STATE BY & THROUGH DEPT. OF TRANSP. v. Grudnik

ANDERST, Circuit Judge.

This is an intermediate appeal from an order of the circuit court. It involves an interpretation of the South Dakota Rules of Civil Procedure concerning the taking of a pretrial discovery-deposition of the opponent’s expert witness and requiring him to produce designated books, papers, documents, or tangible things which are in his possession, custody or control.

Plaintiff, State of South Dakota, brought a condemnation proceeding for the acquisition of land and temporary easements needed for the reconstruction of a bridge and abutting highway over Rapid Creek in Rapid…