South Dakota § 23A-14-28 Sanctions for oppressive subpoenas.

South Dakota Statutes

§ 23A-14-28 — Sanctions for oppressive subpoenas.

South Dakota § 23A-14-28

Title 23ACRIMINAL PROCEDURE

Ch. 23A-14(RULE 17) SUBPOENA AND ATTENDANCE OF WITNESSES

This text of South Dakota § 23A-14-28 (Sanctions for oppressive subpoenas.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 23A-14-28 (2026).

Text

The court may impose appropriate sanctions including the quashing of a subpoena upon a showing by the subpoenaed person that:

(1)If called for any purpose, compliance with the subpoena would be for punitive purposes;

(2)If called before a grand jury, a primary purpose or effect of requiring such person to so testify or to produce such objects to the grand jury is or will be to secure for trial testimony or to secure other information regarding the activities of any person who is already under indictment for those activities in this state, or of any person who is held to answer by information for those activities.

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The court may impose appropriate sanctions including the quashing of a subpoena upon a showing by the subpoenaed person that: (1) If called for any purpose, compliance with the subpoena would be for punitive purposes; (2) If called before a grand jury, a primary purpose or effect of requiring such person to so testify or to produce such objects to the grand jury is or will be to secure for trial testimony or to secure other information regarding the activities of any person who is already under indictment for those activities in this state, or of any person who is held to answer by information for those activities.