Rule 28.2.Persons Before Whom Depositions May Be Taken

Rule 15-6-28.2 supplies the vocabulary the rest of the interstate discovery framework relies on. A foreign jurisdiction is any state other than South Dakota, and a foreign subpoena is one issued under the authority of a court of record in that foreign jurisdiction. Person is defined broadly, covering individuals, corporations, business trusts, estates, trusts, partnerships, limited liability companies, associations, joint ventures, public corporations, and governments or their subdivisions, agencies, and instrumentalities, plus any other legal or commercial entity.

State is defined just as broadly, reaching beyond the fifty states to include the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, and any territory or insular possession under United States jurisdiction. Subpoena means any document, however it is labeled, issued under the authority of a court of record that requires a person to attend and testify at a deposition, produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things, or permit inspection of premises under that person’s control.