19-5-1      Fees and mileage payments of witnesses.
19-5-2      Public officers and employees not entitled to fees when testifying for state or subdivision--Mileage payable.
19-5-3      Witness immune from service of summons while outside county of residence under subpoena.
19-5-4      Requiring attendance of witness for deposition to be used in another jurisdiction.
19-5-5      Prisoner produced for oral examination in county.
19-5-6      Prisoners outside county to be examined by deposition--Facilities for taking deposition.
19-5-7      Disobedience of subpoena or refusal to testify as contempt.
19-5-8      Attachment issued on disobedience of subpoena by witness.
19-5-9      Seal and contents of attachment and commitment order for witness--Direction and execution of order.
19-5-10      Amount of undertaking for appearance by witness endorsed on attachment.
19-5-11      Show cause order when witness not personally served.
19-5-12      Punishment for contempt by witness.
19-5-13      Application for discharge of imprisoned witness.
19-5-14      Civil liability of witness for failure to attend or give testimony.
19-5-15      Repealed.
19-5-16      Fraud or deceit to affect testimony of witness as misdemeanor.

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 case involving violation of a state law, witness fees on the part of the state shall be paid by the proper county, and the fees of any material witness on the part of the defendant shall be paid by the county unless otherwise ordered by the court. In any case involving violation of an ordinance, the local unit of government passing the ordinance shall pay the witness fees unless otherwise ordered by the court.

However, no person may receive witness fees if serving a period of incarceration in a state, county, or municipal facility at the time that person appears as a witness.

Source: SDC 1939, § 36.0401; SL 1955, ch 134; SL 1974, ch 153, § 35; SL 1980, ch 171; SL 1983, ch 164; SL 1986, ch 169, § 1; SL 1991, ch 178; SL 1999, ch 109, § 1.

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 action on behalf of the state or any political subdivision thereof, including municipalities of the first class, provided, however, that whenever such person is required to testify and give evidence in a place other than that of his official residence, he shall be paid his actual and necessary expenses including mileage at the same rate currently effective in the state travel regulations adopted by the State Board of Finance for each mile necessarily traveled and provided further that this section shall not apply to any officer or employee of the state or any political subdivision thereof including municipalities of the first class whose compensation as such officer or employee is paid in whole by fees provided for by law.

Source: SL 1939, ch 142; SL 1955, ch 135; SDC Supp 1960, § 36.0406; SL 1992, ch 60, § 2.

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; CL 1887, § 5274; RCCivP 1903, § 500; RC 1919, § 2747; SDC 1939 & Supp 1960, § 36.0404.

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 this state, witnesses may be compelled to appear and testify in the same manner and by the same process and proceedings as may be employed for the purpose of taking testimony in proceedings pending in this state.

This section may be cited as the Uniform Foreign Depositions Act.

Source: SL 1921, ch 413, §§ 1, 3; SDC 1939 & Supp 1960, § 36.0502.

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.

Source: CCivP 1877, § 458; CL 1887, § 5272; RCCivP 1903, § 498; RC 1919, § 2745; SDC 1939 & Supp 1960, § 36.0108; SL 1999, ch 110, § 1.

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 in the custody of the officer in charge of the inmate, and the officer in charge shall afford reasonable facilities for the taking of the deposition. If the court orders that an inmate be present for oral examination in a county other than where the inmate is housed, the county where the action is venued is responsible for the transport of the inmate.

Source: CCivP 1877, §§ 458, 459; CL 1887, §§ 5272, 5273; RCCivP 1903, §§ 498, 499; RC 1919, §§ 2745, 2746; SDC 1939 & Supp 1960, § 36.0108; SL 1999, ch 110, § 2.

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 1877, § 453; CL 1887, § 5267; RCCivP 1903, § 493; RC 1919, § 2740; SDC 1939 & Supp 1960, § 36.0304.

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, commanding him to arrest and bring the person therein named before the court or officer, at a time and place to be fixed in the attachment, to give his testimony and answer for the contempt.

Source: CCivP 1877, § 454; CL 1887, § 5268; RCCivP 1903, § 494; RC 1919, § 2741; SDC 1939 & Supp 1960, § 36.0305.

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 must specify particularly the cause of the arrest or commitment; and if the commitment be for refusing to answer a question, such question must be stated in the order. Such order of commitment may be directed to the sheriff, coroner, or any constable of the county where such witness resides or may be at the time, and shall be executed by committing him to the jail of such county, and delivering a copy of the order to the jailer.

Source: CCivP 1877, § 457; CL 1887, § 5271; RCCivP 1903, § 497; RC 1919, § 2744; Supreme Court Rule 508, 1939; SDC 1939 & Supp 1960, § 36.0307.

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 back of the attachment, and if no such sum is fixed and endorsed, it shall be one hundred dollars.

Source: CCivP 1877, § 454; CL 1887, § 5268; RCCivP 1903, § 494; RC 1919, § 2741; SDC 1939 & Supp 1960, § 36.0305.

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. In other cases the court or officer may fine a witness in a sum not exceeding fifty nor less than five dollars, or may imprison him in the county jail, there to remain until he shall submit to be sworn, testify, or give his deposition.

Source: CCivP 1877, § 455; CL 1887, § 5269; RCCivP 1903, § 495; RC 1919, § 2742; SDC 1939 & Supp 1960, § 36.0306.

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; RCCivP 1903, § 496; RC 1919, § 2743; SDC 1939 & Supp 1960, § 36.0306.

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; SDC 1939 & Supp 1960, § 36.0306.