CHAPTER 308
(SCR 06-34)
In the Matter of the Amendment of SDCL 15-6-37(b)
IN THE SUPREME COURT
OF THE
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE AMENDMENT
OF SDCL 15-6-37(b) RULE 06-34
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A hearing was held on February 16, 2006, at Pierre, South Dakota, relating to the
amendment of SDCL 15-6-37(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 15-6-37(b) be and it is hereby amended to read in its entirety as
follows:
15-6-37(b).
Failure to comply with order.
(1)
Sanctions by court in circuit where deposition is taken. If a deponent fails to be sworn
or to answer a question after being directed to do so by the court in the circuit in which
the deposition is being taken, the failure may be considered a contempt of that court.
(2)
Sanctions by court in which action is pending. If a party or an officer, director, or
managing agent of a party or a person designated under subdivision 15-6-30(b)(6) or
§ 15-6-31(a) to testify on behalf of a party fails to obey an order to provide or permit
discovery, including an order made under § 15-6-37(a) or 15-6-35, the court in which
the action is pending may make such orders in regard to the failure as are just, and
among others the following:
(A)
An order that the matters regarding which the order was made or any other
designated facts shall be taken to be established for the purposes of the action in
accordance with the claim of the party obtaining the order;
(B)
An order refusing to allow the disobedient party to support or oppose designated
claims or defenses, or prohibiting him that party from introducing designated
matters in evidence;
(C)
An order striking out pleadings or parts thereof, or staying further proceedings
until the order is obeyed, or dismissing the action or proceeding or any part
thereof, or rendering a judgment by default against the disobedient party;
(D)
In lieu of any of the foregoing orders or in addition thereto, an order treating as
a contempt of court the failure to obey any orders except an order to submit to a
physical or mental examination;
(E)
Where a party has failed to comply with an order under § 15-6-35(a) requiring
him that party to produce another for examination, such orders as are listed in
paragraphs (A), (B), and (C) of this subdivision, unless the party failing to
comply shows that he that party is unable to produce such person for
examination.
In lieu of any of the foregoing orders or in addition thereto, the court shall require the party
failing to obey the order or the attorney advising
him that party or both to pay the reasonable
expenses, including attorney's fees, caused by the failure, unless the court finds that the failure was
substantially justified or that other circumstances make an award of expenses unjust.
IT IS FURTHER ORDERED that this rule shall become effective July 1, 2006.
DATED at Pierre, South Dakota, this 17th day of March 2006.