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 amendment shifts the bill from focusing narrowly on procedural requirements for subpoenas to broadly revising multiple contested case provisions, including amendments to sections 1-26-18 and 1-26-19.1 that clarify party rights, agency powers, and witness fees in addition to subpoena service requirements. This expansion BROADENS the bill's scope to comprehensively address contested case procedures rather than limiting it to subpoena service alone.
This amendment converted the bill from its engrossed (committee) version to its enrolled (final passage) version, making technical corrections such as changing "may have subpoenas issued" to "issue subpoenas" for clearer language and clarifying that subpoena notice requirements apply to "documentary evidence" specifically. The substantive changes are primarily grammatical and organizational refinements that NARROW the bill's scope slightly by explicitly requiring advance notice to all parties before serving subpoenas for documents, adding protections against unreasonable subpoena requests.
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