Netter v. NetterAnnotate this Case
The Supreme Court affirmed the decision of the circuit court dismissing an out-of-state subpoena proceeding as moot, holding that the circuit court properly dismissed the proceedings.
During a divorce proceeding in Connecticut between Donald Netter and Stephanie Netter, Stephanie served an out-of-state subpoena duces cecum on South Dakota Trust Company LLC (SDTC) seeking information from certain South Dakota trusts administered by SDTC. Stephanie later filed a motion for a protective order and scheduled a hearing with the South Dakota circuit court because the SDTC and Stephanie were unable to reach an agreement concerning the terms of a protective order for the information sought. SDTC requested additional protections. Before the hearing, Stephanie sought to withdraw the subpoena and the motion for protective order, indicating that the subpoena was no longer necessary. The circuit court allowed Stephanie to withdraw her motion for protective order and dismissed the action for lack of jurisdiction and on mootness grounds. The Supreme Court affirmed, holding that because the dispute relating to the out-of-state subpoena was the sole controversy before the circuit court and because Stephanie withdrew her subpoena, there was no longer a dispute before the circuit court, and the matter was moot.