Changes to Existing Law

26.822.12 26.822.13 101st Legislative Session 1234 2026 South Dakota Legislature House Bill 1234 HOUSE JUDICIARY ENGROSSED Introduced by: Representative Roby Underscores indicate new language. Overstrikes indicate deleted language. An Act to revise procedural requirements for provisions related to serving a subpoena in a contested case. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That § 1-26-18 be AMENDED: 3 1-26-18. Opportunity shall be afforded to all parties to respond and present 4 evidence on issues of fact and argument on issues of law or policy. However, each Each 5 agency, upon the motion of any party, may dispose of any defense or claim: 6 (1) If the pleadings, depositions, answers to interrogatories, and admissions on file, 7 together with the affidavits, if any, show that there is no genuine issue as to any 8 material fact and a party is entitled to a judgment as a matter of law; or 9 (2) At the close of the evidence offered by the proponent of the defense or claim, if it 10 the agency determines that the evidence offered by the proponent of the defense 11 or claim is legally insufficient to sustain the defense or claim. 12 A party to a contested case proceeding may appear in person or by counsel, or 13 both, and may be present during the giving of all evidence,. The party or the party's 14 attorney of record may have reasonable opportunity to inspect all documentary evidence, 15 may examine and cross-examine witnesses, may present evidence in support of the 16 party's interest, and may have subpoenas issued issue subpoenas to compel attendance 17 of witnesses and production of evidence in on the party's behalf. 18 Section 2. That § 1-26-19.1 be AMENDED: 19 1-26-19.1. Each agency and the officers thereof any attorney of record or officer 20 of the agency charged with the duty to administer the laws of this the state and the rules 21 of the agency shall have power to administer may: 22 (1) Administer oaths as provided by chapter 18-3 and to subpoena; and 23 (2) Subpoena witnesses or interested parties to appear and give testimony and to 24 produce records, books, papers, and documents relating to any matters in 25 26.822.13 2 1234 Underscores indicate new language. Overstrikes indicate deleted language. contested cases and likewise issue subpoenas for such purposes for persons 1 interested therein matter in a contested case, as provided by in § 15-6-45. 2 Unless otherwise provided by law, fees for witnesses shall be are as set forth in 3 chapter 19-5 and must be paid by the agency or party for whom the witness is 4 subpoenaed. 5 Failure of a person to obey the a subpoena issued pursuant to this chapter may be 6 punished as a contempt of court in the manner provided by chapter 21-34. 7 Section 3. That a NEW SECTION be added to chapter 1-26: 3 8 Before a subpoena commanding the production of documentary evidence pursuant 4 9 to § 1-26-19.1 is served on the person to whom it is directed, a notice and copy of the 5 10 subpoena must be served on each party to the matter pending. The hearing examiner or 6 11 administrative law judge, upon motion made promptly and at or before the time specified 7 12 in the subpoena for compliance with the subpoena, may: 8 13 (1) Quash or modify the subpoena if it is unreasonable and oppressive; or 9 14 (2) Condition denial of the motion upon the advancement, by the person on whose 10 15 behalf the subpoena is issued, of the reasonable cost of producing the records, 11 16 books, papers, or documents. 12 17

26.822.13 26.822.14 101st Legislative Session 1234 2026 South Dakota Legislature House Bill 1234 HOUSE JUDICIARY ENGROSSED Introduced by: Representative Roby Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to revise provisions related to serving a subpoena in a contested case. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That § 1-26-18 be AMENDED: 3 1-26-18. Opportunity shall be afforded to all parties to respond and present 4 evidence on issues of fact and argument on issues of law or policy. However, each Each 5 agency, upon the motion of any party, may dispose of any defense or claim: 6 (1) If the pleadings, depositions, answers to interrogatories, and admissions on file, 7 together with the affidavits, if any, show that there is no genuine issue as to any 8 material fact and a party is entitled to a judgment as a matter of law; or 9 (2) At the close of the evidence offered by the proponent of the defense or claim, if it 10 the agency determines that the evidence offered by the proponent of the defense 11 or claim is legally insufficient to sustain the defense or claim. 12 A party to a contested case proceeding may appear in person or by counsel, or 13 both, and may be present during the giving of all evidence,. evidence. The party or the party's 14 attorney of record may have reasonable opportunity to inspect all documentary evidence, 15 may examine and cross-examine witnesses, may present evidence in support of the 16 party's interest, and may have subpoenas issued issue subpoenas to compel attendance 17 of witnesses and production of evidence in on the party's behalf. 18 Section 2. That § 1-26-19.1 be AMENDED: 19 1-26-19.1. Each agency and the officers thereof any attorney of record or officer 20 of the agency charged with the duty to administer the laws of this the state and the rules 21 of the agency shall have power to administer may: 22 (1) Administer oaths as provided by chapter 18-3 18-3; and to subpoena; and 23 26.822.14 2 1234 HB1234 ENROLLED (2) Subpoena witnesses or interested parties to appear and give testimony and to 24 produce records, books, papers, and documents relating to any matters in 25 26.822.13 2 1234 Underscores indicate new language. Overstrikes indicate deleted language. contested cases and likewise issue subpoenas for such purposes for persons 1 interested therein matter in a contested case, as provided by in § 15-6-45. 2 Unless otherwise provided by law, fees for witnesses shall be are as set forth in 3 chapter 19-5 and must be paid by the agency or party for whom the witness is 4 subpoenaed. 5 Failure of a person to obey the a subpoena issued pursuant to this chapter may be 6 punished as a contempt of court in the manner provided by chapter 21-34. 7 Section 3. That a NEW SECTION be added to chapter 1-26: 8 Before a subpoena commanding the production of documentary evidence pursuant 9 to § 1-26-19.1 is served on the person to whom it is directed, a notice and copy of the 10 subpoena must be served on each party to the matter pending. The hearing examiner or 11 administrative law judge, upon motion made promptly and at or before the time specified 12 in the subpoena for compliance with the subpoena, may: 13 (1) Quash or modify the subpoena if it is unreasonable and oppressive; or 14 (2) Condition denial of the motion upon the advancement, by the person on whose 15 behalf the subpoena is issued, of the reasonable cost of producing the records, 16 books, papers, or documents. 17 26.822.14 3 1234 HB1234 ENROLLED An Act to revise provisions related to serving a subpoena in a contested case. I certify that the attached Act originated in the: House as Bill No. 1234 Chief Clerk of the House Speaker of the House Attest: Chief Clerk of the House President of the Senate Attest: Secretary of the Senate House Bill No. 1234 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State