§ 28-32-33 — Adjudicative proceedings - Subpoenas - Discovery - Protective orders

North Dakota § 28-32-33

• Jurisdiction: North Dakota
• Title 28: Judicial Procedure, Civil
• Ch. 28-32: Administrative Agencies Practice Act

Text

1. In an adjudicative proceeding, discovery may be obtained in accordance with the
North Dakota Rules of Civil Procedure.
2. In any adjudicative proceeding, upon the request or motion of any party to the
proceeding or upon the hearing officer's own motion on behalf of the agency, a hearing
officer may issue subpoenas, discovery orders, and protective orders in accordance
with the North Dakota Rules of Civil Procedure. A motion to quash or modify, or any
other motion relating to subpoenas, discovery, or protective orders must be made to
the hearing officer. The hearing officer's rulings on these motions may be appealed
under section 28-32-42 after issuance of the final order by the agency. The cost of
issuing and serving a subpoena in any adjudicative proceeding must be paid by the
person or agency requesting it.
3. Any witness who is subpoenaed under the provisions of this section and who appears
at a hearing or other part of an adjudicative proceeding, or whose deposition is taken,
shall receive the same fees and mileage as a witness in a civil case in the district
court. Witness fees and mileage shall be paid by the party or agency at whose
instance the witness appears. Any hearing officer may order the payment of witness
fees or mileage by the appropriate party or agency.
4. Subpoenas, discovery orders, protective orders, and other orders issued under this
section may be enforced by applying to any judge of the district court for an order

requiring the attendance of a witness, the production of all documents and objects
described in the subpoena, or otherwise enforcing an order. Failure of a witness or
other person to comply with the order of the district court is contempt of court which is
punishable by the district court, upon application. The judge may award attorney's fees
to the prevailing party in an application under this subsection.