South Dakota Supreme Court
Gibson v. Gibson
July 1, 20262026 S.D. 43
Summary
The court affirmed dismissal of the action with prejudice as a sanction for repeated subpoena violations, including obtaining a nonparty's medical records while a motion to quash was pending. It held that the governing subpoena rule contemplates delaying compliance until the court can exercise supervisory authority and that the attorney's bad-faith misuse of that authority satisfied the egregious-conduct requirement for involuntary dismissal. The court also affirmed denial of reconsideration after concluding the circuit court had carefully reconsidered whether dismissal was justified.