S.D. Codified Laws § 15-26A-66 — SD Code / Title 15 / Chapter 26A / Section 15-26A-66
Length of briefs
Status: in_force

(a) Monospaced Typeface. Appellant and appellee briefs in monospaced typeface shall not exceed forty pages. A reply brief and amicus curiae brief shall not exceed twenty pages. A supplemental brief shall not exceed ten pages. Monospaced type shall be no more nor no less than ten characters per inch (10 cpi).

(b) Proportionally Spaced Typeface. Appellant and appellee briefs in proportionally spaced typeface shall not exceed thirty-two pages. A reply brief and amicus curiae brief shall not exceed sixteen pages. A supplemental brief shall not exceed five pages. Nonetheless, briefs may exceed these page limitations if they otherwise comply with the type volume limitations in § 15-26A-66(b)(2). A proportionally spaced typeface must include serifs, but sans serif type may be used in headings and captions. A proportionally spaced typeface must be 12-point or larger, in both body text and footnotes.

(1) Type Style. Briefs must be set in a plain, roman style, although italics may be used for emphasis. Case names must be italicized or underlined. Boldface can only be used for case captions, section names, and argument headings. The use of all-capitals text may be applied only for case captions and section names. Nevertheless, quoted passages may use the original type styles and capitalization.

(2) Type Volume Limitation. Appellant and appellee briefs are acceptable if they contain no more than the greater of 10,000 words or 50,000 characters. A reply brief and amicus curiae brief are acceptable if they contain no more than half the type volume specified for appellant and appellee briefs.

(3) Headings, footnotes, and quotations count toward the word and character limitations. The table of contents, table of cases, jurisdictional statement, statement of legal issues, any addendum materials, and any certificates of counsel do not count toward the limitations.

(4) Certificate of Compliance. A brief submitted under § 15-26A-66(b) must include a certificate by the attorney, or an unrepresented party, that the brief complies with the type volume limitation. The certificate must state the number of words or characters in the brief. The person preparing the certificate may rely on the word or character count of the word-processing system used to prepare the brief.

(c) Upon approval of the Supreme Court, page or word limitations for briefs may be exceeded. A written request for such approval to exceed limitations shall be filed at least ten days prior to the filing date of the brief, specifying in detail the reasons why additions are necessary and stating the number of additional pages or words requested.

Source: Supreme Court Rule 79-1, Rule 12 (7); SDCL Supp, § 15-26A-48 ; Supreme Court Rule 80-3; SL 1993, ch 394 (Supreme Court Rule 93-11); SL 1999, ch 278.
S.D. Codified Laws § 15-39-75 — SD Code / Title 15 / Chapter 39 / Section 15-39-75
Grounds for vacation of judgment and stay of execution--Repayment ordered
Status: in_force

The court may at any time after entry of judgment, upon motion, and after such notice, by mail or otherwise, as it may order, for cause shown, vacate any judgment entered under this procedure, for want of actual notice to a party, for error or for any other cause that the court may deem sufficient, and may stay or supersede execution.

The court may also order the repayment of anything collected under such judgment, and may enter judgment and issue execution therefor; but no order shall affect the title of any bona fide holder for value under said judgment.

Source: SDC 1939 & Supp 1960, § 33.4118; SDCL, § 15-39-40; Supreme Court Rule 81-4.
S.D. Codified Laws § 15-2-4 — SD Code / Title 15 / Chapter 2 / Section 15-2-4
Accrual of cause of action on open account
Status: in_force

In an action brought to recover a balance due upon a mutual, open, and current account where there have been reciprocal demands between the parties, the cause of action shall be deemed to have accrued from the time of the last item proved in the account on either side.

Source: SDC 1939 & Supp 1960, § 33.0236.
S.D. Codified Laws § 15-30-7 — SD Code / Title 15 / Chapter 30 / Section 15-30-7
Discretionary allowance of costs on appeal
Status: in_force

In the following cases the costs of an appeal must be in the discretion of the Supreme Court:

(1) When a new trial shall be ordered;

(2) When a judgment shall be affirmed in part and reversed in part.

Source: SDC 1939 & Supp 1960, § 33.0713.
S.D. Codified Laws § 15-2-5.1 — SD Code / Title 15 / Chapter 2 / Section 15-2-5.1
Limitation of action to challenge validity on nonjudicial foreclosure of real property mortgage
Status: in_force

An action to challenge the validity of proceedings for the nonjudicial foreclosure of a mortgage on real property, or an action to challenge the validity of a title derived from such proceedings, may be commenced only within one year from the date the sheriff's certificate of sale was recorded in the office of the register of deeds of the county or counties where the affected real property is situated.

Source: SL 1982, ch 166.
S.D. Codified Laws § 15-2-35 — SD Code / Title 15 / Chapter 2 / Section 15-2-35
Action against real estate appraiser or employee for malpractice, error, mistake, or omission
Status: in_force

No action may be brought against a licensed real estate appraiser, or any agent or employee thereof, for malpractice, error, mistake, or omission, whether based upon contract or tort, unless it is commenced within three years of the occurrence of the alleged malpractice, error, mistake, or omission. The term, real estate appraiser, includes any real estate appraiser who is certified, licensed, or registered pursuant to chapter 36-21B . This section is prospective in application.

Source: SL 2007, ch 130, § 1.
S.D. Codified Laws § 15-7-10 — SD Code / Title 15 / Chapter 7 / Section 15-7-10
Service on secretary of transportation for nonresident or absent aircraft operator--Fee--Forwarding to defendant--Service without the state--Time for appearance by defendant--Record of process served
Status: in_force

Service of process as authorized by § 15-7-9 shall be made by serving a copy thereof upon the secretary of transportation or by filing a copy in his office, together with the payment of a fee of two dollars and shall be completed by the plaintiff, his agent, or attorney within ten days after such filing, forwarding to the defendant by registered or certified mail at the defendant's last known post office address, notice of such service and a copy of the process. In lieu of such mailing, such process may be served upon the defendant personally without the state at any time within thirty days after such filing of such process. The time within which the defendant may appear shall not commence to run until such mailing or such personal service without the state. The secretary of transportation shall keep a record of all such process so served, such record to show the day and hour of such service. The fee of two dollars paid by the plaintiff to such director shall be taxed in his costs if he prevails.

Source: SDC 1939, § 2.9905 as enacted by SL 1949, ch 8, § 3; SDC Supp 1960, § 2.0116.
S.D. Codified Laws § 15-26A-43 — SD Code / Title 15 / Chapter 26A / Section 15-26A-43
Failure to pay after affirmance of judgment as breach of undertaking
Status: in_force

In all cases a neglect for the space of thirty days after the affirmance on appeal of a judgment directing the payment of money and the filing of the remittitur in the trial court to pay the amount directed to be paid on such affirmance, shall be deemed a breach of the undertaking on such appeal.

Source: SDC 1939 & Supp 1960, § 33.0728; SDCL, § 15-28-7.
S.D. Codified Laws § 15-30-1 — SD Code / Title 15 / Chapter 30 / Section 15-30-1
Remand to trial court to permit motion for new trial
Status: in_force

Whenever, after appeal to the Supreme Court, it shall appear to the satisfaction of the Supreme Court upon application of a party that the ends of justice require that such party should be permitted to make a motion for a new trial for a cause set forth in subdivision 15-6-59(a) (1), (2), (3), or (4), and that sufficient excuse exists for not having made said motion prior to the appeal, the Supreme Court may remand the record to the trial court for the purpose of making such motion, but no such remand shall be made unless such motion can be made and hearing thereon had in the trial court within sixty days from and after the date on which the time for appeal commences unless the Supreme Court extends the time for good cause shown.

Source: SDC 1939 & Supp 1960, § 33.0711; Supreme Court Rule 84-4; SL 2022, ch 256 (Supreme Court Rule 22-03), eff. Feb. 1, 2022.
S.D. Codified Laws § 15-17-43 — SD Code / Title 15 / Chapter 17 / Section 15-17-43
Attorneys' fees allowable in hearing contesting validity of taxation of disbursements
Status: in_force

A circuit court may allow attorneys' fees to the prevailing party in a hearing contesting the validity of the taxation of disbursements pursuant to § 15-6-54(d) if it finds the taxation or part of the taxation of the disbursements was without legal basis or the contestation or part of the contestation of the taxation of the disbursements was without legal basis.

Source: SL 1992, ch 148, § 8.
S.D. Codified Laws § 15-18-38 — SD Code / Title 15 / Chapter 18 / Section 15-18-38
Payment of execution proceeds to judgment creditor
Status: in_force

After first paying his costs and expenses the officer shall pay to the judgment creditor the proceeds of sale, or of moneys appropriated, or so much thereof as will satisfy the execution.

Source: SDC 1939 & Supp 1960, § 33.1920.
S.D. Codified Laws § 15-40-3 — SD Code / Title 15 / Chapter 40 / Section 15-40-3
Special motion for expedited relief
Status: in_force

No later than sixty days after a party is served with a complaint, crossclaim, counterclaim, third-party complaint, or other pleading that asserts a cause of action to which the provisions of this chapter apply, or at a later time upon a showing of good cause, the party may file a special motion for expedited relief to dismiss the cause of action or part of the cause of action.

Source: SL 2026, ch 91, § 3.
S.D. Codified Laws § 15-5-5 — SD Code / Title 15 / Chapter 5 / Section 15-5-5
Venue of actions on contracts and bonds other than fidelity bond issued by domestic company
Status: in_force

Actions on contracts, surety bonds, or bonds of indemnity or liability, other than those referred to in § 15-5-4 , issued by any such company or companies shall be brought and tried in the county where the indemnified resides at the time said action is commenced; or in the county where such liability or loss indemnified by such contract or bond occurred.

Source: SDC 1939, § 33.0302; SL 1943, ch 123.
S.D. Codified Laws § 15-15-12 — SD Code / Title 15 / Chapter 15 / Section 15-15-12
Transcript of voir dire proceeding only available for inspection at courthouse
Status: in_force

In order to protect the confidentiality of private juror information the transcript of any voir dire proceeding shall not be made available to the public except through inspection at the courthouse unless otherwise ordered by the court.

Source: SL 2015, ch 268 (Supreme Court Rule 15-06), eff. July 1, 2015.
S.D. Codified Laws § 15-2-14.5 — SD Code / Title 15 / Chapter 2 / Section 15-2-14.5
Time for bringing action against veterinarian--Counterclaims
Status: in_force

An action against a veterinarian or any member of a veterinarian's staff for malpractice, error, mistake, or failure to cure, whether based upon contract or tort, may be commenced only within three years after the alleged malpractice, error, mistake, or failure to cure has occurred. However, the provisions of this section do not prohibit any counterclaim for malpractice, error, mistake, or failure to cure, as a defense to any action for services brought by a veterinarian.

Source: SL 2001, ch 100, § 1.
S.D. Codified Laws § 15-2-14.4 — SD Code / Title 15 / Chapter 2 / Section 15-2-14.4
Time for bringing action against licensed public accountant
Status: in_force

Any action against a licensed public accountant or the accountant's agent or employee, for malpractice, error, mistake, or omission, whether based on contract or tort, may be commenced only within three years after the alleged malpractice, error, mistake or omission has occurred unless the Department of Revenue or Internal Revenue Service conducts an audit, or issues a notice of intent to conduct an audit, in which case the action shall be commenced within four years. This section is prospective in application.

Source: SL 1987, ch 153; SL 1996, ch 141; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 15-15A-15 — SD Code / Title 15 / Chapter 15A / Section 15-15A-15
Fees for accessing court records
Status: in_force

The Supreme Court may charge a fee for access to and copies of court records in electronic form, for remote access or compiled information. The fee shall be reasonable and may include costs for labor, materials and supplies. Fees for record searches are set forth in § 16-2-29.5 . Some entities, and other entities under certain conditions, are exempt from paying a record search fee pursuant to § 16-2-29 . Copying and certification fees shall be charged as determined by statute or Supreme Court Rule.

Source: SL 2004, ch 333 (Supreme Court Rule 04-06), eff. July 1, 2004; SDCL § 15-15A-12 ; SL 2005, ch 291 (Supreme Court Rule 05-05), eff. Feb. 25, 2005.
S.D. Codified Laws § 15-38-31 — SD Code / Title 15 / Chapter 38 / Section 15-38-31
(Rule 4(b)) Correction of record
Status: in_force

If anything material to either party is omitted from the record or is misstated therein, the parties by stipulation, or the magistrate or circuit court, on motion by a party or on its own initiative, may direct the record be corrected.

Source: Supreme Court Rule 78-4, Rule 4 (b).
S.D. Codified Laws § 15-9-8 — SD Code / Title 15 / Chapter 9 / Section 15-9-8
Service by publication in actions for divorce, annulment, child custody, and paternity
Status: in_force

The court may grant an order pursuant to § 15-9-7 in an action for divorce, a decree annulling a marriage, a child custody action, or an action to establish paternity.

Source: SDC 1939 & Supp 1960, § 33.0812 (6); SL 2017, ch 90, § 1.
S.D. Codified Laws § 15-26A-2 — SD Code / Title 15 / Chapter 26A / Section 15-26A-2
Suspension of rules
Status: in_force

In the interest of expediting decision in cases of pressing concern to the public or to litigants, or for other good cause shown, the Supreme Court, except as otherwise provided in § 15-26A-92 , may suspend the requirement or provision of these rules on application of a party or on its own motion and may order proceedings in accordance with its direction.

Source: Supreme Court Rule 79-1, Rule 2.
S.D. Codified Laws § 15-26A-92 — SD Code / Title 15 / Chapter 26A / Section 15-26A-92
Enlargement of time
Status: in_force

The Supreme Court for good cause shown may upon motion enlarge or extend the time prescribed by this chapter for doing any act or may permit an act to be done after the expiration of such time; but the Supreme Court may not enlarge the time for filing or serving a notice of appeal.

Source: Supreme Court Rule 79-1, Rule 16; SDCL Supp, § 15-26A-68 ; SL 2013, ch 263 (Supreme Court Rule 13-02), eff. Feb. 14, 2013.
S.D. Codified Laws § 15-19-5 — SD Code / Title 15 / Chapter 19 / Section 15-19-5
Time and place of sale of personal property--Access of bidders to property--Notice of place
Status: in_force

Sales of personal property under execution may be made on any day except Sunday and shall be made between the hours of nine in the morning and ten in the evening.

