37-1-11.1. Demand by attorney general to produce evidence relating to violations--Service--Contents.
If the attorney general has reasonable cause to believe that a person has information or is in possession, custody, or control of any document or other tangible object relevant to an investigation for violation of this chapter, he may serve upon the person, before bringing any action in circuit court, a written demand to appear and be examined under oath, to answer written interrogatories under oath, and to produce the document or object for inspection and copying. The demand shall:
(1)Be served upon the person in the manner required for service of process in this State or by registered or certified mail;
(2)Describe the nature of the conduct constituting the violation under investigation;
(3)Describe the class or classes of documents or objects with sufficient definiteness to permit it to be fairly identified;
(4)Contain a copy of the written interrogatories;
(5)Prescribe a reasonable time at which the person must appear to testify, within which to answer the written interrogatories, and within which the document or object must be produced, and advise the person that objections to or reasons for not complying with the demand may be filed with the attorney general on or before that time;
(6)Specify a place for the taking of testimony or for production and designate a person who shall be custodian of the document or object; and
(7)Contain a copy of §37-1-11.2.
Source: SL 1977, ch 305, §6.
Structure South Dakota Codified Laws
Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices
Section 37-1-3.1 - Combinations in restraint of trade unlawful--Entities subject to prohibition.
Section 37-1-3.2 - Monopolies and attempts to monopolize unlawful.
Section 37-1-3.3 - Monopoly or restraint of trade as felony.
Section 37-1-3.4 - Labor not an article of commerce--Labor and agricultural organizations permitted.
Section 37-1-3.5 - Regulated utility services exempt.
Section 37-1-4 - Discriminating between localities in selling as unfair discrimination.
Section 37-1-5 - Discriminating between localities in buying as unfair discrimination.
Section 37-1-6 - Price differential to meet competition in buying permitted.
Section 37-1-7 - Unlawful discrimination in buying or selling as felony.
Section 37-1-8 - Fraudulent statements to affect market price as felony.
Section 37-1-11 - Criminal proceedings instituted by attorney general.
Section 37-1-11.3 - Confidentiality of evidence produced on demand--Waiver.
Section 37-1-11.4 - Self-incriminating evidence required on promise of immunity.
Section 37-1-14.1 - Venue of actions for violation.
Section 37-1-14.4 - Limitation of actions for violations.
Section 37-1-16.1 - Judgment in action by state as prima facie evidence in later actions.
Section 37-1-18 - Failure to attend or produce evidence as contempt.
Section 37-1-20 - Remedies cumulative.
Section 37-1-22 - Judicial interpretations of similar statutes as guide.
Section 37-1-23 - Action by state as parens patriae--Circuit court jurisdiction--Monetary relief.
Section 37-1-24 - Treble damages and cost of suit as measure of monetary relief.
Section 37-1-25 - Exclusions in determining amount of monetary relief.
Section 37-1-26 - Proof of damages--Assessment in aggregate.
Section 37-1-27 - Notice--Manner of giving.
Section 37-1-29 - Judgment as res judicata.
Section 37-1-30 - Dismissal or compromise--Approval of court required--Notice.
Section 37-1-32 - Attorney general's powers--Common law powers not derogated.