2013 South Dakota Codified Laws
Title 37 - TRADE REGULATION
Chapter 01 - Restraint Of Trade, Monopolies And Discriminatory Trade Practices
§ 37-1-11.1 Demand by attorney general to produce evidence relating to violations--Service--Contents.


SD Codified L § 37-1-11.1 (2013) What's This?

37-1-11.1. Demand by attorney general to produce evidence relating to violations--Service--Contents. If the attorney general has reasonable cause to believe that a person has information or is in possession, custody, or control of any document or other tangible object relevant to an investigation for violation of this chapter, he may serve upon the person, before bringing any action in circuit court, a written demand to appear and be examined under oath, to answer written interrogatories under oath, and to produce the document or object for inspection and copying. The demand shall:

(1) Be served upon the person in the manner required for service of process in this State or by registered or certified mail;

(2) Describe the nature of the conduct constituting the violation under investigation;

(3) Describe the class or classes of documents or objects with sufficient definiteness to permit it to be fairly identified;

(4) Contain a copy of the written interrogatories;

(5) Prescribe a reasonable time at which the person must appear to testify, within which to answer the written interrogatories, and within which the document or object must be produced, and advise the person that objections to or reasons for not complying with the demand may be filed with the attorney general on or before that time;

(6) Specify a place for the taking of testimony or for production and designate a person who shall be custodian of the document or object; and

(7) Contain a copy of § 37-1-11.2.
Source: SL 1977, ch 305, § 6.

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