Such sales may be made at the front door of the courthouse or at any other public place within the county or at any private place, provided that public access thereto for inspection, bidding, and removal of the property is freely given at all times after the publication of the notice of sale and a reasonable time thereafter for removal of the property, and provided that all places fixed for a sale shall be described with certainty in the notice so that the public generally may readily locate the same.

Source: SDC 1939 & Supp 1960, § 33.2004; SL 1986, ch 166.
S.D. Codified Laws § 15-40-6 — SD Code / Title 15 / Chapter 40 / Section 15-40-6
Stay--Exclusions
Status: in_force

A stay under § 15-40-4 does not apply to:

(1) A motion under § 15-40-12 for costs, attorney fees, and expenses; or

(2) A party's ability to voluntarily dismiss a cause of action or part of a cause of action, or a motion to sever a cause of action.

Source: SL 2026, ch 91, § 6.
S.D. Codified Laws § 15-6-73 — SD Code / Title 15 / Chapter 6 / Section 15-6-73
Discovery in expedited civil actions
Status: in_force

(1) Discovery period. Except upon agreement of the parties or leave of court granted upon a showing of good cause, all discovery must be completed no later than 60 days before trial.

(2) Limited and simplified discovery procedures. Except upon agreement of the parties or leave of court granted upon a showing of good cause, discovery in expedited civil actions is subject to the following additional limitations:

(A) Interrogatories to parties. Each side may serve no more than 10 interrogatories, including all discrete subparts, on any other side under § 15-6-33 .

(B) Production of documents. Each side may serve no more than 10 requests for production, including all discrete subparts, on any other side under § 15-6-34 .

(C) Requests for admission. Each side may serve no more than 10 requests for admission, including all discrete subparts, on any other side under § 15-6-36 . This limit does not apply to requests for admission of the genuineness of documents that the party intends to offer into evidence at trial.

(D) Depositions upon oral examination.

(i) Parties. One deposition of each party may be taken. With regard to corporations, partnerships, voluntary associations, or any other groups or entities named as a party, one representative deponent may be deposed.

(ii) Other deponents. Each side may take the deposition of up to two nonparties.

(3) Number of expert witnesses. Each side is entitled to one retained expert, except upon agreement of the parties or leave of court granted upon a showing of good cause.

(4) Motion for leave of court. A motion for leave of court to modify the limitations provided in this section must be in writing and must set forth the proposed additional discovery and the reasons establishing good cause for its use.

Source: SL 2016, ch 238 (Supreme Court Rule 15-16 ), eff. Jan. 1, 2016.
S.D. Codified Laws § 15-30-13 — SD Code / Title 15 / Chapter 30 / Section 15-30-13
Judgment in trial court for costs and damages
Status: in_force

Upon the decision of any appeal in a civil action or proceeding by the Supreme Court and filing of the remittitur with the clerk of the court from which the appeal was taken, such clerk shall forthwith enter the judgment in favor of the successful party for the amount of any costs and damages for delay which he may have recovered in the Supreme Court and such judgment shall have the same force and effect as if rendered by the court from which the appeal was taken.

Source: SDC 1939 & Supp 1960, § 33.1713.
S.D. Codified Laws § 15-8-18 — SD Code / Title 15 / Chapter 8 / Section 15-8-18
Restrictions on discharge from contribution obligation by release given by injured party
Status: in_force

A release by the injured person of one joint tort - feasor does not relieve him from liability to make contribution to another joint tort - feasor unless the release is given before the right of the other tort - feasor to secure a money judgment for contribution has accrued, and provides for a reduction, to the extent of the pro rata share of the released tort - feasor, of the injured person's damages recoverable against all the other tort - feasors.

Source: SL 1945, ch 167, § 5; SDC Supp 1960, § 33.04A06.
S.D. Codified Laws § 15-17-56 — SD Code / Title 15 / Chapter 17 / Section 15-17-56
Disbursements taxed by party not prevailing on appeal--Discretion of court
Status: in_force

Disbursements taxed by a party, in the trial court, who did not prevail on appeal, are void. The trial court may, in its discretion, in the interest of justice, allow the taxation of disbursements by a party who prevailed in the trial court but lost the appeal.

Source: SL 1992, ch 148, § 21.
S.D. Codified Laws § 15-26A-57 — SD Code / Title 15 / Chapter 26A / Section 15-26A-57
Time for transmission of record--Temporary delay--Documents of unusual bulk or weight and physical exhibits--Motion for intermediate orders
Status: in_force

When the briefs have been served and filed in the Supreme Court, or the time for filing briefs has expired, the clerk of the Supreme Court shall so notify the clerk of the trial court in writing, and the clerk of the trial court shall then forthwith transmit the record on appeal to the clerk of the Supreme Court. Transmission of the record is effected when the clerk of the trial court mails or otherwise forwards the record to the Supreme Court. The parties, however, by written stipulation, or the Supreme Court acting through its clerk upon motion of a party may order, for cause shown, a temporary delay in the transmission of the settled record not to exceed thirty days. Such stipulation by the parties shall be subject to review and modification by the Supreme Court upon its own motion and order.

All documents which are, in the determination of the clerk of the trial court, of unusual bulk or weight, all physical exhibits other than documents which are not of unusual bulk or weight, and such other parts of the record as the Supreme Court may designate by rule or order, or the parties may designate by written stipulation, shall not be transmitted by the clerk of the trial court as part of the settled record unless he is otherwise directed to do so in writing by the party or the clerk of the Supreme Court. A party so directing must make advanced arrangement with the clerks of the trial court and the Supreme Court for the cost, transportation, and receipt of exhibits of unusual bulk or weight and those others which he directs to be transmitted.

If prior to the time the record is transmitted, a party desires to make in the Supreme Court a motion for dismissal, for relief, for a stay pending appeal, for additional security on bond on appeal, or on a supersedeas bond, or for any intermediate order, the clerk of the trial court at the request of any party shall transmit to the Supreme Court such parts of the original record as any party shall designate.

Source: Supreme Court Rule 79-1, Rule 11 (1); SDCL Supp, § 15-26A-39 ; Supreme Court Rule 82-11.
S.D. Codified Laws § 15-26A-35 — SD Code / Title 15 / Chapter 26A / Section 15-26A-35
Personal sureties--Exceptions--Justification
Status: in_force

Except when the undertaking is with a corporate surety, an undertaking upon an appeal shall be of no effect unless it be accompanied by the affidavit of the sureties, in which each surety shall state that he is worth a certain sum mentioned in such affidavit, over and above all his debts and liabilities, in property within this state not by law exempt from execution, and which sum so sworn to by such sureties shall in the aggregate, be double the amount specified in such undertaking. An appellee may, however, except to the sufficiency of the sureties by service of exception upon appellant within ten days after filing of the bond. Appellant, within the next ten days and upon at least four days' notice to adverse parties, shall produce before the circuit court the sureties who thereupon may be examined on oath by adverse parties as to their sufficiency in such manner as the circuit court deems proper. If the circuit court finds the personal sureties sufficient, it shall endorse its allowance upon the undertakings and cause them to be filed with the clerk. The costs of the justification shall be paid by appellant if the sureties are found insufficient, but if found sufficient, the party or parties excepting to the sureties shall pay the costs of the justification. Unless the sureties justify as so prescribed within the allotted time, the appeal shall be regarded as if no undertaking had been given.

Source: Supreme Court Rule 79-1, Rule 8 (5); SDCL Supp, § 15-26A-24 .
S.D. Codified Laws § 15-24-9 — SD Code / Title 15 / Chapter 24 / Section 15-24-9
Conduct and Attire
Status: in_force

(a) Media representatives are expected to present a neat appearance in keeping with the dignity of the proceedings and be sufficiently familiar with court proceedings to conduct themselves so as not to interfere with the dignity of the proceedings, or to distract counsel or the court. All media personnel shall be properly attired. Clothing and equipment shall not display insignia of the media organization.

(b) All photographing and recording equipment and media representatives must be in place fifteen minutes before the scheduled commencement of the proceeding to be recorded. When court is in session, media representatives will not be permitted to move from the location they have been assigned by the court, change film, lenses or tape, make repairs or otherwise disrupt the proceedings. Equipment shall be installed or removed before proceedings, after proceedings, or during a recess of adequate length to assure that the courtroom will not be disrupted. Media representatives may be removed from the courtroom for failure to comply with this provision of the rules.

Source: Supreme Court Rule 01-08.
S.D. Codified Laws § 15-12-25 — SD Code / Title 15 / Chapter 12 / Section 15-12-25
Restriction to one change--Other parties' rights preserved
Status: in_force

Not more than one change of judge or magistrate shall be granted on request and/or affidavit made by or on behalf of the same party or parties united in interest, but the filing of an affidavit and the first change of judge or magistrate shall not prevent any other party to the action or his attorney from availing himself thereafter under the provisions of §§ 15-12-20 to 15-12-37 , inclusive.

Source: SDC 1939 & Supp 1960, § 33.1207; SDCL, § 15-12-17; Supreme Court Rule No. 75-5, § 6; Supreme Court Rule 82-23.
S.D. Codified Laws § 15-26A-22 — SD Code / Title 15 / Chapter 26A / Section 15-26A-22
Appellee's right to obtain review
Status: in_force

An appellee may obtain review of a judgment or order entered in the same action which may adversely affect him by filing a notice of review and section B of the docketing statement required by subdivision 15-26A-4(2) with the clerk of the Supreme Court within twenty days after the service of the notice of appeal. The clerk of the Supreme Court shall not accept for filing such notice of review unless accompanied by a docketing statement and proof of service of such notice and docketing statement on all other parties. The notice of review shall specify the judgment or order to be reviewed.

Source: Supreme Court Rule 79-1, Rule 6; SDCL Supp, § 15-26A-10 ; SL 1986, ch 446 (Supreme Court Rule 86-11).
S.D. Codified Laws § 15-30-2 — SD Code / Title 15 / Chapter 30 / Section 15-30-2
Reversal, affirmance or modification of judgment or order appealed from--Entry of new judgment or order--New trial--Part of judgment or order appealed from
Status: in_force

Upon an appeal from a judgment or order, the Supreme Court may reverse, affirm, or modify the judgment or order, and may direct the entry of such judgment or order as the court deems required by the record, as to any or all of the parties; and may, if necessary or proper, order a new trial; and if the appeal is from a part of the judgment or order, may reverse, affirm, or modify as to the part appealed from.

Source: SDC 1939 & Supp 1960, § 33.0730.
S.D. Codified Laws § 15-10-2 — SD Code / Title 15 / Chapter 10 / Section 15-10-2
Action pending from time of notice--Time allowed for service of summons
Status: in_force

For the purpose of this chapter an action shall be deemed to be pending from the time of filing the notice referred to in § 15-10-1 ; provided that such notice shall be of no avail unless it shall be followed by the first publication of the summons, or by the personal service thereof, on a defendant within sixty days after such filing.

Source: SDC 1939 & Supp 1960, § 33.0805.
S.D. Codified Laws § 15-17-51.1 — SD Code / Title 15 / Chapter 17 / Section 15-17-51.1
Inmate financial responsibility for state's costs incurred from abuse of court system
Status: in_force

If a court finds that an inmate has acted in a manner specified by the provisions of § 24-2-29.1 , the court shall order the inmate plaintiff to pay the costs incurred by the person or the state in defending the cause of action, including reasonable attorney's fees.

Source: SL 1997, ch 147, § 2.
S.D. Codified Laws § 15-12-33. — SD Code / Title 15 / Chapter 12 / Section 15-12-33.
15-12-33.. Transmittal of copies of order to substitute judge or magistrate and counsel
Status: in_force

When an order appointing a substitute judge or magistrate has been filed with the clerk of the circuit court, that clerk shall notify the appointed judge or magistrate of the appointment by electronic mailing or by personally delivering a copy of such order of appointment and a statement of the case if one has been prepared or requested by the said substitute, and shall provide via electronic or first-class mail a copy of such order of appointment to all parties or to their attorneys of record in the action involved.
S.D. Codified Laws § 15-21-7 — SD Code / Title 15 / Chapter 21 / Section 15-21-7
Amercement alternative to other remedies
Status: in_force

Nothing contained in this chapter shall prevent either party from proceeding against such sheriff or other officer by attachment or other proceeding at his election.

Source: SDC 1939 & Supp 1960, § 33.2505.
S.D. Codified Laws § 15-16-32 — SD Code / Title 15 / Chapter 16 / Section 15-16-32
Setoff of mutual judgments
Status: in_force

Mutual final judgments may be set off, pro tanto, the one against the other by the court upon proper application and notice.

Source: SDC 1939 & Supp 1960, § 33.1720.
S.D. Codified Laws § 15-6-49 — SD Code / Title 15 / Chapter 6 / Section 15-6-49
(b).General verdict accompanied by answer to interrogatories
Status: in_force

The court may submit to the jury, together with appropriate forms for a general verdict, written interrogatories upon one or more issues of fact the decision of which is necessary to a verdict. The court shall give such explanation or instruction as may be necessary to enable the jury both to make answers to the interrogatories and to render a general verdict, and the court shall direct the jury both to make written answers and to render a general verdict. When the general verdict and the answers are harmonious, the appropriate judgment upon the verdict and answers shall be entered pursuant to § 15-6-58 . When the answers are consistent with each other but one or more is inconsistent with the general verdict, judgment may be entered pursuant to § 15-6-58 in accordance with the answers, notwithstanding the general verdict, or the court may return the jury for further consideration of its answers and verdict or may order a new trial. When the answers are inconsistent with each other and one or more is likewise inconsistent with the general verdict, judgment shall not be entered, but the court shall return the jury for further consideration of its answers and verdict or shall order a new trial.

Source: SD RCP, Rule 49 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.The court may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact. In that event the court may submit to the jury written questions susceptible of categorical or other brief answer or may submit written forms of the several special findings which might properly be made under the pleadings and evidence; or it may use such other method of submitting the issues and requiring the written findings thereon as it deems most appropriate. The court shall give to the jury such explanation and instruction concerning the matter thus submitted as may be necessary to enable the jury to make its findings upon each issue. If in so doing the court omits any issue of fact raised by the pleadings or by the evidence, each party waives his right to a trial by jury of the issue so omitted unless before the jury retires the party demands its submission to the jury. As to an issue omitted without such demand the court may make a finding; or, if it fails to do so, it shall be deemed to have made a finding in accord with the judgment on the special verdict.

