HB 1234 South Dakota House · 2026 Regular Session

revise provisions related to serving a subpoena in a contested case.

HB 1234 revises how subpoenas for document production must be served in contested legal cases. It requires that before serving a subpoena, the person issuing it must first provide notice and a copy to all parties involved in the case. The bill also gives hearing examiners or administrative law judges the authority to cancel or change unreasonable subpoenas, or to require the subpoenaing party to cover the reasonable costs of document production if they deny a motion to quash. This affects parties in contested cases and those seeking documents through subpoenas, changing the procedural steps for service and review.
Bill status signed all 5 stages cleared
Introduction
Jan 2026
Committee Review
Mar 2026
House Passage
Feb 2026
Senate Passage
Mar 2026
Signed into Law
Mar 2026
Introduced Jan 29, 2026 Signed Mar 12, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

House Judiciary Engrossed Enrolled · 3 edits · Mar 3, 2026
MINOR
This bill amends South Dakota's administrative procedure laws to clarify how subpoenas for documentary evidence are served in contested cases. The main change requires that before a subpoena commanding document production is served on a person, a notice and copy of the subpoena must first be served on each party to the matter. This ensures all parties are aware of document requests before they are made to third parties, promoting transparency and allowing parties to challenge unreasonable subpoenas.
Scope change
The bill applies to all contested cases under South Dakota's administrative procedure law, specifically affecting how agencies and attorneys issue subpoenas for documentary evidence.
REQUIREMENT

Added a new requirement that a notice and copy of a subpoena commanding documentary evidence must be served on each party to the matter before the subpoena is served on the person to whom it is directed.

ENFORCEMENT

Added authority for hearing examiners or administrative law judges to quash or modify subpoenas if they are unreasonable and oppressive, or to condition denial of motions to quash on the advancement of reasonable production costs.

TECHNICAL

Added bill header information including session number (101st), bill number (1234), and enrolled status with certification lines for the Governor and legislative officers.

Floor votes

How they voted

This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history

Actions timeline

Total actions
15
Key actions
9
Committee
4
Amendments
1
Mar 12, 2026
Signed into law
Signed by the Governor on 2026-03-12 H.J. 562
executive
Mar 4, 2026
Upper · Passed
Signed by the President S.J. 470
upper
Mar 3, 2026
Upper · Passed
Signed by the Speaker H.J. 492
upper
Mar 2, 2026
Upper · Passed
Senate Do Pass Amended , Passed, YEAS 33, NAYS 0 S.J. 426
upper
Feb 26, 2026
Upper · Passed
Certified uncontested, placed on consent , Passed,
upper
Feb 26, 2026
Upper · Passed
Judiciary Do Pass , Passed, YEAS 5, NAYS 0
upper
Feb 12, 2026
Introduced
First read in Senate and referred to Senate Judiciary S.J. 260
upper
Feb 11, 2026
Lower · Passed
House of Representatives Do Pass Amended , Passed, YEAS 63, NAYS 3 H.J. 295
lower
Feb 9, 2026
Lower · Passed
Certified uncontested, placed on consent , Passed, H.J. 18
lower
Feb 9, 2026
Lower · Passed
Judiciary Do Pass Amended , Passed, YEAS 12, NAYS 0 H.J. 18
lower
Feb 9, 2026
Introduced
Judiciary Motion to amend , Passed, H.J. 17 Amendment 1234A
lower
Jan 29, 2026
Introduced
First read in House and referred to House Judiciary H.J. 178
lower
3 primary · 0 co-sponsors

Sponsors