South Dakota Notice of Intent to Serve Subpoena on Nonparty - Personal Injury

State:
Multi-State
Control #:
US-PI-0314
Format:
Word; 
Rich Text
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Description

This form is a sample notice of defendant's intent to serve a subpoena upon a third-party.
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  • Preview Notice of Intent to Serve Subpoena on Nonparty - Personal Injury

How to fill out Notice Of Intent To Serve Subpoena On Nonparty - Personal Injury?

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FAQ

A subpoena may be served by a sheriff, by his deputy, or by any other person who is not a party and who is not less than eighteen years of age. Service of a subpoena shall be made by delivering a copy thereof to the person named and by tendering to him the fee for one day's attendance and the mileage allowed by law.

A subpoena to a non-party pursuant to Rule 57.09 for the production of documents and things shall be served not fewer than 10 days before the time specified for compliance. The party serving a subpoena on a non-party shall provide a copy of the subpoena to every party as if it were a pleading.

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.

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 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.

Under the South Dakota statute of limitations for personal injury, you have three years from the date of the accident to file your lawsuit. While there are some exceptions (such as when you need to sue a government entity), that's the rule for most injury claims.

20-9-1. Responsibility for injury by willful act or negligence--Contributory negligence. Every person is responsible for injury to the person, property, or rights of another caused by his willful acts or caused by his want of ordinary care or skill, subject in the latter cases to the defense of contributory negligence.

No peace officer, conservation officer, member of any fire department, police department and their first aid, rescue or emergency squad, or any citizen acting as such as a volunteer, or any other person is liable for any civil damages as a result of their acts of commission or omission arising out of and in the course ...

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South Dakota Notice of Intent to Serve Subpoena on Nonparty - Personal Injury