Source: SD RCP, Rule 49 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 2006, ch 317 (Supreme Court Rule 06-43), eff. July 1, 2006.
S.D. Codified Laws § 15-5A-8 — SD Code / Title 15 / Chapter 5A / Section 15-5A-8
Grand jury proceedings
Status: in_force

At the discretion of the prosecuting attorney, grand jury proceedings, including taking testimony of witnesses, may be conducted by interactive audiovisual device.

Source: SL 2007, ch 301 (Supreme Court Rule 06-69), eff. Jan. 1, 2007.
S.D. Codified Laws § 15-12-37 — SD Code / Title 15 / Chapter 12 / Section 15-12-37
Disqualification on court's own motion
Status: in_force

A judge or magistrate having knowledge of a ground for self - disqualification under the guidelines established by Canon 3E shall not, unless Canon 3F is utilized, await the filing of an affidavit but shall remove himself on written motion to be filed in duplicate by the judge or magistrate with the clerk of courts of the county wherein the action is pending. The clerk of courts shall notify the presiding judge, and the parties or their attorneys in the manner provided by this chapter for notification on filing of an affidavit for change of judge or magistrate.

Source: Supreme Court Rule No. 75-5, § 18; SL 2023, ch 216 (Supreme Court Rule 22-15), eff. Jan. 1, 2023.
S.D. Codified Laws § 15-16A-5 — SD Code / Title 15 / Chapter 16A / Section 15-16A-5
Notice to judgment debtor--Docket entry--Contents of notice--Notice by creditor--Clerk's failure to mail
Status: in_force

Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor's lawyer, if any, in this state. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.

Source: SL 1975, ch 160, § 3.
S.D. Codified Laws § 15-18-31 — SD Code / Title 15 / Chapter 18 / Section 15-18-31
Adverse claim to property levied on--Trial by special jury--Payment and deposit of fees
Status: in_force

If the property levied on be claimed by a third person as his property, the officer may summon from his county six persons qualified as jurors to try the validity of the claim. He must also give notice of the claim and of the time of trial to the plaintiff, who may appear and contest the claim before the jury. The jury and the witnesses must be sworn by the officer; and if their verdict be in favor of the claimant the officer may relinquish the levy unless the judgment creditor give him a sufficient indemnity for proceeding thereon. The fees of the jury, the officer, and the witnesses must be paid by the claimant if the verdict be against him; otherwise by the plaintiff. Each party must deposit with the officer, before the trial, the amount of his fees, and the fees of the jury, and the officer must return to the prevailing party the amount so deposited by him.

Source: SDC 1939 & Supp 1960, § 33.1921; SL 1973, ch 126, § 9.
S.D. Codified Laws § 15-14-29 — SD Code / Title 15 / Chapter 14 / Section 15-14-29
Polling of jury when five-sixths vote sufficient--Dissenting votes
Status: in_force

If neither party in an action provided for in § 15-14-27 requires the jury to be polled, the verdict is complete and the jury shall be discharged from the case. Either party may require the jury to be polled, which shall be done by the court or clerk asking each juror if it is his or her verdict. If more than one answers in the negative, the jury shall be sent out.

Source: SDC 1939 & Supp 1960, § 33.1335; SL 1997, ch 112, § 3.
S.D. Codified Laws § 15-3-22 — SD Code / Title 15 / Chapter 3 / Section 15-3-22
Existing utility lines not affected
Status: in_force

No agreement or judicial determination of adverse possession shall affect existing utility lines.

Source: SL 2018, ch 125, § 3.
S.D. Codified Laws § 15-19-6 — SD Code / Title 15 / Chapter 19 / Section 15-19-6
Property within view of bidders during sale--Designation of place of sale when property not capable of manual delivery
Status: in_force

When the sale is of personal property, capable of manual delivery, it must be within view of those who attend the sale, and when it consists of property not conveniently capable of manual delivery, such as heavy machinery, stocks of goods, or grain in bulk, it may be held at such place as the officer conducting the sale may designate as most likely to enable him to secure the best price therefor. If it consists, in part, of property not capable of manual delivery, the officer conducting the sale shall likewise designate one place of sale most likely to produce the best price and have the property capable of manual delivery there for sale and sell the other property by description or sample.

Source: SDC 1939 & Supp 1960, § 33.2004.
S.D. Codified Laws § 15-26C-4 — SD Code / Title 15 / Chapter 26C / Section 15-26C-4
Electronic service
Status: in_force

(1) All documents filed electronically must be served electronically through the Odyssey® system except for documents served on or by self-represented litigants. On a showing of good cause, an attorney may be granted leave by the Supreme Court to serve paper documents or to be exempt from receiving electronic service.

(2) Electronic service is not effective if the party making service learns that the attempted service did not reach the person to be served.

Source: SL 2014, ch 253 (Supreme Court Rule 13-11), eff. Jan. 1, 2014; SL 2019, ch 225 (Supreme Court Rule 19-04), eff. upon further order of the Supreme Court entered after July 1, 2019; Supreme Court Order dated Aug. 30, 2022; SL 2023, ch 230 (Supreme Court Rule 23-13), eff. Apr. 1, 2023.
S.D. Codified Laws § 15-17-52 — SD Code / Title 15 / Chapter 17 / Section 15-17-52
Limit of taxation of disbursements
Status: in_force

The court may limit the taxation of disbursements in the interests of justice.

Source: SL 1992, ch 148, § 17.
S.D. Codified Laws § 15-9-10 — SD Code / Title 15 / Chapter 9 / Section 15-9-10
Service by publication in lien foreclosure actions
Status: in_force

The court or a judge thereof may grant an order pursuant to § 15-9-7 where the action is for the foreclosure of a lien on real or personal property in this state.

Source: SDC 1939 & Supp 1960, § 33.0812 (4).
S.D. Codified Laws § 15-10-3 — SD Code / Title 15 / Chapter 10 / Section 15-10-3
Constructive notice from filing of notice--Subsequent purchasers and encumbrancers bound
Status: in_force

From the time of filing only shall the pendency of the action be constructive notice to a purchaser or encumbrancer of the property affected thereby. Every person whose conveyance or encumbrance is subsequently executed or subsequently recorded shall be deemed a subsequent purchaser or encumbrancer and shall be bound by all proceedings taken after the filing of such notice, to the same extent as if he were a party to the action.

Source: SDC 1939 & Supp 1960, § 33.0805.
S.D. Codified Laws § 15-26A-78 — SD Code / Title 15 / Chapter 26A / Section 15-26A-78
Default in filing of briefs waived by court without stipulation
Status: in_force

Provided that no order of dismissal has been entered, when there has been default in the serving and filing of a brief, the court may, for good cause, upon application and notice, permit briefs to be served and filed without stipulation of the parties, provided, however, that opposition to said application may be served and filed within seven days after service of said application.

Source: SDC 1939 & Supp 1960, § 33.0746; SDCL, § 15-29-25; Supreme Court Rule 80-2.
S.D. Codified Laws § 15-19-16 — SD Code / Title 15 / Chapter 19 / Section 15-19-16
Real property sale terminated when sufficient amount raised
Status: in_force

When the total amount realized from the sale of one or more distinct farms, tracts, lots, or parcels of real property equals or exceeds the amount necessary to satisfy the judgment, no more property shall be sold.

Source: SDC 1939 & Supp 1960, § 33.2008.
S.D. Codified Laws § 15-40-4 — SD Code / Title 15 / Chapter 40 / Section 15-40-4
Effect of motion on other proceedings--Stay--Expiration--Limited discovery--Appeal
Status: in_force

Except as otherwise provided in §§ 15-40-5 and 15-40-6 , upon the filing of a motion under § 15-40-3 :

(1) All other proceedings between the moving party and responding party, including discovery and a pending hearing or motion, are stayed; and

(2) On further motion by the moving party, the court may stay a hearing or motion involving another party, or discovery by another party, if the hearing or ruling on the motion would adjudicate, or the discovery would relate to, an issue material to the motion under § 15-40-3 .

A stay under this section remains in effect until entry of an order ruling on the motion under § 15-40-3 and expiration of the time under § 15-40-11 for the moving party to appeal the order.

During a stay under this section, the court must allow limited discovery if a party shows that specific information is necessary to establish whether a party has satisfied or failed to satisfy a burden under § 15-40-9 and the information is not reasonably available unless discovery is allowed.

Except as otherwise provided in §§ 15-40-5 and 15-40-6 , if a party appeals from an order ruling on a motion under § 15-40-3 , all proceedings between all parties to the action must be stayed. The stay must remain in effect until the conclusion of the appeal.

Source: SL 2026, ch 91, § 4.
S.D. Codified Laws § 15-2-14 — SD Code / Title 15 / Chapter 2 / Section 15-2-14
Action against sheriff, coroner, or constable--Action for statutory penalty or forfeiture--Action for personal injury
Status: in_force

Except where, in special cases, a different limitation is prescribed by statute, the following civil actions other than for the recovery of real property can be commenced only within three years after the cause of action shall have accrued:

(1) An action against a sheriff, coroner, or constable upon a liability incurred by the doing of an act in his official capacity and in virtue of his office, or by the omission of an official duty, including the nonpayment of money collected upon an execution. But this subdivision shall not apply to an action for an escape;

(2) An action upon a statute for a penalty or forfeiture where the action is given to the party aggrieved, or to such party and the state except where the statute imposing it prescribes a different limitation;

(3) An action for personal injury.

Source: SDC 1939, § 33.0232 (5); SL 1945, ch 144.
S.D. Codified Laws § 15-3-2 — SD Code / Title 15 / Chapter 3 / Section 15-3-2
Seizin or possession within twenty years required for cause of action or defense based on title to real property
Status: in_force

No cause of action or defense to an action founded upon the title to real property or to rents or services out of the same, shall be effectual unless it appear that the person prosecuting the action or making the defense, or under whose title the action is prosecuted or the defense is made, or the ancestor, predecessor, or grantor of such person, was seized or possessed of the premises in question within twenty years before the committing of the act in respect to which such action is prosecuted or defense made.

Source: SDC 1939 & Supp 1960, § 33.0218.
S.D. Codified Laws § 15-19-17 — SD Code / Title 15 / Chapter 19 / Section 15-19-17
Title acquired by purchaser of real property--Right of redemption
Status: in_force

Upon a sale of real property the purchaser is substituted to, and acquires all the right, title, interest, and claim of the judgment debtor thereto; and when the estate is less than a leasehold of two years unexpired term, the sale is absolute. In all other cases the real property is subject to redemption as provided in this code.

Source: SDC 1939 & Supp 1960, § 33.2009.
S.D. Codified Laws § 15-26A-70.1 — SD Code / Title 15 / Chapter 26A / Section 15-26A-70.1
Pro se filings by party represented by counsel
Status: in_force

In any appeal where a party is represented by counsel, the clerk of the Supreme Court shall not accept for filing any pro se briefs, pleadings, motions or other documents. In the event that such documents are presented for filing, the clerk shall acknowledge receipt and notify the party, and those the party has served such documents upon, that the documents are not being filed pursuant to this rule. The clerk shall notify counsel of record of the receipt of the documents and their return, including with the notification copies of such documents. This rule shall not apply to pro se pleadings or documents directed to the court concerning the performance of appellate counsel or briefs filed pursuant to State v. Korth, 2002 SD 101, 650 N.W.2d 528.

Source: SL 2009, ch 279 (Supreme Court Rule 08-09), eff. Nov. 1, 2008.
S.D. Codified Laws § 15-16-41 — SD Code / Title 15 / Chapter 16 / Section 15-16-41
Form of application for discharge of judgment
Status: in_force

The application shall be in substantially the following form:

Source: SL 2012, ch 110, § 5.
S.D. Codified Laws § 15-26A-75 — SD Code / Title 15 / Chapter 26A / Section 15-26A-75
Time for serving and filing briefs
Status: in_force

(1) Appellant's brief. If a transcript is obtained prior to appeal, or if no transcript is ordered, the appellant's brief shall be due within forty-five days after service of the notice of appeal. If a transcript is ordered but not received prior to appeal, or if procedures pursuant to § 15-26A-54 or 15-26A-55 are followed, the appellant's brief shall be due within forty-five days after service of the transcript or filing of the statements provided for in § 15-26A-54 or 15-26A-55 .

(2) Appellee's brief. The appellee's brief shall be due for service and filing within forty-five days after service of the appellant's brief, or in the case of multiple appellants, within forty-five days after service of the last appellant's brief.

(3) Appellant's reply brief. The appellant's reply brief shall be due for service and filing within thirty days after service of the appellee's brief, or in the case of multiple appellees, within thirty days after service of the last appellee's brief.

In any appeal from a judgment or order in an adoption or an abuse and neglect proceeding, including a judgment or order terminating parental rights, all time periods under subdivisions (1) and (2) of this section shall be reduced to twenty-five days, and the time period under subdivision (3) shall be reduced to fifteen days.

Source: Supreme Court Rule 79-1, Rule 14 (1); SDCL Supp, § 15-26A-55 ; Supreme Court Rule 80-3; Supreme Court Rule 80-8; SL 1990, ch 424 (Supreme Court Rule 89-6); Supreme Court Rule 97-11; SL 2007, ch 307 (Supreme Court Rule 06-75), eff. Jan. 1, 2007; SL 2020, ch 247 (Supreme Court Rule 19-17 ), eff. Sept. 6, 2019.
S.D. Codified Laws § 15-15A-6 — SD Code / Title 15 / Chapter 15A / Section 15-15A-6
Court records that are only publicly available at a court facility
Status: in_force

A request to limit public access to information in a court record to a court facility in the jurisdiction may be made by any party to a case, an individual identified in the court record, or on the court's own motion. For good cause, the court will limit the manner of public access. In limiting the manner of access, the court will use the least restrictive means that achieves the purposes of this access rule and the needs of the requestor.

