An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under §§ 15-6-28.1 to 15-6-28.6, inclusive, must comply with the rules or laws of South Dakota and be submitted to the court in the county in which discovery is to be conducted.
Rule 28.6.Persons Before Whom Depositions May Be Taken
Part V: Discovery · Last amended 2012 · Last verified July 16, 2026
In one sentenceRule 15-6-28.6 requires that any request to a South Dakota court for a protective order, or to enforce, quash, or modify a subpoena issued under the interstate discovery framework, follow South Dakota law and be filed in the county where the discovery is to take place.
Full Text of Rule 15-6-28.6
Plain-English Summary
Rule 15-6-28.6 closes out the interstate discovery framework by fixing where and how disputes over these subpoenas get resolved. An application to a South Dakota court for a protective order, or to enforce, quash, or modify a subpoena issued under §§ 15-6-28.1 to 15-6-28.6, must comply with South Dakota’s rules or laws and must be submitted to the court in the county where the discovery is to be conducted.
Tying the application to the county of discovery keeps the dispute in front of the South Dakota court closest to where the actual deposition, production, or inspection is happening, rather than requiring the parties to look to the out-of-state court that issued the underlying lawsuit.
Frequently Asked Questions
Which South Dakota court handles a dispute over an interstate discovery subpoena?
Rule 15-6-28.6 requires the application to be submitted to the court in the county in which discovery is to be conducted.
What law governs an application to quash or modify one of these subpoenas?
The rules or laws of South Dakota, as Rule 15-6-28.6 requires the application to comply with them.
Can a party ask a South Dakota court for a protective order under this framework?
Yes. Rule 15-6-28.6 covers applications for a protective order along with applications to enforce, quash, or modify the subpoena.
Does the out-of-state court that issued the underlying lawsuit resolve disputes over the South Dakota subpoena?
No. Rule 15-6-28.6 directs the application to the South Dakota court in the county of discovery, not to the originating out-of-state court.
What kinds of relief can a party seek under this rule?
Rule 15-6-28.6 covers a protective order or an order to enforce, quash, or modify the subpoena.
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: protective order interstate subpoena south dakotaquash subpoena south dakota courtrule 28.6 south dakotavenue interstate discovery dispute sd