Rule 55:09:04:09 Court and jury leave.
55:09:04:09. Court and jury leave.
If an employee is subpoenaed to testify in any civil or criminal proceeding
because of the employee's official capacity, the employee shall receive the
employee's regular salary without loss of leave credits and may receive actual
expenses according to state rates, but may not receive witness fees. If an
employee is a party to or a witness in private litigation not related to his or
her official capacity, the employee shall use vacation leave or leave without
pay. If an employee is summoned to serve on a jury, the employee shall receive
the employee's regular salary without loss of leave credits and the per diem
and mileage provided for by SDCL 16-13-46. An employee summoned either as a witness or a juror shall notify the employee's supervisor at once.
Source: 39 SDR 99, effective December 3,
General Authority: SDCL 3-6C-18.
Law Implemented: SDCL 3-6C-18.
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