Source: SL 2004, ch 333 (Supreme Court Rule 04-06), eff. July 1, 2004; SL 2005, ch 291 (Supreme Court Rule 05-05), eff. Feb. 25, 2005.
S.D. Codified Laws § 15-26A-8 — SD Code / Title 15 / Chapter 26A / Section 15-26A-8
New trial motion not required for review on insufficiency of evidence or error of law
Status: in_force

Such of the matters specified in subdivisions 15-6-59(a)(6) and (7) as may have been timely presented to the trial court by motion for directed verdict, request for findings, or other apt motion, offer, or objection may be reviewed on appeal from the judgment without necessity for an application for new trial.

Source: SDC 1939 & Supp 1960, § 33.0710; SDCL, § 15-26-20; SL 1978, ch 178, § 569.
S.D. Codified Laws § 15-40-13 — SD Code / Title 15 / Chapter 40 / Section 15-40-13
Construction and application of chapter
Status: in_force

The provisions of this chapter must be broadly construed and applied to protect the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association, guaranteed by the United States Constitution and the South Dakota Constitution.

Source: SL 2026, ch 91, § 13.
S.D. Codified Laws § 15-6-28.5 — SD Code / Title 15 / Chapter 6 / Section 15-6-28.5
Deposition, production, inspection, witness fees, expenses, place of examination, attendance where required
Status: in_force

All other provisions of § 15-6-45 shall also apply to subpoenas issued under §§ 15-6-28.1 to 15-6-28.6 , inclusive.

Source: SL 2012, ch 256 (Supreme Court Rule 12-02), eff. July 1, 2012.
S.D. Codified Laws § 15-19-23 — SD Code / Title 15 / Chapter 19 / Section 15-19-23
Time allowed for redemption from sale of real property--Foreclosure provisions unaffected
Status: in_force

If no redemption be made within one year after the sale, the purchaser or his assignee is entitled to a conveyance; or, if so redeemed, whenever sixty days have lapsed and no other redemption has been made, and notice thereof given, and the time for redemption has expired, the last redemptioner, or his assignee, is entitled to a sheriff's deed; but in all cases the judgment debtor shall have the entire period of one year from the date of the sale to redeem the property.

This section shall not affect the provisions of law relating to the postponement of the period of redemption in foreclosure cases.

Source: SDC 1939 & Supp 1960, § 33.2201.
S.D. Codified Laws § 15-10-1 — SD Code / Title 15 / Chapter 10 / Section 15-10-1
Notice of action affecting real property filed with register of deeds--Contents of notice--Foreclosure actions governed by specific statutes
Status: in_force

In an action affecting the title to real property, the plaintiff, at the time of filing the complaint or at any time afterwards, or the defendant, when he sets up an affirmative cause of action in his answer and demands substantive relief, at the time of filing his answer or at any time afterwards, if the same be intended to affect real property, may file for record with the register of deeds of each county in which the real property is situated a notice of the pendency of the action, containing the names of the parties, the object of the action, and the description of the real property in that county affected thereby; but if the action be for the foreclosure of a mortgage, or the enforcement of a mechanic's or miner's lien, no such notice need be filed, except as may be specifically provided by the statutes relating thereto.

Source: SDC 1939 & Supp 1960, § 33.0805.
S.D. Codified Laws § 15-3-11 — SD Code / Title 15 / Chapter 3 / Section 15-3-11
Acts constituting adverse possession based on written instrument or judgment
Status: in_force

For the purpose of constituting an adverse possession by any person claiming a title founded upon a written instrument, or a judgment, or a decree, land shall be deemed to have been possessed and occupied in the following cases:

(1) Where it has been usually cultivated or improved;

(2) Where it has been protected by a substantial inclosure;

(3) Where, although not inclosed, it has been used for the supply of fuel or of fencing timber for the purposes of husbandry, or the ordinary use of the occupant; or

(4) Where a known farm or a single lot has been partly improved, the portion of such farm or lot that may have been left not cleared or not inclosed according to the usual course and custom of the adjoining country shall be deemed to have been occupied for the same length of time as the part improved and cultivated.

Source: SDC 1939 & Supp 1960, § 33.0222.
S.D. Codified Laws § 15-38-36 — SD Code / Title 15 / Chapter 38 / Section 15-38-36
(Rule 6(a)) Form of briefs
Status: in_force

The briefs shall be prepared in the form and manner prescribed for appeals to the Supreme Court unless otherwise set by rule of the circuit court.

Source: Supreme Court Rule 78-4, Rule 6 (a).
S.D. Codified Laws § 15-16-1 — SD Code / Title 15 / Chapter 16 / Section 15-16-1
Judgment for possession or damages in action for recovery of personal property
Status: in_force

In an action to recover the possession of personal property, the judgment for the plaintiff may be for the possession, or for the recovery of possession, or the value thereof in case a delivery cannot be had, and of damages for the detention. If the property has been delivered to the plaintiff, and the defendant claim a return thereof, judgment for the defendant may be for a return of the property, or the value thereof in case a return cannot be had, and damages for taking and withholding the same.

Source: SDC 1939 & Supp 1960, § 33.1709.
S.D. Codified Laws § 15-21-6 — SD Code / Title 15 / Chapter 21 / Section 15-21-6
Action joining officer's surety as party to judgment--Officer's property applied first
Status: in_force

Each and every surety of any sheriff or other officer may be made a party to the judgment rendered as aforesaid against the sheriff or other officer by action to be commenced and prosecuted as in other cases; but the property, personal or real, of any such surety shall not be liable to be taken on execution when sufficient property of the sheriff or other officer against whom execution may be issued can be found to satisfy the same.

Source: SDC 1939 & Supp 1960, § 33.2505.
S.D. Codified Laws § 15-26C-3 — SD Code / Title 15 / Chapter 26C / Section 15-26C-3
Time of filing
Status: in_force

(1) A document in compliance with the Rules of Appellate Procedure and this rule and submitted electronically to the supreme court clerk by 11:59 p. m. central standard time or daylight savings time as applicable shall be considered filed on that date.

(2) After reviewing an electronically filed document, the supreme court clerk must inform the filer, through an e-mail generated by the Odyssey® system, whether the document has been accepted or rejected. A document may be rejected (a) if it is filed in the wrong court; (b) applicable filing fees are not paid or waived; (c) the document is incomplete or contains missing information; (d) or fails to comply with applicable statutory requirements or these rules.

(3) Parties filing briefs electronically must also submit an original to the supreme court clerk. For any brief filed in an appeal from a judgment or order pursuant to chapter 26-8A , the appellant shall also file a redacted brief in compliance with subdivision 15-26A-60 (9).

(4) The Supreme Court may also order any party to provide additional hardcopies of any documents electronically filed.

Source: SL 2014, ch 253 (Supreme Court Rule 13-11), eff. Jan. 1, 2014; SL 2019, ch 224 (Supreme Court Rule 19-03); Supreme Court Order dated Aug. 30, 2022; SL 2023, ch 229 (Supreme Court Rule 23-12), eff. Apr. 1, 2023.
S.D. Codified Laws § 15-9-22 — SD Code / Title 15 / Chapter 9 / Section 15-9-22
Time allowed for defense after service by publication--Time after judgment--Restitution on successful defense
Status: in_force

The defendant against whom publication is ordered or his representatives on application and sufficient cause shown at any time before judgment must be allowed to defend the action; and, except in an action for divorce, the defendant against whom publication is ordered or his representatives may, in like manner, upon good cause shown be allowed to defend after judgment or at any time within one year after notice thereof and within seven years after its rendition on such terms as may be just; and if the defense be successful and the judgment or any part thereof has been collected or otherwise enforced, such restitution may thereupon be compelled as the court directs; but the title to property sold under such judgment to a purchaser in good faith shall not be thereby affected.

Source: SDC 1939 & Supp 1960, § 33.0815.
S.D. Codified Laws § 15-14-20 — SD Code / Title 15 / Chapter 14 / Section 15-14-20
Papers, exhibits, and notes taken into jury room
Status: in_force

Upon retiring for deliberation the jury may take with them all papers which have been received as evidence in the cause, except depositions and such papers and exhibits as ought not, in the opinion of the court, to be taken from the person having them in his possession; and they may also take with them notes of the testimony or other proceedings on the trial taken by themselves, or any of them, but none taken by any other person.

Source: SDC 1939 & Supp 1960, § 33.1323.
S.D. Codified Laws § 15-26A-27 — SD Code / Title 15 / Chapter 26A / Section 15-26A-27
Judgment directing the assignment or delivery of documents or personal property--Conditions of bond on appeal
Status: in_force

If the appeal is from a judgment directing the assignment or delivery of documents or personal property, the condition of the bond required by § 15-26A-25 shall be the obedience by appellant to the judgment or order of the Supreme Court. The bond provided by this section need not be furnished if the appellant places the documents or personal property in the custody of such officer or receiver as the presiding judge of the circuit court shall appoint.

Source: Supreme Court Rule 79-1, Rule 8 (1) (b); SDCL Supp, § 15-26A-16 .
S.D. Codified Laws § 15-14-7 — SD Code / Title 15 / Chapter 14 / Section 15-14-7
Challenge of individual jurors--Number of peremptory challenges--Alternating by parties
Status: in_force

The challenges are to individual jurors, and are either peremptory or for cause. Each party is entitled to three peremptory challenges. If no peremptory challenges are taken until the panel is full, they must be taken by the parties alternately, commencing with the plaintiff.

Source: SDC 1939 & Supp 1960, § 33.1310.
S.D. Codified Laws § 15-16-3 — SD Code / Title 15 / Chapter 16 / Section 15-16-3
Interest added to money judgment
Status: in_force

When a judgment is for the recovery of money, interest from the time of the verdict or decision until judgment be finally entered must be added to the judgment of the party entitled thereto.

Source: SDC 1939 & Supp 1960, § 33.1815.
S.D. Codified Laws § 15-38-33 — SD Code / Title 15 / Chapter 38 / Section 15-38-33
(Rule 5(b)) Order for transcript of verbatim record--Waiver by stipulation
Status: in_force

When an appeal is taken, the appellant shall petition the circuit court for an order that a transcript of the verbatim record of the proceedings be prepared. The transcript shall be filed within thirty days of the service of the order upon the court reporter. The transcript may be waived by the filing of a stipulation between the appellant and all appellees dispensing with its preparation.

Source: Supreme Court Rule 78-4, Rule 5 (b); Supreme Court Rule 80-14.
S.D. Codified Laws § 15-24A-3 — SD Code / Title 15 / Chapter 24A / Section 15-24A-3
Method of invoking
Status: in_force

In the discretion of any of the courts referred to in § 15-24A-1 , this chapter may be invoked by an order of said court upon its own motion or upon the motion of any party to the cause.

Source: Supreme Court Rule 85-7, § 2.
S.D. Codified Laws § 15-2-13 — SD Code / Title 15 / Chapter 2 / Section 15-2-13
Contract obligation or liability--Statutory liability--Trespass--Personal property--Injury to noncontract rights--Fraud--Setting aside corporate instrument
Status: in_force

Except where, in special cases, a different limitation is prescribed by statute, the following civil actions other than for the recovery of real property can be commenced only within six years after the cause of action shall have accrued:

(1) An action upon a contract, obligation, or liability, express or implied, excepting those mentioned in §§ 15-2-6 to 15-2-8 , inclusive, and subdivisions 15-2-15(3) and (4);

(2) An action upon a liability created by statute other than a penalty or forfeiture; excepting those mentioned in subdivisions 15-2-15(3) and (4);

(3) An action for trespass upon real property;

(4) An action for taking, detaining, or injuring any goods or chattels, including actions for specific recovery of personal property;

(5) An action for criminal conversation or for any other injury to the rights of another not arising on contract and not otherwise specifically enumerated in §§ 15-2-6 to 15-2-17 , inclusive;

(6) An action for relief on the ground of fraud, in cases which heretofore were solely cognizable by the court of chancery;

(7) An action to set aside any instrument executed in the name of a corporation on the ground that the corporate charter had expired at the time of the execution of such instrument.

Source: SDC 1939, § 33.0232 (4); SL 1941, ch 151; SL 1945, ch 144; SL 1945, ch 145, § 1; SL 1947, ch 153, § 2; SL 1953, ch 198, § 1.
S.D. Codified Laws § 15-39-55 — SD Code / Title 15 / Chapter 39 / Section 15-39-55
Further notice on failure of delivery
Status: in_force

If the notice by certified or registered mail is returned undelivered, or if in any other way it appears that notice has not reached the defendant, the clerk shall issue, at the request of the plaintiff and at the expense of the plaintiff, such other or further notice as the court may order. If plaintiff elects not to pursue further notification of the defendant or if the further notification is unsuccessful after ninety days, the clerk may dismiss the action without prejudice.

Source: SDC 1939 & Supp 1960, § 33.4110; SDCL § 15-39-15; Supreme Court Rule 81-4; SL 1988, ch 425 (Supreme Court Rule 87-6); SL 2008, ch 289 (Supreme Court Rule 08-03), eff. July 1, 2008; SL 2026, ch 242 (Supreme Court Rule 26-01), eff. July 1, 2026.
S.D. Codified Laws § 15-16-35 — SD Code / Title 15 / Chapter 16 / Section 15-16-35
Operation as judgment lien--Continuation of lien--Execution
Status: in_force

The entry and docketing of an affidavit of renewal of a judgment shall operate to continue the lien of the judgment to the extent of the balance due on the judgment as shown by the affidavit on all real property, except the homestead, of the judgment debtor or debtors in the county where the same is docketed which he or they may have at the time of such docketing or may acquire subsequently in such county, for a period of ten years from the time of the docketing of such affidavit. The filing of a certified copy of such affidavit of renewal and the docket entries thereon in a county wherein a transcript of the original judgment was docketed likewise shall continue and extend the lien of the judgment in such county. An execution may issue upon the judgment as renewed under the same conditions and with the same force and effect within such renewal period as upon the judgment originally rendered and entered at the date of such renewal, and all other remedies for the enforcement of judgments shall apply to the enforcement of such renewed judgment.

