SUPREME COURT RULES AND ORDERS
IN THE SUPREME COURT
STATE OF SOUTH DAKOTA
* * * *
IN THE MATTER OF THE AMENDMENT OF SDCL 15–6–45(a)
A hearing was held on February 17, 2021, at Pierre, South Dakota, relating to the amendment of SDCL 15–6–45(a), and the Court having considered the proposed amendment, oral presentation relating thereto and being fully advised in the premises, now, therefore, it is
ORDERED that SDCL 15–6–45(a) be and it is hereby amended to read in its entirety as follows:
SDCL 15-6-45(a). Subpoena for attendance of witnesses and for production of documentary evidence--Form--Issuance.
Clerks of courts, judges, magistrates, notaries public, referees, and any other public officer or agency so empowered by § 1-26-19.1 or otherwise authorized by law in any matter pending before them, upon application of any person having a cause or any matter pending in court or before such agency, officer or tribunal, may issue a subpoena for a witness or witnesses, or for the production of books, papers, documents or tangible things designated therein pursuant to the provisions of § 15-6-45(b).
Any attorney of record who has
been duly admitted to practice in this state and is in good standing
upon the active list of attorneys of the State Bar of South Dakota
may issue a subpoena for a witness or witnesses, and for production,
inspection and copying of records and exhibits, in any action or
proceeding, or collateral hearing, civil or criminal, in which
is the attorney of record for any party. When an attorney issues a
subpoena, he the
transmit a copy thereof to the clerk of the court, or to the
secretary or other filing officer of the board or tribunal in which
the matter is pending, for filing. Such officer shall file such copy
as one of the public records of the action or proceeding.
A subpoena shall state the name
of the court, or tribunal, the title of the action or proceeding, and
shall command each person to whom it is directed to attend and give
testimony at a time and place therein specified. It shall state the
name of the person or party for whom the testimony of the witness is
required. The seal of the court or officer, or tribunal, shall be
affixed to the original and all copies, if issued by a court or
officer having a seal. If the subpoena is issued by an attorney, it
shall be issued in the name of the presiding officer of the court, or
tribunal in which the matter is pending and shall be attested and
signed by the attorney, designating the party for whom
is attorney of record.
IT IS FURTHER ORDERED that this rule become effective immediately.
DATED at Pierre, South Dakota, this 23rd day of February, 2021.
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
indicate deleted language.