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 adds two new substantive sections revising contested case procedures: one clarifying parties' rights to issue subpoenas and agencies' authority to administer oaths, and another requiring advance notice to parties before serving documentary subpoenas and allowing judges to quash or condition them.
The amendment clarifies subpoena procedures by requiring advance notice to all parties before serving a subpoena for documentary evidence and allowing the hearing examiner to quash, modify, or condition the subpoena based on reasonableness and cost.
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