Here are three tips for a South Dakota business to consider when responding to a subpoena:
Tip #1 - Determine possible objections to the subpoena
Objections to a subpoena range from procedural problems to privilege issues. Examples of possible objections include:
- Lack of personal service
- Witness fees & mileage costs
- After discovery deadline
- 100-mile rule
- Unreasonable response time
- Undue burden and expense
- Lack of possession, custody or control
- Trade secrets and confidential information
Tip #2 - Present objections to the subpoena
There are basically two ways to present objections to a subpoena. First, a South Dakota business can serve a written list of objections within 14 days after receiving the subpoena. Second, a South Dakota business can file a “timely” motion to quash or modify the subpoena.
Tip #3 - Comply with the subpoena
The last step that a South Dakota business can take in responding to a subpoena is to simply comply with those aspects that are not objectionable.
These three tips will help a South Dakota business reduce the risks of failing to properly respond to a subpoena.