CHAPTER 293
(SCR 06-19)
In the Matter of the Amendment of SDCL 15-6-28(b)
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE AMENDMENT
OF SDCL 15-6-28(b) RULE 06-19
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A hearing was held on February 16, 2006, at Pierre, South Dakota, relating to the
amendment of SDCL 15-6-28(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 15-6-28(b) be and it is hereby amended to read in its entirety as
follows:
15-6-28(b).
Taking depositions in foreign countries.
In a foreign country, depositions may
be taken:
(1)
Pursuant to any applicable treaty or convention;
(2)
Pursuant to a letter of request (whether or not captioned a letter rogatory);
(1)(3)
On notice before a person authorized to administer oaths in the place in which the
examination is held, either by the law thereof or by the law of the United States; or
(2)(4)
Before a person commissioned by the court, and a person so commissioned shall have
the power by virtue of his the commission to administer any necessary oath and take
testimony; or
(3)
Pursuant to a letter rogatory.
A commission or a letter
rogatory of request shall be issued on application and notice and on
terms that are just and appropriate. It is not requisite to the issuance of a commission or a letter
rogatory of request that the taking of the deposition in any other manner is impracticable or
inconvenient; and both a commission and a letter
rogatory of request may be issued in proper
cases. A notice or commission may designate the person before whom the deposition is to be taken
either by name or descriptive title. A letter
rogatory of request may be addressed "To the
Appropriate Authority in (here name the country)."
When a letter of request or any other device
is used pursuant to any applicable treaty or convention, it shall be captioned in the form prescribed
by that treaty or convention. Evidence obtained in response to a letter
rogatory of request need not
be excluded merely for the reason that it is not a verbatim transcript or that the testimony was not
taken under oath or for any similar departure from the requirements for depositions taken within
the United States under this chapter.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2006.
DATED at Pierre, South Dakota, this 17th day of March 2006.