Rule 11 Subpoena Power
Rule Text
(a) Scope. During an investigation, the Committee may issue a subpoena to compel the attendance of witnesses at a deposition and the production of documents if the information likely to be obtained from the subpoena is reasonably related to an allegation under investigation. After a complaint has been filed, prosecuting counsel and the respondent can compel by subpoena the attendance of witnesses at a deposition and the production of documents reasonably related to the complaint.
(b) Oaths. A person designated to investigate a matter under these rules may administer oaths and affirmations.
(c) Issuance. Before a complaint has been filed, the Committee may issue a subpoena permitted under Rule 11(a). After a complaint has been filed, the Superior Court, at the request of a party, issues a subpoena permitted under Rule 11(a).
(d) Enforcement. The failure to comply with a subpoena issued by the Committee will be forwarded to the Superior Court for contempt proceedings.
(e) Service. The service of a subpoena is governed by the NMI Rules of Civil Procedure.
(f) Limited Depositions.
(1) Availability. Before a complaint has been filed, the Committee may depose any person or entity. After a complaint has been filed, the respondent and prosecuting counsel may depose any person or entity relevant to the complaint. Unless good cause is shown, a committee member may not be deposed. A court finding good cause to depose a Committee member must set forth the scope of the deposition.
(2) Restrictions. The following restrictions apply after a complaint a file has been filed. Unless good cause is shown,
(1) each deposition is limited to 8 hours; (2) the prosecuting counsel and respondent are each allowed to depose prospective witnesses one time; and (3) the party who conducted the deposition must file the audio and video of the deposition with the Superior Court within 45 days from when service of the complaint on the respondent is perfected.
(g) Additional Discovery. Unless the Superior Court orders otherwise, Rule 11 presents an exhaustive list of the available means of discovery.