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, ยง202.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 14 - (Rule 17) Subpoena And Attendance Of Witnesses
Section 23A-14-2 - Attorneys' subpoena for witnesses within state.
Section 23A-14-3 - (Rule 17(b)) Subpoenas for indigent defendant--Payment of costs.
Section 23A-14-6 - (Rule 17(d)) Service of subpoena--Tender of fees and mileage.
Section 23A-14-7 - (Rule 17(e)(1)) Place of service of subpoena.
Section 23A-14-9 - (Rule 17(f)(1)) Authority for subpoena for deposition.
Section 23A-14-10 - (Rule 17(f)(2)) Place attendance required for deposition.
Section 23A-14-11 - John Doe subpoena for examination before magistrate--Compelling obedience.
Section 23A-14-12 - Advice as to rights given to John Doe witness--Immunity provisions applicable.
Section 23A-14-13 - Record of John Doe testimony--Warrant for arrest of offender.
Section 23A-14-14 - Interstate summons of witnesses--Definition of terms.
Section 23A-14-17 - Placement of witness in custody of officer from other state.
Section 23A-14-20 - Fees tendered to witness summoned from another state.
Section 23A-14-21 - Duration of stay required of witness summoned from another state.
Section 23A-14-22 - Immunity from process of witness summoned from another state.
Section 23A-14-23 - Immunity from process of witness passing through under interstate summons.
Section 23A-14-24 - Punishment for contempt by witness summoned from another state.
Section 23A-14-25 - (Rule 17(g)) Disobedience of subpoena as contempt of court.
Section 23A-14-26 - Motions relating to subpoena--Hearing.
Section 23A-14-27 - Stay of subpoena until ruling on motion.