To domesticate an out‑of‑state subpoena in South Dakota, attorneys submit the foreign subpoena along with a completed South Dakota subpoena to the Clerk of Courts in the county where discovery occurs under SDCL §15‑6‑28.3. Issuance fees can vary from $2 statutorily but sometimes up to about $20 administratively—and local counsel is not required for issuance.
Countrywide Process
February 17, 2026
When litigation is pending outside South Dakota but discovery is required from a witness, company, or records custodian located in the state, the foreign subpoena must be domesticated before it can be served. South Dakota follows the Uniform Interstate Depositions and Discovery Act (UIDDA), codified at SDCL §15‑6‑28.3, which allows a local clerk to issue a South Dakota subpoena mirroring the foreign subpoena.
The process for issuing and serving a subpoena in South Dakota is governed by SDCL § 15-6-45. The most efficient way to have a Subpoenas issued in South Dakota is by the clerks of court. A subpoena is a legal command requiring a person to attend, testify, or produce documents, papers, or tangible evidence at a deposition, hearing, or trial, and the subject of the subpoena must be relevant to the case. Subpoenas cannot be served by publication and must be delivered personally to the person named. Service must allow sufficient time for the witness to reach the specified location for the deposition, hearing, or trial. A party or person subject to a subpoena may seek a protective order to limit the scope if it imposes an undue burden. The subpoena must include specific language warning the recipient of the consequences of non-compliance, and failing to obey a subpoena may be deemed contempt of court. If a witness is not paid the required fees for one day’s attendance and mileage at the time of service, they are not obligated to comply with the subpoena, and payment must be tendered for each day’s attendance. Parties should fill out all required forms accurately and file necessary paperwork to ensure proper legal process.
UIDDA domestication in South Dakota is a ministerial clerk process. Requesting issuance does not constitute an appearance in South Dakota, and local counsel is generally not required. There is no single mandatory statewide subpoena form used in every instance; requirements can vary slightly by county and clerk practice. Countrywide Process ensures the correct South Dakota subpoena format is used for each situation so issuance is not delayed or rejected. Once issued, the South Dakota subpoena is served and enforced under South Dakota law.
• UIDDA adopted in South Dakota? Yes • Governing statute: SDCL §15‑6‑28.3
• Who issues the subpoena? Clerk of Circuit Court
• Local counsel required for issuance? No
Under South Dakota’s UIDDA statute, a subpoena for interstate discovery must be issued in the county where the witness resides, works, or where documents or evidence are located. The Clerk of the Circuit Court issues the subpoena after receiving the foreign subpoena and corresponding South Dakota subpoena materials.
Submitting a foreign subpoena does not constitute an appearance in South Dakota courts and creates jurisdiction only for purposes of issuing, enforcing, or modifying the subpoena.
South Dakota has one of the lowest UIDDA issuance costs in the country.
Typical fees include:
• Statutory subpoena issuance fee: approximately $2.00
• County administrative or processing fees: sometimes listed around $20
• Witness fees (if attendance required): generally $20 per day plus mileage
Because county practices vary, confirming the amount with the issuing clerk is recommended. Countrywide Process confirms the correct jurisdiction and advances all required fees when coordinating issuance and service.
The South Dakota UIDDA process follows a consistent structure:
Service must comply with SDCL §15‑6‑45(c) and typically requires personal service by a sheriff or professional process server (the better controlled and preferred method).
Countrywide Process manages interstate discovery logistics so attorneys can stay focused on litigation.
We:
• Provide the correct South Dakota subpoena
• Identify the proper county jurisdiction
• Coordinate clerk issuance
• Advance issuance and witness fees when requested
• Arrange professional service statewide
• Provide confirmation and documentation for the originating case when and where required
Call 888‑962‑9696 Submit your South Dakota UIDDA request today Less Chaos. More Control. Let Countrywide Take the Role.
Yes. South Dakota follows the Uniform Interstate Depositions and Discovery Act under SDCL §15-6-28.3.
No. UIDDA issuance does not constitute an appearance in South Dakota, so local counsel is not required for routine issuance.”
The statutory issuance fee is typically about $2, although some counties may charge administrative processing fees closer to $20
The subpoena must be issued in the South Dakota county where the witness or evidence is located.
The Clerk of the Circuit Court issues the South Dakota subpoena based on the submitted foreign subpoena
Service is governed by SDCL §15‑6‑45(c) and must be completed according to South Dakota service rules.
Yes. Countrywide Process identifies the proper jurisdiction, coordinates issuance, advances fees, and arranges professional service throughout South Dakota.
