Sections 15-6-28.1 to 15-6-28.6, inclusive, shall govern depositions and discovery conducted in South Dakota in connection with a civil lawsuit brought in another state.
Rule 28.1.Persons Before Whom Depositions May Be Taken
Part V: Discovery · Last amended 2012 · Last verified July 16, 2026
In one sentenceRule 15-6-28.1 declares that §§ 15-6-28.1 through 15-6-28.6 govern any deposition or discovery conducted in South Dakota in connection with a civil lawsuit that was filed in another state.
Full Text of Rule 15-6-28.1
Plain-English Summary
Rule 15-6-28.1 is the opening provision of a self-contained group of six sections that handle a specific situation: a civil case pending in another state that needs a deposition or discovery to happen inside South Dakota. This section states the scope for the whole group — it governs depositions and discovery conducted here in connection with that out-of-state lawsuit.
The sections that follow build out the framework this one announces: definitions of the terms used throughout, the procedure for a South Dakota clerk of court to issue a subpoena based on a foreign subpoena, how that subpoena must be served, which other South Dakota subpoena rules apply, and how a party asks a South Dakota court for a protective order or to enforce, quash, or modify the subpoena.
Frequently Asked Questions
Does South Dakota have a special process for discovery connected to a lawsuit filed elsewhere?
Yes. Rule 15-6-28.1 states that §§ 15-6-28.1 to 15-6-28.6 govern depositions and discovery conducted in South Dakota in connection with a civil lawsuit brought in another state.
Which sections make up this interstate discovery framework?
Sections 15-6-28.1 through 15-6-28.6, inclusive, as identified in Rule 15-6-28.1 itself.
Does this rule apply to a lawsuit that was filed in South Dakota?
No. Rule 15-6-28.1 is limited to discovery conducted in South Dakota in connection with a civil lawsuit brought in another state.
What kind of South Dakota activity does this rule cover?
Depositions and discovery conducted in South Dakota, as stated in Rule 15-6-28.1, when they connect to an out-of-state civil lawsuit.
Where are the terms used throughout this interstate discovery framework defined?
Section 15-6-28.2, the next section in the group Rule 15-6-28.1 introduces, supplies those definitions.
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: south dakota interstate discovery ruleout of state lawsuit discovery in sdforeign subpoena south dakotauniform interstate depositions south dakotarule 28.1 south dakota