South Dakota Motion for Process Instructions
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FAQ
If it's a subpoena for appearance, it will also list the data, time, and location when the appearance is required. If it's a subpoena for documents, it will describe what documents are required. Finally, for state court, the subpoena must be served at least 7 days before the date on which the appearance is required.
The subpoena must be served sufficiently in advance of the date upon which the appearance of the witness is required to enable such witness to reach such place by any ordinary or usual method of transportation which he may elect.
A motion for reconsideration is not a separate and appealable order. Rather, it is ?an invitation to the court to consider exercising its inherent power to vacate or modify its own judgment.? Breeden v. , 598 NW2d 441, 444 ( 1999).
A subpoena to a non-party shall be served not fewer than 10 days before the time specified for compliance. (c) Notice to Parties. The party serving a subpoena on a non-party pursuant to Rule 58.02(a) shall provide a copy of the subpoena to every party as if it were a pleading.
Codified Laws § 15-6-45(c) The subpoena may be served by any officer or person qualified to make service of a summons. The subpoena shall be served in the same manner as a summons is served, excepting that no service by publication is authorized.
South Dakota law allows for expungement of misdemeanors and felonies, as well as drunk driving offenses, provided you are at least 75 years old, or the offense occurred at least 10 years after all conditions of probation have been satisfied, or date of sentencing if no jail time was served.
The subpoena should be served at least two weeks before the trial date. If there are unforeseen circumstances, subpoenas may be served later, but they must always be served at least three days before the trial.
A motion for expungement is a civil filing and requires payment of civil filing fees and costs of $70, unless a waiver is granted by the court. SDCL 23A-3-28. Along with the motion, an individual must file a civil case filing statement (?IN THE MATTER OF? Cases) form, which is available on the UJS website.