Source: SL 1988, ch 176, § 3.
S.D. Codified Laws § 15-2A-1 — SD Code / Title 15 / Chapter 2A / Section 15-2A-1
Legislative findings--Ten-year limitation--Exceptions
Status: in_force

The Legislature finds that subsequent to the completion of construction, persons involved in the planning, design, and construction of improvements to real estate lack control over the determination of the need for, the undertaking of and the responsibility for maintenance, and lack control over other forces, uses and intervening causes which cause stress, strain, wear, and tear to the improvements and, in most cases, have no right or opportunity to be made aware of or to evaluate the effect of these forces on a particular improvement or to take action to overcome the effect of these forces. Therefore, it is in the public interest to set a point in time following the substantial completion of the project after which no action may be brought for errors and omissions in the planning, design, and construction of improvements to real estate, whether these errors and omissions have resulted or may result in injury or not, unless the person involved in the planning, design, and construction of the improvements was guilty of fraud, fraudulent concealment, fraudulent misrepresentation, willful or wanton misconduct, or unless the person involved in the planning, design, and construction of improvements to real estate expressly warranted or guaranteed the improvement for a longer time period. This legislation is determined to be in the public interest and in the interest of equating the rights of due process between the prospective litigants in the areas of planning, design, and construction of improvements to real property in an equitable manner, while adjusting the standard of care so that persons attempting to bring actions under a general standard of care against persons involved in the planning, design, and construction of improvements to real estate only have ten years to bring actions following substantial completion against those involved in the planning, design, and construction, and following that ten - year time period actions may be brought against such persons only if they are guilty of fraud, fraudulent concealment, fraudulent misrepresentation, breach of express warranties or guarantees, or willful or wanton misconduct in the planning, design, and construction of improvements to real estate.

Source: SL 1985, ch 156, § 1.
S.D. Codified Laws § 15-15A-8 — SD Code / Title 15 / Chapter 15A / Section 15-15A-8
Confidential numbers, financial documents, and name of child excluded from public access
Status: in_force

The following information in a court record is not accessible to the public:

(1) Social security numbers, employer or taxpayer identification numbers, and financial or medical account numbers of an individual;

(2) Financial documents such as income tax returns, W-2's and schedules, wage stubs, credit card statements, financial institution statements, check registers, and other financial information; and.

(3) The name of any minor child, that is not a defendant, in any adult criminal proceeding.

Source: SL 2005, ch 291 (Supreme Court Rule 05-05), eff. Feb. 25, 2005; SL 2015, ch 269 (Supreme Court Rule 15-07), eff. July 1, 2015; SL 2026, ch 243 (Supreme Court Rule 26-02), eff. July 1, 2026.
S.D. Codified Laws § 15-7-12 — SD Code / Title 15 / Chapter 7 / Section 15-7-12
Continuance of action to permit defense by nonresident or absent aircraft operator
Status: in_force

When process is served pursuant to § 15-7-10 , the court in which the action is pending may order such continuances as may be necessary to afford the defendant reasonable opportunity to defend any such action, not exceeding ninety days from the date of the filing of such action in such court.

Source: SDC 1939, § 2.9905 as enacted by SL 1949, ch 8, § 3; SDC Supp 1960, § 2.0116.
S.D. Codified Laws § 15-20-15 — SD Code / Title 15 / Chapter 20 / Section 15-20-15
Filing with clerk of order for appointment of receiver
Status: in_force

An order for the appointment of a receiver of the property of a judgment debtor shall be filed in the office of the clerk of the court where the judgment was obtained. The clerk shall record the time of filing and docket the judgment in the judgment docket.

Source: SDC 1939 & Supp 1960, § 33.2407; SL 1983, ch 157, § 2.
S.D. Codified Laws § 15-26A-51 — SD Code / Title 15 / Chapter 26A / Section 15-26A-51
Costs of transcript--Endorsement of order by reporter--Extension of time for transcript
Status: in_force

At the time of ordering, a party must make satisfactory arrangements with the reporter for payment of the costs of the transcript and all necessary copies. If the reporter requires a prepayment, he shall immediately notify the party placing the order, who shall then have ten days to make such payment. The reporter shall acknowledge at the foot of the order the date he received it, the date prepayment was received, if such payment was required, and the date on which he expects to have the transcript completed. The reporter shall transmit the order so endorsed to the clerk of the Supreme Court. The transcript shall be completed within forty - five days after receipt of the order or, if prepayment was requested, within forty - five days after receipt of such prepayment. If the reporter cannot complete the transcript within the prescribed time, he shall request an extension of time from the clerk of the Supreme Court, and the action of the clerk of the Supreme Court shall be entered on the record and the parties notified. In the event of the failure of the reporter to file the transcript within the time allowed, the clerk of the Supreme Court shall take such steps as may be directed by the Chief Justice of the Supreme Court.

In the event that the reporter receives a copy of appellee's designation of additional parts of the proceedings to be transcribed, as provided for in § 15-26A-50 , his time for preparation of the transcript shall be tolled and commence to run anew when:

(1) He receives an order from either the appellant or the appellee for additional parts of the transcript, in which case he shall endorse the order and transmit it to the clerk of the Supreme Court; or

(2) The trial court has entered its order denying appellee's motion requesting the transcription of additional parts of the proceedings, in which event the trial clerk shall transmit a copy of the order of denial to the reporter and to the clerk of the Supreme Court.

Source: Supreme Court Rule 79-1, Rule 10 (2)(c); SDCL Supp, § 15-26A-33 ; Supreme Court Rule 82-17; SL 1991, ch 428 (Supreme Court Rule 90-05).
S.D. Codified Laws § 15-18-20 — SD Code / Title 15 / Chapter 18 / Section 15-18-20
Levy on personal property capable of manual delivery
Status: in_force

A levy under a writ, warrant, or execution upon personal property capable of manual delivery, including bonds, promissory notes, or other instruments for the payment of money must be made by taking the same into the officer's actual custody. He must thereupon without delay deliver a notice of levy to the person from whose custody such property is taken.

Source: SDC 1939 & Supp 1960, § 33.1913 (3); SL 1973, ch 126, § 5.
S.D. Codified Laws § 15-16-14 — SD Code / Title 15 / Chapter 16 / Section 15-16-14
Cancellation and discharge of judgment permitted on acknowledgment of satisfaction
Status: in_force

Any judgment rendered or docketed in the circuit courts of this state may be canceled and discharged by the clerk thereof upon the filing with him of an acknowledgment of the satisfaction thereof signed by the party in whose favor the judgment was obtained, his attorney of record, his personal representative, or assignee, and duly acknowledged in the manner required to admit a deed of real property to record.

Source: SDC 1939 & Supp 1960, § 33.1719 (1).
S.D. Codified Laws § 15-14-10 — SD Code / Title 15 / Chapter 14 / Section 15-14-10
Procedure for peremptory challenges--Replacement of jurors challenged
Status: in_force

After the panel is filled the parties shall exercise their peremptory challenges. A list of the jurors in the panel shall be made by the clerk and passed first to the plaintiff and then to the defendant, or their respective counsel, and the parties shall exercise their peremptory challenges by crossing out the name of the juror they desire to challenge and noting thereafter that such challenge has been exercised by the plaintiff or defendant, as the case may be. When a peremptory challenge is exercised it shall be announced by the party or attorney exercising it; but the name of the juror challenged need not be announced. Thereupon and before further challenges are exercised, the clerk shall draw another juror and he may be examined for cause and challenges for cause made. The parties shall proceed alternately, exercising their peremptory challenges until the same are exhausted and the jurors then remaining in the box shall be sworn as jurors to try the case.

Source: SDC 1939 & Supp 1960, § 33.1312.
S.D. Codified Laws § 15-17-50 — SD Code / Title 15 / Chapter 17 / Section 15-17-50
Expenses of requiring jury to report--Apportionment
Status: in_force

If a civil jury case is settled within forty - eight hours, or such other time as fixed by the court, of the time the jury is scheduled to report, the trial court may impose against one or all parties the expenses of requiring the jury to report, together with other items as may be appropriate. The court may apportion the expenses.

Source: SL 1992, ch 148, § 15.
S.D. Codified Laws § 15-15-10 — SD Code / Title 15 / Chapter 15 / Section 15-15-10
Temporary sealing of transcript
Status: in_force

The clerk of court shall file the transcript in the court record. The transcript shall be sealed for a period of ninety days from the date filed unless otherwise ordered by the court. During this time period, any copy of such transcript shall be obtained from the court reporter or transcriber at the rate provided by existing law.

Following the expiration of such period of time, unless otherwise sealed or declared confidential by court order or existing law, the filed transcript will be available for public inspection and copying through the clerk of courts office or through any other means of electronic court record access. Reproduction of the transcript may be provided on the same terms and conditions as any other document in the court record.

Source: SL 2015, ch 266 (Supreme Court Rule 15-04), eff. July 1, 2015.
S.D. Codified Laws § 15-16-34 — SD Code / Title 15 / Chapter 16 / Section 15-16-34
Filing and docketing of affidavit of renewal--Copy
Status: in_force

If the judgment was rendered in a court of this state, the affidavit for renewal shall be filed with the clerk of the court where such judgment was first docketed. If the judgment filed and docketed was a foreign judgment, the affidavit for renewal may be filed with the clerk of any court where the judgment has been docketed. The clerk of the court immediately shall enter on the docket of the original judgment, the fact of renewal, the date of renewal, and the amount for which the judgment is renewed. The affidavit of renewal upon receipt by the clerk of the court shall be given a current filing date, and filed, docketed, and indexed in the current judgment records using the same method as for a newly received original judgment. A copy of the affidavit of renewal and the docket entries thereon, certified by the clerk of court wherein the same is filed, may be likewise filed and docketed and indexed in the current judgment records in any other county of the state in which a transcript of the original judgment was filed.

Source: SL 1988, ch 176, § 2; SL 1990, ch 149, § 2; SL 1993, ch 164.
S.D. Codified Laws § 15-30-3 — SD Code / Title 15 / Chapter 30 / Section 15-30-3
Judgment directed for party entitled to directed verdict
Status: in_force

The Supreme Court on appeal from an order granting a new trial, or upon a review of an order denying a new trial in the action in which such motion was made, or on appeal from the judgment, may order and direct judgment to be entered in favor of the party who was entitled to have such verdict directed in his or its favor, whenever it shall appear from the testimony that the party was entitled to have such motion granted.

Source: SDC 1939, § 33.1705; Supreme Court Rule adopted May 25, 1951.
S.D. Codified Laws § 15-14-23 — SD Code / Title 15 / Chapter 14 / Section 15-14-23
Verdict to include value and damages in action for recovery of personal property
Status: in_force

In an action for the recovery of specific personal property, if the property has not been delivered to the plaintiff, or the defendant, by his answer, claim a return thereof, the jury, if their verdict be in favor of the plaintiff, or, if being in favor of the defendant, they also find that he is entitled to a return thereof, must find the value of the property, and if so instructed, the value of specific portions thereof, and may at the same time assess the damages, if any are claimed in the complaint or answer, which the prevailing party has sustained by reason of the taking or detention of such property.

Source: SDC 1939 & Supp 1960, § 33.1332.
S.D. Codified Laws § 15-26A-28 — SD Code / Title 15 / Chapter 26A / Section 15-26A-28
Judgment directing the sale or possession of real property--Conditions of bond on appeal
Status: in_force

If the appeal is from a judgment directing the sale or delivery of possession of real property the condition of the bond required by § 15-26A-25 shall be that during the possession of such property by appellant, he will not commit or suffer to be committed any waste thereof, and that if the judgment is affirmed, he will pay the value of the use and occupation of the property, from the time of appeal until the delivery of possession thereof pursuant to the judgment.

Source: Supreme Court Rule 79-1, Rule 8 (1) (c); SDCL Supp, § 15-26A-17 .
S.D. Codified Laws § 15-2-14.3 — SD Code / Title 15 / Chapter 2 / Section 15-2-14.3
Time for bringing action against professional corporation--Corporate character and status unaffected
Status: in_force

Any action against any professional corporation or professional limited liability company organized under chapter 47-11 , 47-11A , 47-11B , 47-11C , 47-12 , 47-13 , 47-13A , or 47-13B can only be brought within the time and in the manner prescribed by the statute of limitations applicable to such action if it were commenced against a stockholder of such corporation as an individual. This section does not affect the corporate character and status of any professional corporation now or hereafter organized under the chapters herein mentioned, but that, as to such professional corporations, the limitation of actions applicable to the corporation are the same as that applicable to the individual professionals who are stockholders of the corporation.

Source: SL 1979, ch 146; SL 1994, ch 351, § 31.
S.D. Codified Laws § 15-26A-39 — SD Code / Title 15 / Chapter 26A / Section 15-26A-39
Application to Supreme Court for special relief
Status: in_force

A motion for the relief provided in §§ 15-26A-25 to 15-26A-38 , inclusive, may be made to the Supreme Court but said motion shall show that the application to the circuit court for the relief sought is not practicable or that the circuit court has denied an application or has failed to afford the relief which the applicant requested, with the reasons given by the circuit court for its action. Said motion shall also show the reasons for the relief requested and the facts relied upon; and if the facts are subject to dispute, the motion shall be supported by affidavit or other sworn statements or copies thereof. With the motion shall be filed such parts of the record as are relevant. Reasonable notice of the motion shall be given to all parties. The motion shall be filed with the clerk of the Supreme Court and normally will be considered by all members of the court, but in exceptional cases where such a procedure would be impracticable due to the requirements of time, the application may be made to and considered by a single justice of the court.

Source: Supreme Court Rule 79-1, Rule 8 (9); SDCL Supp, § 15-26A-28 ; Supreme Court Rule 82-2.
S.D. Codified Laws § 15-26A-69.1 — SD Code / Title 15 / Chapter 26A / Section 15-26A-69.1
Citation of official opinions of the Supreme Court
Status: in_force

(1) The initial citation of any published opinion of the Supreme Court released prior to January 1, 1996, in a brief, memorandum, or other document filed with the court and the citation in the table of cases in a brief shall include a reference to the volume and page number of the South Dakota Reports or North Western Reporter in which the opinion is published. Subsequent citations within the brief, document, or memorandum shall include the page number and sufficient references to identify the initial citation.

(2) The initial citation of any published opinion of the Supreme Court released on or after January 1, 1996, in a brief, memorandum, or other document filed with the court and the citation in the table of cases in a brief shall include a reference to the calendar year in which the decision was announced, the court designation of "S.D.", and a sequential number assigned by the clerk of the Supreme Court. Citation to specific portions of the opinion shall be made to the paragraph number assigned by the clerk of the Supreme Court. A paragraph citation should be placed immediately following the sequential number assigned to the case. Subsequent citations within the brief, document, or memorandum shall include the paragraph number and sufficient references to identify the initial citation.

