Rule 28.3.Persons Before Whom Depositions May Be Taken

Part V: Discovery · Last amended 2012 · Last verified July 16, 2026

In one sentenceRule 15-6-28.3 lets a party with a foreign subpoena submit it to a South Dakota clerk of court in the county where discovery is sought, which creates South Dakota jurisdiction to enforce, quash, modify, or sanction the subpoena without counting as a general appearance, and lists what the resulting South Dakota subpoena must contain.

Full Text of Rule 15-6-28.3

Text sizeJump to: (A) (B) (C)

(A) To request issuance of a subpoena under §§ 15-6-28.1 to 15-6-28.6, inclusive, a party must submit a foreign subpoena to a clerk of court in the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under §§ 15-6-28.1 to 15-6-28.6, inclusive, does not constitute an appearance in the courts of this state. It does create the necessary jurisdiction in the State of South Dakota to:

(i) Enforce the subpoena;

(ii) Quash or modify the subpoena;

(iii) Issue any protective order or resolve any other dispute relating to the subpoena;

(iv) Impose sanctions on the attorney requesting the issuance of the subpoena for any action which would constitute a violation of the South Dakota Rules of Civil Procedure. An attorney who is not licensed to practice law in the State of South Dakota may petition the courts of this state to enforce or resolve any other dispute relating to a subpoena issued under this section, or may respond in the courts of this state to any petition or motion relating to the subpoena filed by any other person, without being admitted pro hac vice.

(B) When a party submits a foreign subpoena to a clerk of court in this state, the clerk shall promptly issue a subpoena for service upon the person to whom the foreign subpoena is directed.

(i) Conform to the requirements of the South Dakota Rules of Civil Procedure, including § 15-6-45, but may otherwise incorporate the terms used in the foreign subpoena so long as they conform to the South Dakota Rules of Civil Procedure;

(ii) Advise the person to whom the subpoena is directed that such a person has a right to petition the South Dakota court to quash or modify the subpoena under § 15-6-45(b); and

(iii) Contain or be accompanied by the names, addresses, and telephone numbers, of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.

End

Plain-English Summary

Subdivision (A) lets a party with a foreign subpoena submit it to the clerk of court in the county where the discovery is to be conducted. Doing so is not treated as an appearance in South Dakota courts, but it does create jurisdiction here to enforce the subpoena, to quash or modify it, to issue a protective order or resolve other disputes about it, and to sanction the attorney who requested it for conduct that would violate the South Dakota Rules of Civil Procedure. An out-of-state attorney can petition or respond to petitions about the subpoena in South Dakota courts without being admitted pro hac vice.

Subdivision (B) makes the clerk’s next step ministerial: once a party submits the foreign subpoena, the clerk promptly issues a South Dakota subpoena for service on the person named. Subdivision (C) sets what that subpoena must contain — it must conform to the South Dakota Rules of Civil Procedure, including § 15-6-45, though it may otherwise track the terms of the foreign subpoena as long as those terms are consistent with South Dakota’s rules; it must advise the recipient of the right to petition to quash or modify the subpoena under § 15-6-45(b); and it must include or come with the names, addresses, and phone numbers of all counsel of record and any unrepresented party in the underlying proceeding.

Frequently Asked Questions

How does an out-of-state litigant get a South Dakota subpoena issued for discovery here?

Rule 15-6-28.3(A) lets a party submit a foreign subpoena to the clerk of court in the county where discovery is sought to be conducted.

Does submitting a foreign subpoena count as appearing in South Dakota court?

No. Rule 15-6-28.3(A) says submitting the subpoena does not constitute an appearance, though it does create South Dakota jurisdiction for enforcement, quashing, modification, and related purposes.

Can an out-of-state attorney handle disputes over the subpoena in South Dakota without local admission?

Yes. Rule 15-6-28.3(A) lets an attorney not licensed in South Dakota petition to enforce or resolve disputes about the subpoena, or respond to petitions about it, without being admitted pro hac vice.

What must the South Dakota subpoena tell the person being asked to comply?

Rule 15-6-28.3(C) requires the subpoena to advise the recipient of the right to petition the South Dakota court to quash or modify it under § 15-6-45(b).

Does the clerk have discretion to refuse to issue the subpoena once a proper foreign subpoena is submitted?

Rule 15-6-28.3(B) describes the clerk’s role as promptly issuing the subpoena once a party submits it, without describing any discretion to withhold issuance.

Amendment History

—SL 2012, ch 256 (Supreme Court Rule 12-02), eff. July 1, 2012.

Source & verification. Rule text and History are reproduced verbatim from the South Dakota Codified Laws, published by the South Dakota Legislative Research Council. Last verified July 16, 2026. · Official source

Also known as: issuing a foreign subpoena in south dakotaout of state subpoena south dakota clerkpro hac vice not required subpoena sdquash foreign subpoena south dakotarule 28.3 south dakota