20:10:01:22. Depositions from foreign country.Repealed.
Source: SL 1975, ch 16, § 1; repealed, 12 SDR 85, effective November 24, 1985.
20:10:01:22.01. Discovery -- Order to compel. A party may obtain discovery from another party without commission approval. The commission at its discretion, either upon its own motion or for good cause shown by a party to a proceeding, may issue an order to compel discovery. The taking and use of discovery shall be in the same manner as in the circuit courts of this state.
Source: 2 SDR 56, effective February 2, 1976; transferred from § 20:10:14:24, 12 SDR 85, effective November 24, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986; 25 SDR 89, effective December 27, 1998.
General Authority:SDCL 49-1-11(4).
Law Implemented:SDCL 1-26-19.2.
20:10:01:22.02. Notice of hearing. Except as otherwise provided by statute, written notice of hearing shall be served upon all parties and such other persons as the commission directs, at least 10 days prior to the date set for hearing, unless the commission determines a shorter or longer period of notice for good cause. The notice shall contain the contents required by SDCL 1-26-17.
Source: 2 SDR 56, effective February 2, 1976; transferred from § 20:10:14:17, 12 SDR 85, effective November 24, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 49-1-11.
20:10:01:22.03. Manner of service. An initial pleading in a
proceeding requiring service upon a person other than the commission shall be
served either personally or by mail as provided by SDCL 15-6-5(b). When a party has appeared by attorney, service upon the attorney is proper service. Service shall be evidenced by a certificate of service. Except in the case of a consumer complaint proceeding or as otherwise provided in this chapter, all pleadings and documents in a proceeding after the initial pleading shall be served electronically. Electronic service shall be effected by attaching the pleading or document as a .pdf file or other commonly used file type to an email that is addressed and transmitted to the email address of the party provided pursuant to § 20:10:01:02.03. Any document containing colored graphics such as a map, that is larger than eight and one-half by fourteen inches, or that otherwise may not practicably be served by email attachment or printed by the receiving party shall be served by mail. If a party or the attorney of a party does not have the capability to effect electronic service, the party or attorney shall provide notice of such fact to the commission and the other parties and such party may then serve and receive service by mail. Upon the request of a party or the commission, a party shall provide a paper copy of a particular document to the requesting party.
Source:
2 SDR 56, effective February 2, 1976; transferred from § 20:10:14:18, 12
SDR 85, effective November 24, 1985; 12 SDR 151, 12 SDR 155, effective July 1,
1986; 33 SDR 107, effective December 26, 2006.
General
Authority: SDCL 49-1-11(2),(4).
Law
Implemented: SDCL 49-1-11(2),(4).
20:10:01:22.04. Change in time and place of hearing. Changes in the time and place of the first session of the hearing in any proceeding shall be granted only for good cause shown. Notices of changes in time and place, if granted, shall be made to all parties to the proceeding and to persons who have appeared or who have petitions to intervene pending before the commission. The commission, upon its own motion and adequate notice to the parties, may change the time and place of any session.
Source: 2 SDR 56, effective February 2, 1976; transferred from § 20:10:14:26, 12 SDR 85, effective November 24, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 49-1-11.
Law Implemented:SDCL 49-1-11.
20:10:01:22.05. Hearing -- Opening statement. A hearing shall be opened with a concise statement of its nature and purpose. Appearances shall be entered on the record. Parties may make opening statements or appropriate motions. Further oral arguments may be given at the discretion of the commission.
Source: 2 SDR 56, effective February 2, 1976; transferred from § 20:10:14:25, 12 SDR 85, effective November 24, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 49-34A-4.
Law Implemented:SDCL 49-34A-4.
20:10:01:22.06. Written testimony. When ordered by the commission in a particular proceeding, testimony and exhibits shall be prepared in written form, filed with the commission, and served on all parties prior to the commencement of hearing on such dates as the commission prescribes by order. The front page of all prefiled testimony shall show the docket number, docket name, and name of the witness.
Source: 2 SDR 56, effective February 2, 1976; transferred from § 20:10:14:23, 12 SDR 85, effective November 24, 1985; 12 SDR 151, 12 SDR 155, effective July 1, 1986.
General Authority:SDCL 49-1-11.
Law Implemented:SDCL 1-26-19.
20:10:01:22.07. Exhibits at hearing. When exhibits have been
prepared to be used at the hearing either as evidence or for illustrative
purposes, or both, the parties shall have the exhibits marked prior to the
hearing. If the exhibits have not previously been served on the other parties
and filed with the commission, the party using exhibits shall provide copies of
the exhibits at the hearing to the commissioners, commission and staff
attorneys, the court reporter, and each party in the proceeding. If enlarged
exhibits have been prepared for the hearing, copies of enlarged exhibits shall
be reduced or folded to 8 1/2 inches by 11 inches in size prior to
the hearing. If a party in a hearing does not follow the requirements of this
section, the commission may or may not accept the exhibits at the hearing.
Source:
18 SDR 26, effective August 7, 1991; 33 SDR 107, effective December 26, 2006.
General
Authority: SDCL 49-1-11(2),(4).
Law
Implemented: SDCL 49-1-11(2),(4).