When available, initial citations shall include the volume and initial page number of the North Western Reporter in which the opinion is published.

Source: SL 1996, ch 312 (Supreme Court Rule 95-13); SL 2011, ch 229 (Supreme Court Rule 10-05), eff. Aug. 30, 2010.
S.D. Codified Laws § 15-24-5 — SD Code / Title 15 / Chapter 24 / Section 15-24-5
Definitions
Status: in_force

As used in §§ 15-24-5 to 15-24-12 , inclusive, the following terms mean:

(a) "Judicial proceeding" or "proceeding" referenced in these rules includes all public appellate arguments, hearings, or other proceedings before the Supreme Court, except those specifically excluded by the rules. These rules do not apply to coverage of ceremonial or nonjudicial proceedings.

(b) "Expanded media coverage" includes broadcasting, televising, electronic recording, or photographing of judicial proceedings for the purpose of gathering and disseminating news and educational or instructional information to the public. Any other use, absent express written permission of the court, is prohibited.

(c) "Supreme Court" or the "court" means the Supreme Court of South Dakota.

(d) "Chief Justice" means the Chief Justice of the Supreme Court of South Dakota.

(e) "Clerk" means the clerk of the Supreme Court of South Dakota.

(f) "Media coordinator" means the representative from the news media appointed by the court to coordinate expanded media coverage of judicial proceedings of the court under these rules.

(g) "News media" means personnel of a newspaper or other periodical, news service, radio station, television station, or television network, who deliver news to the general public on a regular and consistent basis in print, electronic or digital format.

Source: Supreme Court Rule 01-08; SL 2014, ch 260 (Supreme Court Rule 14-01), eff. Feb. 20, 2014.
S.D. Codified Laws § 15-39-46 — SD Code / Title 15 / Chapter 39 / Section 15-39-46
Alternative to action begun by summons
Status: in_force

The procedure shall not be exclusive but shall be alternative to the formal procedure for actions begun by summons.

Source: SDC 1939 & Supp 1960, § 33.4101; SDCL, § 15-39-2; Supreme Court Rule 81-4.
S.D. Codified Laws § 15-14-12 — SD Code / Title 15 / Chapter 14 / Section 15-14-12
Admonitions by court on separation of jury
Status: in_force

Whenever the jurors are permitted to separate, they shall be admonished by the court as follows: You are reminded that you are not to discuss any aspect of this case among yourselves or with anyone else and that you should not form or express any opinion on the case until it is given to you for decision.

Source: SDC 1939 & Supp 1960, § 33.1320; SL 2007, ch 149, § 2.
S.D. Codified Laws § 15-15A-14 — SD Code / Title 15 / Chapter 15A / Section 15-15A-14
When court records may be accessed
Status: in_force

(1) Court records will be available where available for public access in the courthouse during hours established by the court. Court records in electronic form to which the court allows remote access under this rule will be available for access at least during the hours established by the court for courthouse access, subject to unexpected technical failures or normal system maintenance announced in advance.

(2) Upon receiving a request for access to information the court will respond within a reasonable time regarding the availability of the information and provide the information within a reasonable time.

Source: SL 2004, ch 333 (Supreme Court Rule 04-06), eff. July 1, 2004; SDCL § 15-15A-11 ; SL 2005, ch 291 (Supreme Court Rule 05-05), eff. Feb. 25, 2005.
S.D. Codified Laws § 15-26C-6 — SD Code / Title 15 / Chapter 26C / Section 15-26C-6
Technical issues--Relief
Status: in_force

On a showing of good cause, the court may grant appropriate relief if electronic filing or electronic service was not completed due to technical problems.

Source: SL 2014, ch 253 (Supreme Court Rule 13-11 ), eff. Jan. 1, 2014.
S.D. Codified Laws § 15-7-15 — SD Code / Title 15 / Chapter 7 / Section 15-7-15
Proof of service on nonresident hunter
Status: in_force

Proof of the service as provided by § 15-7-14 must be attached to the original process. If the service is completed by mailing, such proof must include a showing by affidavit that the address to which the copies were mailed was in fact the last known post office address of the defendant, or his personal representative, which the plaintiff could, with reasonable diligence, ascertain and must also include the receipt issued by the postal authorities.

Source: SL 1961, ch 125.
S.D. Codified Laws § 15-3-1 — SD Code / Title 15 / Chapter 3 / Section 15-3-1
Seizin or possession within twenty years required for action to recover real property or possession
Status: in_force

No action for the recovery of real property, or for the recovery of the possession thereof, shall be maintained unless it appears that the plaintiff, his ancestor, predecessor, or grantor was seized or possessed of the premises in question within twenty years before the commencement of such action.

Source: SDC 1939 & Supp 1960, § 33.0217.
S.D. Codified Laws § 15-26C-5 — SD Code / Title 15 / Chapter 26C / Section 15-26C-5
Original documents
Status: in_force

An original document submitted for filing in paper form may be scanned by the supreme court clerk and destroyed after thirty days.

Source: SL 2014, ch 253 (Supreme Court Rule 13-11 ), eff. Jan. 1, 2014.
S.D. Codified Laws § 15-14-10.5 — SD Code / Title 15 / Chapter 14 / Section 15-14-10.5
Exercise of peremptory challenge
Status: in_force

Following examination of the jurors called for examination pursuant to § 15-14-10.2 , the parties, commencing with the plaintiff, shall alternatively exercise their peremptory challenges on the clerk's list. A peremptory challenge may not be waived.

Source: Supreme Court Rule 97-6.
S.D. Codified Laws § 15-8-16 — SD Code / Title 15 / Chapter 8 / Section 15-8-16
Joint tort-feasor not discharged by judgment against another
Status: in_force

The recovery of a judgment by the injured person against one joint tort - feasor does not discharge the other joint tort - feasors.

Source: SL 1945, ch 167, § 3; SDC Supp 1960, § 33.04A04.
S.D. Codified Laws § 15-2-32 — SD Code / Title 15 / Chapter 2 / Section 15-2-32
New action after reversal of judgment on appeal
Status: in_force

If an action be commenced within the time prescribed therefor and a judgment therein be reversed on appeal, the plaintiff or, if he die and the cause of action survive, his heirs or representatives, may commence a new action within one year after the reversal.

Source: SDC 1939 & Supp 1960, § 33.0207.
S.D. Codified Laws § 15-5A-3 — SD Code / Title 15 / Chapter 5A / Section 15-5A-3
Pre-trial criminal proceedings
Status: in_force

At the discretion of the court, whenever the law requires a defendant in a misdemeanor or felony criminal case to appear before a judge or magistrate for an initial or subsequent appearance, bail, arraignment, or other pre-trial proceeding, the proceeding may be conducted by interactive audiovisual device, in which case the defendant shall not be required to be physically brought before the judge or magistrate.

Source: SL 2007, ch 301 (Supreme Court Rule 06-69), eff. Jan. 1, 2007.
S.D. Codified Laws § 15-2-14.8 — SD Code / Title 15 / Chapter 2 / Section 15-2-14.8
Time for bringing action against certain professional corporations and professional practitioners for acts or omissions occurring prior to January 1, 1980
Status: in_force

No action may be brought after July 1, 2006, against any professional corporation formed pursuant to chapter 47-11 , 47-11 A, 47-11 B, 47-11 C, 47-11 D, 47-11 E, 47-12 , 47-13 , 47-13 A, or 47-13 B, or any shareholder of such corporation, or against any person individually engaged as one of the following professionals: physicians, chiropractors, optometrists, podiatrists, physician assistants, nurses, dentists, veterinarians, lawyers, and public accountants, for any act or omission that occurred prior to January 1, 1980.

Source: SL 2005, ch 116, § 1.
S.D. Codified Laws § 15-18-37 — SD Code / Title 15 / Chapter 18 / Section 15-18-37
Levy continues against property unsold--New sale or new execution
Status: in_force

When property is unsold for want of bidders, the levy still holds good; and if there be sufficient time it may again be advertised or the execution returned, and one issued again commanding the officer to sell such property.

Source: SDC 1939 & Supp 1960, § 33.1919.
S.D. Codified Laws § 15-14-28 — SD Code / Title 15 / Chapter 14 / Section 15-14-28
Receipt and reading of verdict when five-sixths vote sufficient--Inquiry--Dissenting votes
Status: in_force

In the actions provided for in § 15-14-27 , when the jury has agreed upon their verdict, they shall be conducted into court, their names shall be called by the clerk and the verdict shall be rendered by their foreman. The verdict shall be in writing signed by the foreman and shall be read by the clerk to the jury and the inquiry made whether it is their verdict. If two or more of the jury disagree, they shall be sent out again. If five of the jury agree to the verdict, it shall be the verdict of the jury and so recorded.

Source: SDC 1939 & Supp 1960, § 33.1335; SL 1997, ch 112, § 2.
S.D. Codified Laws § 15-26A-6 — SD Code / Title 15 / Chapter 26A / Section 15-26A-6
Appeals--When taken
Status: in_force

An appeal from a judgment or order must be taken within thirty days after the judgment or order shall be signed, attested, filed and written notice of entry thereof shall have been given to the adverse party.

A written notice of appeal filed before the attestation and filing of such signed judgment or order shall be deemed as filed on the date of the attestation and filing of the judgment or order.

The running of the time for filing a notice of appeal is terminated as to all parties by a timely motion filed in the circuit court by any party pursuant to § 15-6-59 or § 15-6-50(b), or both, and the full time for appeal fixed by this section commences to run after the order made pursuant to such motion shall be signed, attested, filed and written notice of entry thereof shall have been given to the adverse party or if the circuit court fails to take action on such motion or fails to enter an order extending the time for taking action on such motion within the time prescribed, then the date shall be computed from the date on which the time for action by the circuit court expires.

Source: SDC 1939, § 33.0702; SL 1943, ch 124, § 1; SL 1961, ch 179; SDCL § 15-26-2 ; SL 1976, ch 149, § 2; Supreme Court Rule 79-1, Rule 4; Supreme Court Rule 79-6; SDCL Supp, § 15-26A-4 ; Supreme Court Rule 80-3; Supreme Court Rule 82-33; Supreme Court Rule 97-8; SL 2006, ch 333 (Supreme Court Rule 06-59), eff. July 1, 2006; SL 2008, ch 288 (Supreme Court Rule 08-02), eff. July 1, 2008; SL 2010, ch 254 (Supreme Court Rule 10-01), eff. Feb. 26, 2010.
S.D. Codified Laws § 15-2A-8 — SD Code / Title 15 / Chapter 2A / Section 15-2A-8
Express warranty or guaranty
Status: in_force

The limitations prescribed in this chapter do not prohibit any action against a defendant who has expressly warranted or guaranteed the improvement to real property for a longer period from being brought within that period.

Source: SL 1985, ch 156, § 8.
S.D. Codified Laws § 15-16A-10 — SD Code / Title 15 / Chapter 16A / Section 15-16A-10
Citation of chapter
Status: in_force

This chapter may be cited as the Uniform Enforcement of Foreign Judgments Act.

Source: SL 1975, ch 160, § 8.
S.D. Codified Laws § 15-24-4 — SD Code / Title 15 / Chapter 24 / Section 15-24-4
Number of judges required for decision--Rehearing--Disposition in case of disagreement
Status: in_force

The concurrence of three judges of the Supreme Court is necessary to pronounce a decision. If three do not concur the cause must be reheard; and if on the second hearing three judges do not concur, the judgment or order appealed from must be affirmed; or, in case of an original action or proceeding, the same must be dismissed without prejudice.

Source: SDC 1939 & Supp 1960, § 33.0502.
S.D. Codified Laws § 15-14-17 — SD Code / Title 15 / Chapter 14 / Section 15-14-17
Number of counsel and time allowed for argument to jury
Status: in_force

The number of counsel and the time allowed for argument to the jury shall be determined by the court in each case before the argument is begun.

Source: SDC 1939 & Supp 1960, § 33.1321.
S.D. Codified Laws § 15-11-10.1 — SD Code / Title 15 / Chapter 11 / Section 15-11-10.1
Continuance by stipulation of all parties
Status: in_force

After a certificate of readiness has been filed in a civil matter, all of the parties to the action may stipulate in writing for a continuance. After the stipulation has expired, the court shall notify the parties and set the matter for trial.

Source: SL 1984, ch 145.
S.D. Codified Laws § 15-30-15 — SD Code / Title 15 / Chapter 30 / Section 15-30-15
Opinion of Supreme Court transmitted with papers
Status: in_force

The clerk of the Supreme Court shall in all cases, except when the order or judgment is affirmed, also transmit with the papers so returned by him a certified copy of the opinion of the Supreme Court.

Source: SDC 1939 & Supp 1960, § 33.0730.
S.D. Codified Laws § 15-12-21 — SD Code / Title 15 / Chapter 12 / Section 15-12-21
Actions in which affidavits for change of judge may be filed
Status: in_force

Unless the right is waived or is denied by this chapter, an affidavit for change of a judge or magistrate may be filed in any action pending in the court whether originating therein or pending upon appeal from an inferior court or tribunal to the circuit court. No affidavit for such change may be filed in a criminal action prior to the completion of the preliminary hearing or waiver thereof or in any proceeding for contempt committed in the presence of the court.

Source: SDC 1939 & Supp 1960, § 33.1208; SDCL § 15-12-5; Supreme Court Rule No. 3, 1972; Supreme Court Rule No. 75-5, § 2; SL 1980, ch 163, § 1; SL 2009, ch 99, § 1.
S.D. Codified Laws § 15-38-27 — SD Code / Title 15 / Chapter 38 / Section 15-38-27
(Rule 3(a)) Filing fee and cost bond required--Stay of proceedings
Status: in_force

Before the expiration of the time for appeal, the appellant shall file a filing fee of ten dollars and a bond for costs on appeal or equivalent security to be approved by the court in a sum not less than one hundred dollars in any case, nor less than the amount of the judgment and costs, conditioned:

(1) To secure the payment of costs if the appeal is dismissed or the order or judgment affirmed; and

(2) To satisfy the judgment if it is affirmed.

All other proceedings before the magistrate court in the matter shall cease and be stayed from the time of the filing of the undertaking.

