In the Matter of the Amendment of SDCL 15-6-30(b)
IN THE SUPREME COURT
STATE OF SOUTH DAKOTA
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IN THE MATTER OF THE AMENDMENT
OF SDCL 15-6-30(b) RULE 06-21
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A hearing was held on February 16, 2006, at Pierre, South Dakota, relating to the
amendment of SDCL 15-6-30(b), and the Court having considered the proposed amendment, the
correspondence and oral presentations relating thereto and being fully advised in the premises,
now, therefore, it is
ORDERED that SDCL 15-6-30(b) be and it is hereby amended to read in its entirety as
Notice of examination--General requirements--Special notice--
Nonstenographic recording--Production of documents and things--Deposition of organization.
A party desiring to take the deposition of any person upon oral examination shall give reasonable
notice in writing to every other party to the action. The notice shall state the time and place for
taking the deposition and the name and address of each person to be examined, if known, and, if
the name is not known, a general description sufficient to identify
him the person or the particular
class or group to which he the person belongs. If a subpoena duces tecum is to be served on the
person to be examined, the designation of the materials to be produced as set forth in the subpoena
shall be attached to or included in the notice.
(2) Leave of court is not required for the taking of a deposition by plaintiff if the notice (A)
states that the person to be examined is about to go out of the state, or is about to go out of the
United States, or is bound on a voyage to sea, and will be unavailable for examination unless his
deposition is taken before expiration of the thirty-day period, and (B) sets forth facts to support the
statement. The plaintiff's attorney shall sign the notice, and
his the attorney's
a certification by
him the attorney
that to the best of
his the attorney's
knowledge, information and
belief the statement and supporting facts are true.
If a party shows that when
he was served with the service of
notice was made
he that the party
was unable through the exercise of diligence to obtain counsel to
him the party
at the taking of the deposition, the deposition may not be used against
(3) The court may for cause shown enlarge or shorten the time for taking the deposition.
(4) The party taking the deposition shall state in the notice the method by which the testimony
shall be recorded. Unless the Court orders otherwise, it may be recorded
. Unless the Court orders
otherwise, it may be recorded
by sound, sound-and-visual, or stenographic means, and the party
taking the deposition shall bear the costs for the recording. Any party may arrange for a
transcription to be made from the recording of a deposition taken by non-stenographic means. With
prior notice to the deponent and other parties, any party may designate another method to record
the deponent's testimony in addition to the method specified by the person taking the deposition.
The additional record or transcript shall be made at that party's expense unless the Court otherwise
orders. If the deposition is recorded other than stenographically, the officer shall state at the
beginning of the recorded tape or other recording medium (A) the officer's name and business
address; (B) the date, time, and place of the deposition; (C) the name of the deponent; (D) the
administration of the oath or affirmation to the deponent; and (E) an identification of all persons
present. The officer shall repeat items (A) through (C) at the beginning of each unit of recorded
tape or other recording medium. The appearance or demeanor of deponents or attorneys shall not
be distorted through camera or sound-recording techniques.
(5) The notice to a party deponent may be accompanied by a request made in compliance with
§ 15-6-34 for the production of documents and tangible things at the taking of the deposition. The
procedure of § 15-6-34 shall apply to the request.
(6) A party may in
notice and in a subpoena name as the deponent a public or private
corporation or a partnership or association or governmental agency and describe with reasonable
particularity the matters on which examination is requested. In that event, the organization so
named shall designate one or more officers, directors, or managing agents, or other persons who
consent to testify on its behalf, and may set forth, for each person designated, the matters on which
he the person
will testify. A subpoena shall advise a nonparty organization of its duty to make such
a designation. The persons so designated shall testify as to matters known or reasonably available
to the organization. This subdivision does not preclude taking a deposition by any other procedure
authorized in these rules.
(7) The parties may stipulate in writing or the court may upon motion order that a deposition
be taken by telephone or other remote electronic means
. For the purposes of this subsection and
§§ 15-6-28(a), 15-6-37(a)(1), 15-6-37(b)(1) and 15-6-45(d), a deposition taken by
is taken in the jurisdiction and at the place where the deponent is to answer questions
propounded to him
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2006.
DATED at Pierre, South Dakota, this 17th day of March 2006.