All other provisions of § 15-6-45 shall also apply to subpoenas issued under §§ 15-6-28.1 to 15-6-28.6, inclusive.
Rule 28.5.Persons Before Whom Depositions May Be Taken
Part V: Discovery · Last amended 2012 · Last verified July 16, 2026
In one sentenceRule 15-6-28.5 makes every other provision of § 15-6-45 — covering deposition, production, inspection, witness fees, expenses, place of examination, and attendance — apply to subpoenas issued under South Dakota’s interstate depositions and discovery framework.
Full Text of Rule 15-6-28.5
Plain-English Summary
Once a subpoena is issued and served under §§ 15-6-28.3 and 15-6-28.4, Rule 15-6-28.5 folds it into the rest of South Dakota’s ordinary subpoena rules. All other provisions of § 15-6-45 — governing deposition, production, and inspection procedures, witness fees and expenses, the place of examination, and attendance — apply to it just as they would to any subpoena issued in a South Dakota case.
The practical effect is that, apart from the special issuance route the interstate framework provides, a subpoena connected to an out-of-state lawsuit is treated in every other respect like an ordinary South Dakota subpoena.
Frequently Asked Questions
Do witness fee and expense rules apply to a subpoena issued under this interstate process?
Yes. Rule 15-6-28.5 makes all other provisions of § 15-6-45, including those governing witness fees and expenses, apply to subpoenas issued under §§ 15-6-28.1 to 15-6-28.6.
Where must someone appear in response to this kind of subpoena?
The place-of-examination provisions of § 15-6-45 apply, as Rule 15-6-28.5 extends all of that section’s provisions to these subpoenas.
Does § 15-6-45 govern anything beyond how the subpoena is served?
Yes. Rule 15-6-28.5 lists deposition, production, inspection, witness fees, expenses, place of examination, and attendance as areas where § 15-6-45 applies.
Is a subpoena issued under this interstate framework treated differently once it has been served?
No. Rule 15-6-28.5 applies all other provisions of § 15-6-45 to it, the same as any other South Dakota subpoena.
What rule sets the witness fees owed for responding to one of these subpoenas?
Section 15-6-45, which Rule 15-6-28.5 makes applicable to subpoenas issued under the interstate discovery framework.
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: witness fees interstate subpoena south dakotarule 28.5 south dakotaplace of examination sd subpoenainterstate subpoena expenses south dakota