This bill clarifies and expands the rules for serving subpoenas in contested case proceedings before state agencies, making it easier for parties and their attorneys to compel witnesses to testify and produce evidence. The changes modify how subpoenas must be served and align the process with South Dakota's civil court procedures. These revisions ensure that all parties in agency hearings have a fair opportunity to gather the evidence they need for their cases.
The engrossed version broadens the bill's scope beyond just procedural requirements for serving subpoenas to include substantive amendments to contested case procedures, specifically clarifying who can issue subpoenas (attorneys and agency officers, not just agencies), establishing that witness fees follow chapter 19-5 standards, and adding protections allowing hearing examiners to quash unreasonable subpoenas or require the requesting party to pay production costs. This shifts the bill from a narrow procedural fix into a more comprehensive revision of subpoena authority and safeguards in administrative proceedings.
This amendment transitions the bill from its engrossed (committee) version to its enrolled (final passed) version, making primarily technical and formatting corrections such as fixing punctuation, removing redundant language ("However, each" to "Each"), and clarifying subpoena procedures by requiring notice to all parties before a subpoena for documentary evidence is served. The substantive changes STRENGTHEN the bill's protections by explicitly requiring parties receive advance notice of document production subpoenas and giving hearing examiners authority to quash unreasonable subpoenas or require the requesting party to pay production costs.
Signed by the Governor H.J. 562
Delivered to the Governor H.J. 520
Signed by the President S.J. 470
Signed by the Speaker H.J. 492
Senate Do Pass Amended Passed, YEAS 33, NAYS 0. S.J. 426
Judiciary Certified uncontested, placed on consent
Judiciary Do Pass Passed, YEAS 5, NAYS 0.
Judiciary Scheduled for hearing S.J. 1
First read in Senate and referred to Senate Judiciary S.J. 260
House of Representatives Do Pass Amended Passed, YEAS 63, NAYS 3. H.J. 295
Judiciary Certified uncontested, placed on consent H.J. 18
Judiciary Do Pass Amended Passed, YEAS 12, NAYS 0. H.J. 18
Judiciary Motion to amend H.J. 17
Judiciary Scheduled for hearing H.J. 1
First read in House and referred to House Judiciary H.J. 178
Prime sponsor · Rep.
R
Cosponsors
Judiciary — Do Pass
Do Pass Amended
Judiciary — Do Pass Amended