A subpoena issued by a clerk of court under §§ 15-6-28.1 to 15-6-28.6, inclusive, must be served in compliance with § 15-6-45(c).
Rule 28.4.Persons Before Whom Depositions May Be Taken
Part V: Discovery · Last amended 2012 · Last verified July 16, 2026
In one sentenceRule 15-6-28.4 requires that a subpoena a South Dakota clerk of court issues under the interstate discovery framework be served the same way any other South Dakota subpoena is served under § 15-6-45(c).
Full Text of Rule 15-6-28.4
Plain-English Summary
Rule 15-6-28.4 keeps service simple once a subpoena has been issued under § 15-6-28.3. Rather than creating a separate service procedure for subpoenas connected to out-of-state litigation, this section requires the subpoena to be served in compliance with § 15-6-45(c), the same provision that governs service of any South Dakota subpoena.
The rule applies to every subpoena issued under the interstate discovery framework in §§ 15-6-28.1 to 15-6-28.6, whether it commands deposition testimony, document or thing production, or entry onto premises for inspection. By routing service through the ordinary subpoena rule instead of writing a separate one, Rule 15-6-28.4 lets a party or attorney rely on the familiar service-and-fee requirements of § 15-6-45(c) even when the underlying case is pending in another state.
Frequently Asked Questions
Does an interstate discovery subpoena get served differently than an ordinary South Dakota subpoena?
No. Rule 15-6-28.4 requires it to be served in compliance with § 15-6-45(c), the same provision that applies to South Dakota subpoenas generally.
Which rule governs how a clerk-issued subpoena under this framework must be served?
Section 15-6-45(c), as Rule 15-6-28.4 makes clear.
Who issues the subpoena that this rule requires be served under § 15-6-45(c)?
A clerk of court, following the procedure in § 15-6-28.3, before this rule’s service requirement applies.
Why does South Dakota not need a separate service procedure for interstate subpoenas?
Because once the clerk issues the subpoena in South Dakota form, Rule 15-6-28.4 folds it back into the ordinary service rules under § 15-6-45(c) rather than creating a parallel process.
Does this rule cover subpoenas for depositions, document production, and premises inspection alike?
Yes. Rule 15-6-28.4 applies to any subpoena issued under §§ 15-6-28.1 to 15-6-28.6, which under § 15-6-28.2 covers deposition testimony, document and thing production, and premises inspection.
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
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