From the early 1960s until today, statistical evidence has become the key to solving a case. Around the beginning of 1960, this type of evidence was not allowed in US courts, but as we can see today, both opposing parties heavily rely on this data to absolve their client from guilt.
However, statistics are not the only evidence brought before a court. Another vital piece of evidence is a witness. Although this is simple when it comes to calling a person living in the same state where the hearing is held, the matter is different when the court needs an individual that lives out of state.
In those situations, filing a foreign subpoena is in order. While the process might look complex, it can easily be solved by hiring service professionals in South Dakota.
Before you do that, let’s see what you need to know about the UIDDA and serving an out-of-state subpoena in South Dakota.
The UIDDA in South Dakota
In 2012, South Dakota joined the US states that had adopted the Uniform Interstate Depositions and Discovery Act (UIDDA). According to this Act, the previous process of subpoenaing an individual in South Dakota is simplified.
Namely, the claimant is now required to file the subpoena with the court clerk, who will issue the subpoena per the South Dakota Rules of Civil Procedure alongside the conditions in the foreign subpoena.
It’s important to note that filing a foreign subpoena doesn’t mean that the individual has to appear before the court. In better words, when a claimant requests a foreign subpoena in South Dakota, the UIDDA and South Dakota rules state that the court can choose to:
- Enforce it;
- Dismiss it;
- Modify it;
- Counter-issue a protective order;
- Sanction the attorney who asked for the subpoena in the first place if it violates the regulations in the South Dakota Rules of Civil Procedure.
Only after the court has enforced it or in any other way reached approval of the foreign subpoena can the person be legally required to comply with its requests.
Who Can Serve an Out-of-State Subpoena in South Dakota?
In this state, anyone authorized to serve a summon can also serve a subpoena. Usually, that is the county sheriff or the constable in the jurisdiction where the subpoenaed individual is. But, individual service agencies can also help get the subpoena process wrapped up fast.
Hire Professionals to Domesticate and Serve Your Out-of-State or Foreign Subpoena in South Dakota.
In one word: yes! A professional service can help you navigate the subpoena process faster, better, and with more care.
At Serve Index LLC, we know that claimants look for quick and effective services, and our team can guarantee just that. Instead of going through the process alone, you can let us help you. Time is essential, so that is why we offer three packages:
- Standard service (within 5-7 days)
- Rush service (within two days)
- One-day service
Get Legal Support Services With Serve Index LLC
If you want to win a case, getting the proper evidence is crucial, no matter how hard that may be. So when it comes to an out-of-state or foreign subpoena in South Dakota, turning to an expert service agency is the right call.
At Serve Index LLC, we can help you with various legal issues — from filing documents and retrieving papers to tracking a person. Contact us today with any questions about our services, and let us help you!