Dakota?

What are the grounds to quash a subpoena under North Dakota Rule 45?

Which North Dakota court hears a motion to quash?

Does North Dakota require notice to the other parties before a subpoena is served?

Can a North Dakota subpoena make me travel to another county for a deposition?

Does North Dakota require a notice on a records subpoena?

Can a North Dakota court sanction a party who issues an unduly burdensome subpoena?

What if the subpoena comes from a case in another state?

I was served with a lawsuit, not a subpoena. Where do I start?

Find out where you stand in North Dakota

Introduction

Key Things to Know

Key decisions before you file

Customize your Motion to Quash Template with DocDraft

North Dakota Requirements for Motion to Quash

Obey Unless Objected To or Quashed

Written Objection Window

Timely Motion Required

Grounds in Rule 45(c)(4)

Pre-Service Notice to Parties

Deposition Location Limit

Foreign Subpoena Venue

Sanction for Undue Burden

Frequently Asked Questions