Section 23A-14-28 - Sanctions for oppressive subpoenas. - South-dakota Statutes

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

Source: SL 1978, ch 178, § 202.

State Codes and Statutes

Statutes > South-dakota > Title-23a > Chapter-14 > Statute-23a-14-28

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

Source: SL 1978, ch 178, § 202.

State Codes and Statutes

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State Codes and Statutes

Statutes > South-dakota > Title-23a > Chapter-14 > Statute-23a-14-28

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

Source: SL 1978, ch 178, § 202.