Chapter 80. TITLE 5: OFFICE OF THE ATTORNEY GENERAL
TITLE 5: OFFICE OF THE ATTORNEY GENERAL Chapter 5-80 Criminal Investigative Subpoena Regulations Part 001 - General Provisions § 5-80-120 Witness Rights and § 5-80-001 Purpose Warnings § 5-80-005 Authority § 5-80-125 Recording § 5-80-010 Definitions Part 200 - Enforcement and Part 100 - Investigative Subpoena Oversight § 5-80-101 Scope § 5-80-201 Improper Use and § 5-80-105 Application Process Harassment Prohibited § 5-80-110 Issuance § 5-80-205 Annual Reporting § 5-80-115 Service Chapter Authority: CNMI Const. art. III, § 11,1 CMC § 2153 & 2156, 4 CMC § 5119. Chapter History: Adopted 48 Com. Reg. 53488 (Jan. 15, 2026); Proposed 47 Com. Reg. 52967 (Oct. 15, 2025). Commission Comment: The regulations proposed in the October 2025 Register and adopted in the January 2026 Register numbered the sections in manner that was not consistent with the current Northern Mariana Islands Administrative Code numbering system. Pursuant to 1 CMC § 3806, the Commission has codified these regulations in this new § 5-80 to ensure they fit harmoniously within the Northern Mariana Islands Administrative Code. Part 001 - General Provisions § 5-80-001 Purpose These regulations implement the independent, constitutional authority of the Attorney General of the Commonwealth of the Northern Mariana Islands (CNMI) to prosecute violations of criminal law, which includes the authority to investigate and evaluate each case before making a charging decision. As part of that authority to investigate, the Attorney General has inherent power to issue investigative subpoenas. These regulations establish the process for issuing and enforcing investigative subpoenas. Modified, 1 CMC § 3806(a). History: Adopted 48 Com. Reg. 53488 (Jan. 15, 2026); Proposed 47 Com. Reg. 52967 (Oct. 15, 2025). § 5-80-005 Authority These regulations are promulgated by the Attorney General under the authority granted by CNMI Const. art. III, § 11, 1 CMC § 2153 & 2156, 4 CMC § 5119 and the CNMI Administrative Procedure Act. Modified, 1 CMC § 3806(a). © 2026 by The Commonwealth Law Revision Commission (Jan. 15, 2026) Page 1 of 4
TITLE 5: OFFICE OF THE ATTORNEY GENERAL History: Adopted 48 Com. Reg. 53488 (Jan. 15, 2026); Proposed 47 Com. Reg. 52967 (Oct. 15, 2025). § 5-80-010 Definitions (a) “Attorney General” means the Attorney General of the CNMI. (b) “Subpoena” means an investigative subpoena issued before any formal criminal charge has been filed with a court. Modified, 1 CMC § 3806(a). History: Adopted 48 Com. Reg. 53488 (Jan. 15, 2026); Proposed 47 Com. Reg. 52967 (Oct. 15, 2025). Part 100 - Investigative Subpoenas § 5-80-101 Scope These procedures apply to subpoenas issued for documents, information, objects, or testimony in connection with criminal or consumer protection matters. Modified, 1 CMC § 3806(a). History: Adopted 48 Com. Reg. 53488 (Jan. 15, 2026); Proposed 47 Com. Reg. 52967 (Oct. 15, 2025). § 5-80-105 Application Process (a) Any law enforcement officer or prosecutor with the Office of Attorney General may apply for a subpoena. (b) Subpoena applications shall be reviewed by the Attorney General, appointed Special Prosecutor, or Chief of the Criminal Division. (c) An application for a subpoena duces tecum (for documents, information or objects) must include a: (1) Statement that the matter is sought by the Attorney General and is material to an ongoing criminal or consumer protection investigation; (2) Description of documents, information, objects sought; (3) Witness or Record Custodian’s identity and address; (4) Date and location of delivery; (5) Whether a copy is sufficient; and (6) Whether an affidavit of a certified domestic record of a regularly conducted activity is being attached and requested, see NMI R. Evid. 902(11). (d) An application for a subpoena ad testificandum (for testimony) must include a: (1) Statement that the witness testimony is sought by the Attorney General and is material to an ongoing criminal or consumer protection investigation; (2) Witness’ identity and address; © 2026 by The Commonwealth Law Revision Commission (Jan. 15, 2026) Page 2 of 4
