15-6-30(a). When depositions may be taken.After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon oral examination. Leave of court, granted with or without notice, must be obtained only if the plaintiff seeks to take a deposition prior to the expiration of thirty days after service of the summons and complaint upon any defendant, except that leave is not required (1) if a defendant has served a notice of taking deposition or otherwise sought discovery, or (2) if special notice is given as provided in subdivision 15-6-30(b)(2).The attendance of witnesses may be compelled by subpoena as provided in §15-6-45. The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes. The deposition of a person who has already been deposed in the case may only be taken with the consent of the deponent and parties, or by leave of court. Source: SDC 1939 & Supp 1960, §§36.0501, 36.0511; SD RCP, Rule 26(a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SDCL, §15-6-26(a); Supreme Court Rule 76-3, §4; SL 2006, ch 294 (Supreme Court Rule 06-20), eff. 501, 36.0511; SD RCP, Rule 26(a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SDCL, §15-6-26(a); Supreme Court Rule 76-3, §4; SL 2006, ch 294 (Supreme Court Rule 06-20), eff. July 1, 2006.
South Dakota Legal Code