(SCR 06-24)

In the Matter of the Amendment of SDCL 15-6-30(f)




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OF SDCL 15-6-30(f) RULE 06-24
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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(f), 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(f) be and it is hereby amended to read in its entirety as follows:

     15-6-30(f).   Certification and filing by officer--Exhibits--Copies.

             (1)      The officer shall certify on the deposition that the witness was duly sworn by him the officer and that the deposition is a true record of the testimony given by the witness. He This certificate must be in writing and accompany the record of the deposition. The officer shall then securely seal the deposition in an envelope endorsed with the title of the action and marked "Deposition of (here insert name of witness)" and shall promptly file it with the court in which the action is pending or send it by registered or certified mail to the clerk thereof for filing. The officers may, in lieu of filing a full page (8.5 . x 11 .) size deposition, file a reduced page size deposition provided that there are not more than four reduced pages on each regular size page (8.5 . x 11 .) so filed send it to the attorney who arranged for the transcript or recording, who must store it under conditions that will protect it against loss, destruction, tampering, or deterioration. Documents and things produced for inspection during the examination of the witness, shall, upon the request of a party, be marked for identification and annexed to and returned with the deposition, and may be inspected and copied by any party, except that (A) the person producing the materials may substitute copies to be marked for identification, if he affords to all parties fair opportunity to verify the copies by comparison with the originals, and (B) if the person producing the materials requests their return, the officer shall mark them, give each party an opportunity to inspect and copy them, and return them to the person producing them, and the materials may then be used in the same manner as if annexed to and returned with the deposition. Any party may move for an order that the original be annexed to and returned with the deposition to the court, pending final disposition of the case.

             (2)      Upon payment of reasonable charges therefor, the officer shall furnish a copy of the transcript or other recording of the deposition to any party or to the deponent.

             (3)      The party taking the deposition shall give prompt notice of its filing to all other parties.

    IT IS FURTHER ORDERED that this rule shall become effective July 1, 2006.

    DATED at Pierre, South Dakota, this 17th day of March 2006.