TITLE 5: OFFICE OF THE ATTORNEY GENERAL (3) Date and location of testimony. Modified, 1 CMC § 3806(a). History: Adopted 48 Com. Reg. 53488 (Jan. 15, 2026); Proposed 47 Com. Reg. 52967 (Oct. 15, 2025). § 5-80-110 Issuance (a) A subpoena shall issue upon approval of an application. (b) A subpoena shall have the signature of the Attorney General, Chief Prosecutor or Special Prosecutor. (c) A subpoena must provide at least 24 hours notice, unless shortened for good cause. Modified, 1 CMC § 3806(a). History: Adopted 48 Com. Reg. 53488 (Jan. 15, 2026); Proposed 47 Com. Reg. 52967 (Oct. 15, 2025). § 5-80-115 Service (a) Any law enforcement officer, including an Attorney General Investigator, may serve a subpoena. (b) A subpoena may be served at any place within CNMI. Modified, 1 CMC § 3806(a). History: Adopted 48 Com. Reg. 53488 (Jan. 15, 2026); Proposed 47 Com. Reg. 52967 (Oct. 15, 2025). § 5-80-120 Witness Rights and Warnings (a) A witness who appears for testimony must be informed of: (1) The matter under investigation; (2) Whether they are a target of the criminal investigation or consumer protection; (3) Their right to counsel; (4) Their right against self-incrimination; and (5) That oral testimony must be taken under oath and recorded or transcribed. (b) An attorney may accompany a witness but must remain outside during questioning. (c) A witness may pause questioning to consult an attorney. (d) The witness must be given an opportunity to obtain an interpreter if needed. Modified, 1 CMC § 3806(a). History: Adopted 48 Com. Reg. 53488 (Jan. 15, 2026); Proposed 47 Com. Reg. 52967 (Oct. 15, 2025). © 2026 by The Commonwealth Law Revision Commission (Jan. 15, 2026) Page 3 of 4
TITLE 5: OFFICE OF THE ATTORNEY GENERAL § 5-80-125 Recording All oral testimony taken subject to subpoena shall be recorded or transcribed. However, a sworn, written statement is sufficient upon approval of the witness and the prosecutor. Modified, 1 CMC § 3806(a). History: Adopted 48 Com. Reg. 53488 (Jan. 15, 2026); Proposed 47 Com. Reg. 52967 (Oct. 15, 2025). Part 200 - Enforcement and Oversight § 5-80-201 Improper Use and Harassment Prohibited (a) Upon failure to comply with a subpoena, a prosecutor may seek enforcement by a motion with the superior court. (b) A witness may challenge a subpoena by filing a motion to quash with the superior court. A subpoena may not be used for purposes unrelated to the legitimate investigation. A subpoena may not be oppressive or unreasonable. Modified, 1 CMC § 3806(a). History: Adopted 48 Com. Reg. 53488 (Jan. 15, 2026); Proposed 47 Com. Reg. 52967 (Oct. 15, 2025). § 5-80-205 Annual Reporting The Criminal Division shall submit an annual summary to the Attorney General documenting: (a) Number of subpoenas issued; (b) General nature of investigations opened; (c) Number of motions to enforce; and (d) Number of motions to quash. Modified, 1 CMC § 3806(a). History: Adopted 48 Com. Reg. 53488 (Jan. 15, 2026); Proposed 47 Com. Reg. 52967 (Oct. 15, 2025). © 2026 by The Commonwealth Law Revision Commission (Jan. 15, 2026) Page 4 of 4
Source: CNMI Law Revision Commission