3 Tips for a South Dakota Business Responding to a Subpoena

 

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
  • Relevancy
  • Undue burden and expense 
  • Lack of possession, custody or control
  • Trade secrets and confidential information
  • Privileges

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.

Scott Swier
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Founding Member, Attorney At Law