South DakotaSouth Dakota agency cases require notice before records subpoenas
In South Dakota agency cases, parties must get notice before a records subpoena is served, and they may promptly ask a hearing examiner or judge to limit it.
What it does
Parties must receive notice and a copy of a records subpoena before it is served. A hearing examiner or judge may block or change an unreasonable subpoena, or require the requester to advance reasonable production costs.
Argument forAdvance notice could give parties time to ask a judge to block an unreasonable subpoena or require the requester to cover production costs.
Argument againstA person asked to produce records could face the cost of doing so if the judge denies a challenge to the subpoena.
More detail
The law requires notice and a copy of a records subpoena to go to each party before it is served on the person who must provide the records. This applies to subpoenas seeking documents in a pending agency case. A hearing examiner or administrative law judge may quash or change the subpoena if it is unreasonable and oppressive. A motion must be made promptly, at or before the subpoena's compliance time. The judge may deny the motion on the condition that the requester advances reasonable production costs. Notice and a copy must reach each party before the subpoena is served on the person directed to provide the records. A challenge must be made promptly, at or before the time set for compliance.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 12Signed by the Governor Larry Rhoden on 2026-03-12 H.J. 562Became Law
- Mar 5Delivered to the Governor on 2026-03-05 H.J. 520To Governor
- Mar 4Signed by the President S.J. 470Passed Senate
- Mar 3Signed by the Speaker H.J. 492Passed House
- Mar 2Senate Do Pass Amended , Passed, YEAS 33, NAYS 0 S.J. 426
- Feb 26Certified uncontested, placed on consent , Passed,
- Vote recorded Do Pass. Result: pass.Upper
- Feb 26Judiciary Do Pass , Passed, YEAS 5, NAYS 0Minor
- Feb 26Scheduled for hearing S.J. 1
- Feb 12First read in Senate and referred to Senate Judiciary S.J. 260Minor
- Feb 11House of Representatives Do Pass Amended , Passed, YEAS 63, NAYS 3 H.J. 295
- Feb 9Certified uncontested, placed on consent , Passed, H.J. 18
- Vote recorded Do Pass Amended. Result: pass.Lower
- Feb 9Judiciary Do Pass Amended , Passed, YEAS 12, NAYS 0 H.J. 18
- Feb 9Judiciary Motion to amend , Passed, H.J. 17 Amendment 1234AMajor
- Feb 9Scheduled for hearing H.J. 1
- Jan 29First read in House and referred to House Judiciary H.J. 178Introduced
Government & Ethics