In the Matter of the Amendment of SDCL 15-6-37(d)
IN THE MATTER OF THE AMENDMENT
OF SDCL 15-6-37(d) RULE 06-36
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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(d), 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(d) be and it is hereby amended to read in its entirety as
Failure of party to attend at own deposition or serve answers to interrogatories
or respond to request for inspection.
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 (1) to appear before the officer who is to take
his the deposition, after being served with
a proper notice, or (2) to serve answers or objections to interrogatories submitted under § 15-6-33,
after proper service of the interrogatories, or (3) to serve a written response to a request for
inspection submitted under § 15-6-34, after proper service of the request, the court in which the
action is pending on motion may make such orders in regard to the failure as are just, and among
others it may take any action authorized under subdivisions 15-6-37(b)(2)(A), (2)(B), and (2)(C).
In lieu of any order or in addition thereto, the court shall require the party failing to act or the
attorney advising him 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.