North Dakota Code § 44-09-17.1

Depositions may be taken
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In any impeachment trial conducted before the senate of the state of North Dakota, the 
testimony of any witness not a resident of the state of North Dakota and not amenable to 
subpoena within the state of North Dakota at the time of such trial may be taken by deposition 
upon the same notice, in the same manner and before any officer authorized to take depositions 
in civil cases in the courts of the state, upon subpoena issued by the clerk of the supreme court 
or the secretary of the senate, such subpoena must be issued upon the request of the 
prosecution or defense or the attorneys for either of them. Any such deposition when 
transcribed and certified by the officer taking the same must be by that officer filed with the 
secretary of state of the state of North Dakota, and must be held by the secretary of state, 
subject to examination by the board of managers, their attorneys, the impeached officer, and the 
impeached officer's attorneys until the time of trial when it must, upon the request of the board 
of managers, be delivered to the secretary of the senate. Any such deposition must be in such 
manner as the senate may prescribe.

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