If the appellant prevails, the court shall award the filing fee to the appellant as court costs.

Source: Supreme Court Rule 78-4, Rule 3 (a); SL 2012, ch 111, § 1.
S.D. Codified Laws § 15-6-69 — SD Code / Title 15 / Chapter 6 / Section 15-6-69
Execution
Status: in_force

Process to enforce a judgment for the payment of money shall be a writ of execution, unless the court directs otherwise. The procedure on execution in proceedings supplementary to and in aid of a judgment, and in proceedings on and in aid of execution shall be in accordance with applicable statute or rule. In aid of a judgment or execution, the judgment creditor, or his successor in interest when that interest appears of record, may obtain discovery from any person, including the judgment debtor in the manner provided in these rules.

Source: SD RCP, Rule 69, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 76-3, § 17.
S.D. Codified Laws § 15-24A-1 — SD Code / Title 15 / Chapter 24A / Section 15-24A-1
Power to answer
Status: in_force

The Supreme Court may answer questions of law certified to it by the Supreme Court of the United States, a court of appeals of the United States, or a United States district court, if there are questions of law of this state involved in any proceeding before the certifying court which may be determinative of the cause pending in the certifying court and it appears to the certifying court and to the Supreme Court that there is no controlling precedent in the decisions of the Supreme Court of this state.

Source: SL 1984, ch 154, § 1; Supreme Court Rule 85-7, § 1.
S.D. Codified Laws § 15-15A-9 — SD Code / Title 15 / Chapter 15A / Section 15-15A-9
Filing confidential numbers, financial documents, and name of child in court record
Status: in_force

The following procedures apply to the filing of confidential information in court records:

(1) Social security numbers, employer or taxpayer identification numbers, and financial or medical account numbers of an individual where required to be filed with the court must be submitted on a separate Confidential Information Form, appended to these rules, and filed with the pleading or other document required to be filed. The Confidential Information Form is not accessible to the public;

(2) Financial documents named in subdivision 15-15A-8 (2) that are required to be filed with the court must be submitted as a confidential document and designated as such to the clerk upon filing. The Confidential Financial Documents Information Form appended to these rules must be attached to financial documents being filed with the court. The Confidential Financial Documents Information Form is not accessible to the public. The confidential financial documents will not be publicly accessible, even if admitted as a trial or hearing exhibit, unless the court permits access pursuant to § 15-15A-10 . The court may, on its own motion, protect financial documents that have been submitted without the Confidential Financial Documents Information Form;

(3) Names of any child under eighteen years of age, that is not a defendant, in any adult criminal proceeding must appear as "minor" or "minor family member" followed by a numerical identifier. The names must be provided on a separate Confidential Information Form;

(4) Court records in which a child under eighteen years of age is identified as the petitioner or respondent in a protection order proceeding must be treated as confidential and excluded from public access; and

(5) Parties with cases filed prior to the effective date of this rule, or the court on its own, may, by motion, protect the privacy of confidential information as defined in § 15-15A-8 . Parties filing this motion will submit a completed Confidential Information Form or Confidential Financial Documents Information Form as appropriate.

Source: SL 2005, ch 291 (Supreme Court Rule 05-05), eff. Feb. 25, 2005; SL 2006, ch 331 (Supreme Court Rule 06-57), eff. July 1, 2006; SL 2015, ch 270 (Supreme Court Rule 15-08), eff. July 1, 2015; SL 2021, ch 257 (Supreme Court Rule 21-05), eff. Jul. 1, 2021; SL 2026, ch 243 (Supreme Court Rule 26-02), eff. July 1, 2026.
S.D. Codified Laws § 15-12-33 — SD Code / Title 15 / Chapter 12 / Section 15-12-33
Transmittal of copies of order to substitute judge or magistrate and counsel
Status: in_force

When an order appointing a substitute judge or magistrate has been filed with the clerk of the circuit court, that clerk shall notify the appointed judge or magistrate of the appointment by electronic mailing or by personally delivering a copy of such order of appointment and a statement of the case if one has been prepared or requested by the said substitute, and shall provide via electronic or first-class mail a copy of such order of appointment to all parties or to their attorneys of record in the action involved.

Source: SDC 1939 & Supp 1960, § 33.1215; SDCL, § 15-12-15; Supreme Court Rule No. 75-5, § 14; SL 2020, ch 249 (Supreme Court Rule 20-01), eff. Feb. 24, 2020.
S.D. Codified Laws § 15-26A-85 — SD Code / Title 15 / Chapter 26A / Section 15-26A-85
Number of attorneys allowed to argue
Status: in_force

Not more than two attorneys to the side will be allowed to argue any case, except by special permission which will be granted when there are several parties on the same side with divergent interests.

Source: Supreme Court Rule 75-2, § 7; SDCL Supp, § 15-26-25.2 .
S.D. Codified Laws § 15-26A-34 — SD Code / Title 15 / Chapter 26A / Section 15-26A-34
Notice of application for bond
Status: in_force

When the amount, form, or effect of any bond is required to be fixed or approved by a court or judge, at least twenty - four hours' notice of the application therefor shall be given the adverse party.

Source: Supreme Court Rule 79-1, Rule 8 (4); SDCL Supp, § 15-26A-23 .
S.D. Codified Laws § 15-18-16 — SD Code / Title 15 / Chapter 18 / Section 15-18-16
Payment by debtor to officer holding execution--Officer's receipt as discharge
Status: in_force

After the issuing of execution against property any person indebted to the judgment debtor may pay to the officer the amount of such indebtedness, or so much thereof as is necessary to satisfy the execution, and the officer's receipt shall be sufficient discharge thereof, except in cases of negotiable instruments which the officer does not have in possession.

Source: SDC 1939 & Supp 1960, § 33.1918; SL 1973, ch 126, § 4.
S.D. Codified Laws § 15-18-19 — SD Code / Title 15 / Chapter 18 / Section 15-18-19
Money under control of court applied to satisfaction by terms of judgment
Status: in_force

In cases where the property consists of money under control of the court, the judgment may order the application of it toward satisfaction thereof and all persons having custody or control of such money shall be authorized so to apply it upon receipt of a certified copy of such judgment.

Source: SDC 1939 & Supp 1960, § 33.1912.
S.D. Codified Laws § 15-26A-5 — SD Code / Title 15 / Chapter 26A / Section 15-26A-5
Affidavit of indigency in lieu of filing fee
Status: in_force

In lieu of the filing fees provided for in § 15-26A-4 , appellant may file an affidavit of indigency which may be contested as provided in § 15-26A-35 for the exception to personal surety.

Source: Supreme Court Rule 79-1, Rule 7 (3); SDCL Supp, § 15-26A-13 ; Supreme Court Rule 82-1.
S.D. Codified Laws § 15-19-8 — SD Code / Title 15 / Chapter 19 / Section 15-19-8
Publication of notice of real property sale
Status: in_force

Before making an execution sale of real property, the officer conducting the same shall cause public notice thereof to be given by advertisement published in a legal newspaper, published in each county wherein any part of it is situated, once each week for four consecutive weeks, prior to the date of sale. If publication is made upon at least one day in each calendar week, the same shall be sufficient, even though more or less than seven days may intervene between publications. If no newspaper is published in such county, the notice must be published in the nearest legal newspaper in the state likely to give notice, and the designation of such newspaper by the sheriff, and subsequent confirmation of the sale by the court, shall be conclusive as to such designated newspaper being the proper paper for such publication of such notice thereof.

Source: SDC 1939, § 33.2006; Supreme Court Rule adopted September 12, 1942.
S.D. Codified Laws § 15-9-6 — SD Code / Title 15 / Chapter 9 / Section 15-9-6
Endorsement of summons when no personal claim made against defendant--Costs not taxed--Plaintiff's liability for costs on failure to serve notice
Status: in_force

If no personal judgment is asked against a defendant, the plaintiff or his attorney, over his signature, shall endorse upon the summons or attach thereto and serve or publish therewith a notice generally stating the object of the action briefly describing any property affected thereby and stating that no personal claim is made against such defendant. No costs shall be taxed or money judgment taken against such defendant unless he defends the action. Failure to serve such notice shall render the plaintiff liable for costs to an answering defendant entitled to such notice.

Source: SDC 1939 & Supp 1960, § 33.0804.
S.D. Codified Laws § 15-39-52 — SD Code / Title 15 / Chapter 39 / Section 15-39-52
Entry fee--Summons not required--Statement to clerk or magistrate in lieu of pleading--Fee exemption
Status: in_force

The procedure shall include the beginning of actions with an entry fee of four dollars for actions up to one hundred dollars, ten dollars for actions up to one thousand dollars, and twenty dollars for actions over one thousand dollars, but without summons, and without requirement, except by special order of the magistrate or court, of other pleading than the written and signed statement to the clerk of courts, or magistrate. No fee may be required of the state, its officers, boards, agencies and commissions, or its political subdivisions, in any action commenced by the state or a political subdivision.

Source: SDC 1939 & Supp 1960, § 33.4101; SL 1961, ch 181; SDCL, § 15-39-5 ; SL 1977, ch 173, § 1; Supreme Court Rule 81-4; SL 1984, ch 148, § 1.
S.D. Codified Laws § 15-20-16 — SD Code / Title 15 / Chapter 20 / Section 15-20-16
Recording by register of deeds of order appointing receiver--Destruction of records
Status: in_force

A certified copy of the order appointing the receiver must be filed and recorded in the office of the register of deeds of the county in which the judgment debtor resides and also in any county wherein personal property to be affected by the order is situated before the receiver may take possession and control of any such personal property. However, the register of deeds may destroy any record which the records destruction board, acting pursuant to § 1-27-19 , declares to have no further administrative, legal, fiscal, research, or historical value.

Source: SDC 1939 & Supp 1960, § 33.2407; SL 1981, ch 45, § 16.
S.D. Codified Laws § 15-8-22 — SD Code / Title 15 / Chapter 8 / Section 15-8-22
Citation of uniform tort-feasor provisions
Status: in_force

Sections 15-8-11 to 15-8-22 , inclusive, may be cited as the uniform contribution among tort - feasors law.

Source: SL 1945, ch 167, § 10; SDC Supp 1960, § 33.04A01.
S.D. Codified Laws § 15-14-1 — SD Code / Title 15 / Chapter 14 / Section 15-14-1
Order of proceedings at trial
Status: in_force

In civil jury cases, prior to the jury having been selected and sworn, the court may read a written statement of the case agreed upon by the parties to the prospective jurors. The statement may include a summary of the uncontested facts of the case, the claims of the parties and the issues presented. Any such statement of the case shall be submitted to the parties and agreed to by them before being read to the jury panel. The statement of the case read to the prospective jurors shall become a part of the instructions and charge to the jury except to the extent that justice may require any modification thereof after the evidence has been concluded. The jury shall then be selected and sworn, and the trial shall then proceed in the following order, subject to the right of the court, for good cause shown, otherwise to direct the order of statements, proof, and argument:

(1) The court may give such general and preliminary instructions pursuant to § 15-6-51 , as the court, in its discretion, deems advisable;

(2) The plaintiff or party having the burden of proof shall state the issues and the general nature of the evidence he expects to produce in substantiation of the issues by stating what he claims the issuable facts to be, without argument, and without naming or identifying any particular witness or exhibit by which he expects to prove any of such issuable facts unless permitted by the court;

(3) The defendant or party not having the burden of proof shall then state the issues and the general nature of the evidence he expects to produce in substantiation of the issues by stating what he claims the issuable facts to be, without argument, and without naming or identifying any particular witness or exhibit by which he expects to prove any of such issuable facts unless permitted by the court;

(4) The party having the burden of proof shall then produce and offer before the court and jury the evidence on his part;

(5) The opposing party shall then produce and offer before the court and jury his evidence in support of his defense;

(6) The party having the burden of proof may then offer rebutting evidence only, and the opposing party may also offer rebutting evidence only, unless the court for good reason, in furtherance of justice, permit them to offer evidence upon their original case;

(7) When the evidence is concluded the court shall then settle the instructions and charge the jury;

(8) After the court shall have charged the jury, the plaintiff or party having burden of proof may commence and may conclude the argument, the opposing party making his argument between the opening and concluding argument of plaintiff.

Source: SDC 1939 & Supp 1960, § 33.1307; SL 1993, ch 389 (Supreme Court Rule 93-6); SL 1999, ch 269; SL 2000, ch 257 (Supreme Court Rule 00-3).
S.D. Codified Laws § 15-26A-79 — SD Code / Title 15 / Chapter 26A / Section 15-26A-79
Number of copies of briefs to be served and filed
Status: in_force

A copy of each brief shall be served on the attorney for each party to the appeal separately represented and upon any party who is not represented by counsel. A copy of each brief shall be filed with the clerk of the Supreme Court. In addition to electronic submission of each brief, an original must be submitted to the clerk. The clerk shall not accept a brief for filing unless it is accompanied by admission or proof of service.

Source: Supreme Court Rule 79-1, Rule 14 (3); SDCL Supp, § 15-26A-57; SL 2019, ch 226 (Supreme Court Rule 19-05); Supreme Court Order dated Aug. 30, 2022; SL 2023, ch 223 (Supreme Court Rule 23-06), eff. Apr. 1, 2023.
S.D. Codified Laws § 15-17-57 — SD Code / Title 15 / Chapter 17 / Section 15-17-57
Disbursements taxed when appeal affirmed in part and reversed in part--Discretion of court
Status: in_force

If an appeal is affirmed in part and reversed in part, disbursements taxed in the trial court are vacated. The trial court may, in its discretion, in the interest of justice, allow or apportion the taxation of disbursements by any party after remand of an appeal which has been affirmed in part and reversed in part by the Supreme Court.

Source: SL 1992, ch 148, § 22.
S.D. Codified Laws § 15-6-25.1 — SD Code / Title 15 / Chapter 6 / Section 15-6-25.1
Dismissal of parties--Subsequent pleadings
Status: in_force

If a party is dismissed or dropped from a multiparty civil action by order of the court, the name of the dismissed or dropped party may not appear on subsequent pleadings.

Source: SL 1989, ch 174.
S.D. Codified Laws § 15-20-19 — SD Code / Title 15 / Chapter 20 / Section 15-20-19
Disobedience of order of judge or referee as contempt
Status: in_force

If any person, party, or witness disobey an order of the judge or referee duly served, such person, party, or witness may be punished by the judge as for a contempt.

