1. Statutory Fee, Deadline & Turnaround Comparison (Ch. 47-32 Evictions & Rule 45 Subpoenas)
Summary eviction proceedings under North Dakota Century Code Chapter 47-32 and non-party discovery subpoenas under N.D.R.Civ.P. Rule 45 operate on tight statutory clocks. Because a North Dakota district court sets a summary eviction hearing within 3 to 15 days of summons issuance, waiting two weeks for a sheriff's deputy can mean missing the mandatory 3-day pre-hearing cutoff (or the 7-day cutoff for posting and mailing). Similarly, serving a deposition or trial subpoena without tendering the witness and mileage fee under N.D.C.C. § 31-01-16 renders the subpoena unenforceable upon demand.
| Document Type | ND Citation | Service Fee + Tender | Statutory Deadline | Field Protocol |
|---|---|---|---|---|
| 3-Day Notice of Intention to Evict | N.D.C.C. § 47-32-02 | $75 Std / $125 RushOrder → | 3 Full Days Before Summons | Personal/abode first; posting + mail if not found in county |
| Summary Eviction Summons | § 47-32-02 & § 47-32-04 | $125 Rush / $175 Same-DayOrder → | 3–15 Day Return (≥3 or ≥7 Days Prior) | 6:00 AM–10:00 PM window; posting + mail ≥7 days prior |
| Rule 45 Testimony Subpoena | Rule 45 & § 31-01-16 | $75–$175 + $25/day + $0.67/miOrder → | Reasonable Time Before Hearing | Personal delivery; witness + mileage check tendered |
| Hospital HIM Records Subpoena | Rule 45(b)(2) | $75 Std / $125 RushOrder → | Prior Party Notice Required | Hospital records departments such as Sanford and Essentia |
| UIDDA Foreign Subpoena | N.D.R.Ct. Rule 5.1 | $125 Rush (+ $45 Clerk Issue)Order → | 14-Day Objection Window | Issued via Clerk of District Court or ND attorney |
From apartment evictions in Fargo to foreign UIDDA subpoenas on oilfield contractors in Williston, our flat-rate tiers keep your docket on schedule.
2. Step-by-Step Procedural Execution: N.D.C.C. Ch. 47-32 Evictions, Rule 45 & UIDDA
Step 1 — 3-Day Notice of Intention to Evict & Summary Eviction Summons (N.D.C.C. § 47-32-02): For nonpayment of rent (§ 47-32-01(4)), holdover (§ 47-32-01(5)), or lease breaches (§ 47-32-01(8)), the landlord must first serve a written 3-Day Notice of Intention to Evict. Once the three days expire, the Eviction Summons is issued with a hearing set 3 to 15 days out. Personal or abode service in-county must occur at least 3 days before the hearing. Only if two diligent personal attempts on different days between 6:00 AM and 10:00 PM prove the tenant cannot be found in the county and no resident of suitable age is present may the server affix the Summons conspicuously and mail a copy at least 7 days before the hearing.
Step 2 — Rule 45 Subpoenas & N.D.C.C. § 31-01-16 Witness Fees: Under N.D.R.Civ.P. Rule 45(b)(2), prior notice must be served on all parties before serving a pre-trial records subpoena. When live attendance is commanded, N.D.C.C. § 31-01-16 requires tendering $25.00/day plus $0.67/mile round-trip travel under N.D.C.C. § 54-06-09.
Step 3 — UIDDA Domestication (N.D.R.Ct. 5.1) & Metro / Bakken Delivery: Foreign subpoenas are domesticated via the Clerk of District Court or an ND attorney under Rule 5.1 with mandatory Rule 45(c)–(d) text, then served at Sanford Fargo ROI (530 6th Ave N Ste F), Essentia Fargo HIM (3000 32nd Ave S), Sanford Bismarck ROI (1833 Bismarck Expy), ND WSI (1600 E Century Ave Ste 1), or across Williston, Watford City, and Dickinson.
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Upload Documents & Dispatch Now ($75) →3. Field Rejection & Motion-to-Quash Failure Modes in Evictions & Subpoenas
In North Dakota summary eviction litigation, the primary reason district court judges dismiss or continue an eviction is premature posting. Under N.D.C.C. § 47-32-02, conspicuous posting and mailing is valid only when the tenant cannot be found in the county after diligent search—of which the server's return is prima facie proof—AND for an Eviction Summons both posting and mailing must be completed at least 7 days before the hearing date. Under N.D.C.C. § 47-32-04, posting and mailing confers only in rem possession jurisdiction; a money judgment requires personal or abode service under Rule 4(d)(2).
For subpoenas and garnishments, three traps trigger motions to quash: (1) serving a pre-trial records subpoena before serving Rule 45(b)(2) prior notice on opposing counsel; (2) omitting a HIPAA authorization or protective order at Sanford or Essentia HIM desks; and (3) omitting the $15.00 garnishee fee required by N.D.C.C. § 32-09.1-10.
4. Court-Ready Return of Service Requirements for Evictions & Rule 45 Subpoenas
Under N.D.C.C. § 47-32-02, the process server's signed Return of Service is statutory prima facie proof that the tenant could not be found in the county. Our eviction returns document the exact dates and times of every diligent personal attempt made between 6:00 AM and 10:00 PM, confirm no resident of suitable age was present, attach GPS-stamped photographs of the conspicuous door posting, and certify the date and post office of mailing.
For subpoenas served under N.D.R.Civ.P. Rule 45(b)(4) and N.D.R.Ct. 5.1(c), our proof of service logs the date, time, and place of service, the full name and title of the witness or HIM custodian served, the dollar amount and check number of any N.D.C.C. § 31-01-16 witness/mileage fee tendered, and the server's unsworn declaration under N.D.C.C. Chapter 31-15.
5. North Dakota Eviction & Subpoena Statutory Edge-Case Q&A
- When can a process server post and mail a North Dakota Eviction Summons under N.D.C.C. § 47-32-02?
- Only after diligent personal attempts between 6:00 AM and 10:00 PM establish that the tenant cannot be found in the county and no resident of suitable age is present. Both posting and mailing must be completed at least 7 days before the eviction hearing.
- How is the North Dakota subpoena witness fee calculated under N.D.C.C. § 31-01-16?
- A witness commanded to attend a civil trial, hearing, or deposition in person is entitled to $25.00 per day plus round-trip mileage at the state employee rate ($0.67/mile under N.D.C.C. § 54-06-09). Records-only subpoenas do not require an attendance fee.
- How do we serve rotational oilfield workers in Williston, Watford City, or Dickinson?
- In Williams, McKenzie, and Stark counties, Bakken-area field servers coordinate attempts around 6:30 AM and 7:00 PM rig shift changes at crew lodges, RV parks, and commercial registered agents.