19-5-1. Fees and mileage payments of witnesses. Each witness shall receive, for each day’s attendance before any court, board, or tribunal in any civil or criminal case twenty dollars and mileage at such rate as may be established pursuant to §3-9-1. Such mileage is limited to each mile actually and necessarily traveled. In any criminal […]
19-5-10. Amount of undertaking for appearance by witness endorsed on attachment. If the attachment issued pursuant to §19-5-8 be not for immediately bringing the witness before the court or officer, a sum may be fixed in which the witness may give an undertaking with surety for his appearance. Such sum shall be endorsed on the […]
19-5-11. Show cause order when witness not personally served. If the witness be not personally served, the court may order him to show cause why an attachment should not issue against him. Source: CCivP 1877, §454; CL 1887, §5268; RCCivP 1903, §494; RC 1919, §2741; SDC 1939 & Supp 1960, §36.0305.
19-5-12. Punishment for contempt by witness. The punishment for the contempt described in §19-5-8 shall be as follows: when the witness fails to attend, in obedience to the subpoena, except in case of demand and failure to pay his fees, the court or officer may fine the witness in a sum not exceeding fifty dollars. […]
19-5-13. Application for discharge of imprisoned witness. A witness imprisoned pursuant to §19-5-12 by an officer before whom his deposition is being taken may apply to a judge of the circuit court, who shall have the power to discharge him, if it appear that his imprisonment is illegal. Source: CCivP 1877, §456; CL 1887, §5270; […]
19-5-14. Civil liability of witness for failure to attend or give testimony. The witness shall also be liable to the party injured for any damages occasioned by his failure to attend, or his refusal to be sworn, testify, or give his deposition. Source: CCivP 1877, §455; CL 1887, §5269; RCCivP 1903, §495; RC 1919, §2742; […]
19-5-16. Fraud or deceit to affect testimony of witness as misdemeanor. Every person who practices any fraud or deceit, or knowingly makes or exhibits any false statement, representation, token, or writing, to any witness or person about to be called as a witness, upon any trial, proceeding, inquiry, or investigation authorized by law, with intent […]
19-5-2. Public officers and employees not entitled to fees when testifying for state or subdivision–Mileage payable. No officer or employee of the State of South Dakota or of any political subdivision thereof including municipalities of the first class shall be paid any fees for giving testimony or evidence in any civil or criminal proceeding or […]
19-5-3. Witness immune from service of summons while outside county of residence under subpoena. A witness shall not be liable to be sued in a county in which he does not reside, by being served with a summons in such county while going, returning, or attending in obedience to a subpoena. Source: CCivP 1877, §460; […]
19-5-4. Requiring attendance of witness for deposition to be used in another jurisdiction. Whenever under any mandate, writ, or commission issued out of any court of record in any other state, territory, district, or foreign jurisdiction, or whenever upon notice or agreement, it is required to take the testimony of a witness or witnesses in […]
19-5-5. Prisoner produced for oral examination in county. A person confined in any prison, facility, or program under the control of the Department of Corrections pursuant to §1-15-1.4, may, by order of any court, be required to be produced for oral examination, by the Department of Corrections, in the county where the person is imprisoned. […]
19-5-6. Prisoners outside county to be examined by deposition–Facilities for taking deposition. Except as provided by §19-5-5, the examination of a person confined in any prison, facility, or program under the control of the Department of Corrections pursuant to §1-15-1.4, shall be by deposition. While an inmate’s deposition is being taken, the inmate shall remain […]
19-5-7. Disobedience of subpoena or refusal to testify as contempt. Disobedience of a subpoena, or a refusal to be sworn, or to answer as a witness, or to subscribe a deposition, when lawfully ordered, may be punished as a contempt of the court or officer, by whom his attendance or testimony is required. Source: CCivP […]
19-5-8. Attachment issued on disobedience of subpoena by witness. When a witness fails to attend in obedience to a subpoena, except in case of a demand and failure to pay his fees, the court or officer before whom his attendance is required may issue an attachment to the sheriff, coroner, or constable of the county, […]
19-5-9. Seal and contents of attachment and commitment order for witness–Direction and execution of order. Every attachment for the arrest or order of commitment to prison of a witness, by a court or officer, pursuant to this chapter, must be under the seal of the court or officer, if he have an official seal, and […]
