All records of program participants are confidential and are not subject to discovery or subpoena. Only authorized program personnel may have access to participant records unless the participant voluntarily provides for written release of the information. A board may only have access to records of participants who were referred by the board, who refused to cooperate with the program, or who have been terminated by the program.

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Terms Used In South Dakota Codified Laws 36-2A-12

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Subpoena: A command to a witness to appear and give testimony.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2

Source: SL 1996, ch 227, § 12; SL 2013, ch 171, § 12; SL 2021, ch 170, § 13.