(1) Discovery period. Except upon agreement of the parties or leave of court granted upon a showing of good cause, all discovery must be completed no later than 60 days before trial.
Rule 73.Discovery in expedited civil actions.
Part IX: Expedited Civil Actions · Last amended 2016 · Last verified July 16, 2026
In one sentenceRule 15-6-73 sets a 60-day pre-trial discovery cutoff for expedited civil actions and caps each side at ten interrogatories, ten production requests, ten admission requests, one deposition per party, two nonparty depositions, and one retained expert, absent agreement or a court-approved showing of good cause.
Full Text of Rule 15-6-73
(2) Limited and simplified discovery procedures. Except upon agreement of the parties or leave of court granted upon a showing of good cause, discovery in expedited civil actions is subject to the following additional limitations:
(A) Interrogatories to parties. Each side may serve no more than 10 interrogatories, including all discrete subparts, on any other side under § 15-6-33.
(B) Production of documents. Each side may serve no more than 10 requests for production, including all discrete subparts, on any other side under § 15-6-34.
(C) Requests for admission. Each side may serve no more than 10 requests for admission, including all discrete subparts, on any other side under § 15-6-36. This limit does not apply to requests for admission of the genuineness of documents that the party intends to offer into evidence at trial.
(D) Depositions upon oral examination.
(i) Parties. One deposition of each party may be taken. With regard to corporations, partnerships, voluntary associations, or any other groups or entities named as a party, one representative deponent may be deposed.
(ii) Other deponents. Each side may take the deposition of up to two nonparties.
(3) Number of expert witnesses. Each side is entitled to one retained expert, except upon agreement of the parties or leave of court granted upon a showing of good cause.
(4) Motion for leave of court. A motion for leave of court to modify the limitations provided in this section must be in writing and must set forth the proposed additional discovery and the reasons establishing good cause for its use.
Plain-English Summary
Rule 15-6-73 keeps discovery in an expedited civil action on a short leash. Absent agreement of the parties or leave of court on a showing of good cause, all discovery must be completed no later than 60 days before trial.
Within that window, the rule limits each discovery tool. Each side may serve no more than ten interrogatories, including discrete subparts, under Rule 15-6-33. Each side may serve no more than ten requests for production, including discrete subparts, under Rule 15-6-34. Each side may serve no more than ten requests for admission, including discrete subparts, under Rule 15-6-36, though that cap does not apply to requests asking a party to admit the genuineness of documents it intends to offer at trial. On oral depositions, each party may be deposed once, with a single representative deponent standing in for a corporation, partnership, voluntary association, or other group or entity named as a party, and each side may also depose up to two nonparties.
Expert testimony gets its own limit: each side is entitled to one retained expert, again absent agreement or a good-cause showing. A party who needs more than these limits allow must file a written motion for leave of court that sets out the proposed additional discovery and the reasons establishing good cause for it.
Frequently Asked Questions
How many interrogatories can I send the other side in a South Dakota expedited civil action?
Rule 15-6-73 limits each side to ten interrogatories, including discrete subparts, absent agreement of the parties or leave of court on a showing of good cause.
Can I depose a corporation’s employees in an expedited civil action?
Rule 15-6-73 allows one representative deponent for a corporation, partnership, voluntary association, or other entity named as a party, treated the same as one deposition per individual party, plus up to two nonparty depositions per side.
How long do I have to complete discovery before an expedited trial?
Rule 15-6-73 requires all discovery to be completed no later than 60 days before trial, absent agreement of the parties or leave of court on a showing of good cause.
How many expert witnesses can each side use in an expedited civil action?
Rule 15-6-73 entitles each side to one retained expert, absent agreement of the parties or leave of court on a showing of good cause.
What do I need to show the court to get more discovery than these limits allow?
Rule 15-6-73 requires a written motion for leave of court that sets out the proposed additional discovery and the reasons establishing good cause for it.
Amendment History
—SL 2016, ch 238 (SCR 15-16), effective January 1, 2016.
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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