Source: SDC 1939 & Supp 1960, § 33.2408.
S.D. Codified Laws § 15-2-36 — SD Code / Title 15 / Chapter 2 / Section 15-2-36
Actions for breach of trust against qualified persons
Status: in_force

If § 21-22-30 or 55-3-45 do not apply, absent fraud, intentional misrepresentation, or material omission, an action to recover for breach of trust against a qualified person as defined in § 55-3-41 or an officer, director, or employee of a qualified person may be commenced only within two years of a trustee's accounting for the period of the breach pursuant to chapter 55-3 . In the case of fraud, intentional misrepresentation, or material omission, the limitation period does not commence to run until discovery of the breach of trust.

Source: SL 2007, ch 247, § 5; SL 2010, ch 232, § 27.
S.D. Codified Laws § 15-16-40 — SD Code / Title 15 / Chapter 16 / Section 15-16-40
Motion and order for discharge except to extent that debt not discharged in bankruptcy
Status: in_force

If a judgment creditor objects to the discharge of a judgment, on motion of the judgment debtor, the judgment creditor, or other interested party, the court shall order the judgment discharged except to the extent that the debt represented by the judgment was not discharged by the bankruptcy discharge.

Source: SL 2012, ch 110, § 4.
S.D. Codified Laws § 15-26A-19 — SD Code / Title 15 / Chapter 26A / Section 15-26A-19
Stay of further proceedings pending petition for appeal from intermediate order--Security required--Filing of order granting stay
Status: in_force

Upon the filing of any petition referred to in § 15-26A-13 with the clerk of the Supreme Court, the petitioner may make application to the court for a stay of proceedings pending action of the court on such petition. The court shall grant such stay only when satisfied that the ends of justice require it, and upon such security as the court may direct to safeguard any other party against damage by reason of delay. If the court makes an order granting such stay, a certified copy thereof must be filed with the clerk of the court from which the appeal is sought. The filing of the petition shall not operate to stay proceedings except as provided in this section.

Source: SDC 1939 & Supp 1960, § 33.0705; SDCL, § 15-26-15 ; Supreme Court Rule 80-1.
S.D. Codified Laws § 15-30-9 — SD Code / Title 15 / Chapter 30 / Section 15-30-9
Objections to taxation of costs on appeal--Reply to objections--Decision by court
Status: in_force

At any time within ten days after the mailing of such notice of taxation of costs, any party aggrieved may object to the same by serving written objections upon the other parties to the appeal and filing such objections with proof of service thereof with the clerk of the Supreme Court. If any relevant question of fact is raised, the party objecting shall serve and file with the objections, proof in the form of an affidavit or affidavits of the facts as claimed by the party. The objections may be supported by such written argument or authority as the party desires to submit in support of the same. Within five days after the service of such objections, any party to the appeal may reply thereto by serving the same with answering affidavits if any on the other parties and filing the reply with the clerk of the court. Such reply may contain such argument and authority as the party may desire to submit. Upon receipt of such objections and replies, if any, and after the time for serving and filing the same has expired, the court shall consider and decide upon the same and make such order thereon as to it may seem warranted and such order shall be final and not subject to rehearing or appeal excepting that the court will at all times reserve the right to correct any actual mistake or error existing therein.

Source: SDC 1939 & Supp 1960, § 33.0753; SL 2023, ch 232 (Supreme Court Rule 23-15), eff. Apr. 1, 2023.
S.D. Codified Laws § 15-6-74 — SD Code / Title 15 / Chapter 6 / Section 15-6-74
Motions
Status: in_force

(1) Motions to dismiss. Any party may file any motion permitted by § 15-6-12(b). Unless the court orders a stay, the filing of a motion to dismiss will not eliminate or postpone otherwise applicable pleading or disclosure requirements.

(2) Motions for summary judgment.

(A) Any party may file any motion permitted by § 15-6-56 .

(B) Limited number. Each party may file no more than one motion for summary judgment under § 15-6-56 . The motion may include more than one ground.

(C) Deadline. Motions for summary judgment under § 15-6-56 must be filed no later than 90 days before trial.

Source: SL 2016, ch 238 (Supreme Court Rule 15-16 ), eff. Jan. 1, 2016.
S.D. Codified Laws § 15-16-45 — SD Code / Title 15 / Chapter 16 / Section 15-16-45
Criteria for recognition of out-of-country foreign judgments
Status: in_force

In deciding whether to enforce and recognize an out-of-country foreign judgment, the court shall consider the following factors when deciding whether to enforce and recognize a out-of-country foreign judgment, to wit:

(1) The foreign court actually had jurisdiction over both the subject matter and the parties;

(2) The judgment was not obtained fraudulently;

(3) The judgment was rendered by a system of law reasonably assuring the requisites of an impartial administration of justice which includes due notice and a hearing;

(4) The judgment did not contravene the public policy of the jurisdiction in which it is relied upon; and

(5) The jurisdiction issuing the order or judgment also grants comity to orders and judgments of South Dakota courts.

Source: SL 2013, ch 98, § 2.
S.D. Codified Laws § 15-26A-9 — SD Code / Title 15 / Chapter 26A / Section 15-26A-9
Matters subject to review on appeal from order denying new trial
Status: in_force

When reviewing an order denying a new trial, the Supreme Court may review all matters properly and timely presented to the court by the application for a new trial.

Source: SDC 1939 & Supp 1960, § 33.0710; SDCL, § 15-26-21 .
S.D. Codified Laws § 15-15A-11 — SD Code / Title 15 / Chapter 15A / Section 15-15A-11
Requests for bulk distribution of court records
Status: in_force

Dissemination of bulk information for resale is prohibited pursuant to § 1-27-1 . Any other bulk dissemination is prohibited except as authorized by the State Court Administrator or the Chief Justice of the Supreme Court.

Source: SL 2004, ch 333 (Supreme Court Rule 04-06), eff. July 1, 2004; SDCL § 15-15A-8 ; SL 2005, ch 291 (Supreme Court Rule 05-05), eff. Feb. 25, 2005.
S.D. Codified Laws § 15-9-1 — SD Code / Title 15 / Chapter 9 / Section 15-9-1
Security for costs required of nonresident plaintiff
Status: in_force

In cases in which the plaintiff is a nonresident of the state or a foreign corporation or a foreign limited liability company at the time of commencing the action or if the plaintiff removes from the state after its commencement, the plaintiff shall furnish sufficient security for costs.

Source: SDC 1939 & Supp 1960, § 33.1820; SL 1994, ch 351, § 36.
S.D. Codified Laws § 15-39-48 — SD Code / Title 15 / Chapter 39 / Section 15-39-48
Plaintiff's statement of claim to clerk--Entry in docket--Signature--Contents--Multiple claims--Beginning of action
Status: in_force

The plaintiff initiating the action or the plaintiff's attorney shall complete the information on the small claims form available in the clerk of courts office, and provide a written and signed statement of the cause of action to the clerk who shall docket the action. The statement must contain the facts upon which the claim is based and be accompanied by supporting documents. A cause of action is defined as a claim arising out of the same transaction or incident. Multiple claims or causes of action by multiple parties may be brought against a defendant, or against defendants provided liability is joint and several. The docketing by the clerk shall be deemed the beginning of the action.

Source: SDC 1939 & Supp 1960, § 33.4108; SDCL, § 15-39-8; Supreme Court Rule 81-4; SL 1988, ch 424 (Supreme Court Rule 87-5); Supreme Court Rule 98-29; SL 2001, ch 299 (Supreme Court Rule 01-07).
S.D. Codified Laws § 15-18-8 — SD Code / Title 15 / Chapter 18 / Section 15-18-8
Direction in writ to satisfy judgment from property held by successors, tenants, or trustees
Status: in_force

The writ of execution, if it be against real or personal property in the hands of personal representatives, heirs, devisees, legatees, or tenants of real property or trustees, shall require the officer substantially to satisfy the judgment out of such property.

Source: SDC 1939 & Supp 1960, § 33.1904 (2).
S.D. Codified Laws § 15-18-7 — SD Code / Title 15 / Chapter 18 / Section 15-18-7
Direction in writ to satisfy judgment from debtor's property
Status: in_force

The writ of execution, if it be against the property of the judgment debtor, shall require the officer substantially to satisfy the judgment with interest and accruing costs out of the property of such debtor.

Source: SDC 1939 & Supp 1960, § 33.1904 (1).
S.D. Codified Laws § 15-9-21 — SD Code / Title 15 / Chapter 9 / Section 15-9-21
Time of completion of service by publication or personal service in lieu of publication--Commencement of time for filing answer
Status: in_force

The service of summons, writ, order, or decree by publication shall be deemed complete upon the last publication thereof ordered by the court. The time in which answer shall be required by the writ, order, or decree become effective, shall commence to run the day next following such last publication. In case personal service shall be made upon any defendant as to whom the publication has been ordered, service shall be complete on the date of making such personal service.

Source: SDC 1939, § 33.0813; SL 1947, ch 154.
S.D. Codified Laws § 15-15A-13 — SD Code / Title 15 / Chapter 15A / Section 15-15A-13
Requests to prohibit public access to information in court records
Status: in_force

A request to prohibit public access to information in a court record may be made by any party to a case, the individual about whom information is present in the court record, or on the court's own motion. Notice of the request must be provided to all parties in the case and the court may order notice be provided to others with an interest in the matter. The court shall hear any objections from other interested parties to the request to prohibit public access to information in the court record. The court must decide whether there are sufficient grounds to prohibit access according to applicable constitutional, statutory and common law. In deciding this the court should consider the purpose of this rule as set forth in § 15-15A-1 . In restricting access, the court will use the least restrictive means that will achieve the purposes of this access rule and the needs of the requestor.

Source: SL 2004, ch 333 (Supreme Court Rule 04-06), eff. July 1, 2004; SDCL § 15-15A-10 ; SL 2005, ch 291 (Supreme Court Rule 05-05), eff. Feb. 25, 2005.
S.D. Codified Laws § 15-19-24 — SD Code / Title 15 / Chapter 19 / Section 15-19-24
Sheriff's deed to real property sold
Status: in_force

Upon the expiration of the period for redemption, the sheriff or other officer who made the sale, his successor, or some other person appointed by the court for that purpose, must make the purchaser, or the party entitled thereto, a deed of the real property sold.

Source: SDC 1939 & Supp 1960, § 33.2202.
S.D. Codified Laws § 15-9-18 — SD Code / Title 15 / Chapter 9 / Section 15-9-18
Filing of complaint stated in publication of summons--Publication of complaint not required
Status: in_force

In all cases where the summons is served by publication, the complaint must be filed and the summons as published must state the date and place of such filing. The complaint need not be published.

Source: SDC 1939, § 33.0813; SL 1947, ch 154.
S.D. Codified Laws § 15-13-4 — SD Code / Title 15 / Chapter 13 / Section 15-13-4
Fees, expense, and compensation of shorthand reporter
Status: in_force

The fees and necessary expense of the referee and the compensation of the shorthand reporter shall be fixed by the court, after filing the report, and shall be audited and paid by the county wherein the court is held which made the reference; provided that the compensation of such reporter for making a transcript of the evidence shall not be a charge against or paid by the county, but when ordered by the referee shall be paid by the parties to the action.

Source: SDC 1939 & Supp 1960, § 33.1514.
S.D. Codified Laws § 15-26A-44 — SD Code / Title 15 / Chapter 26A / Section 15-26A-44
Liability of sureties on dismissal of appeal
Status: in_force

The dismissal of an appeal by the appellant, or by the court for want of prosecution, unless the court shall at the time otherwise expressly order, shall render the sureties upon any undertaking, given under this title, liable in the same manner and to the same extent as if the judgment or order appealed from had been affirmed.

Source: SDC 1939 & Supp 1960, § 33.0728; SDCL, § 15-28-8.
S.D. Codified Laws § 15-5A-7 — SD Code / Title 15 / Chapter 5A / Section 15-5A-7
Civil commitment hearings
Status: in_force

At the discretion of the court, civil commitment hearings may be conducted by interactive audiovisual device.

Source: SL 2007, ch 301 (Supreme Court Rule 06-69), eff. Jan. 1, 2007.
S.D. Codified Laws § 15-26A-13 — SD Code / Title 15 / Chapter 26A / Section 15-26A-13
Petition for permission to take discretionary appeal
Status: in_force

An appeal from an intermediate order made before trial as prescribed by subdivision 15-26A-3 (6) may be sought by filing a petition for permission to appeal, together with proof of service thereof upon all other parties to the action in circuit court, with the clerk of the Supreme Court within ten days after notice of entry of such order. When a petition is forwarded to the clerk for filing by mail it shall be accompanied by an affidavit of mailing or certificate of service of mailing and shall be deemed to be filed as of the date of mailing.

The petition shall be filed with the clerk of the Supreme Court, together with the required statutory filing fees unless exempt by law.

Source: Supreme Court Rule 79-1, Rule 5 (1); SDCL Supp, § 15-26A-5; Supreme Court Rule 81-6; SL 2011, ch 245 (Supreme Court Rule 11-02), eff. July 1, 2011; SL 2023, ch 220 (Supreme Court Rule 23-03), eff. Apr. 1, 2023.
S.D. Codified Laws § 15-2-14.2 — SD Code / Title 15 / Chapter 2 / Section 15-2-14.2
Time for bringing legal malpractice actions--Prospective application
Status: in_force

An action against a licensed attorney, his agent or employee, for malpractice, error, mistake, or omission, whether based upon contract or tort, can be commenced only within three years after the alleged malpractice, error, mistake, or omission shall have occurred. This section shall be prospective in application.

Source: SL 1977, ch 170.
S.D. Codified Laws § 15-39-51 — SD Code / Title 15 / Chapter 39 / Section 15-39-51
Deputy clerk authorized to act--Magistrate to perform clerk's duties
Status: in_force

The word "clerk" in this chapter shall include a deputy clerk. If a claim is filed with a magistrate, the duties to be performed by the clerk in this chapter shall be performed by the magistrate.

Source: SDC 1939, § 33.4106; Supreme Court Rule adopted May 1, 1942; SDCL, § 15-39-6; SL 1977, ch 173, § 2; Supreme Court Rule 81-4.
S.D. Codified Laws § 15-6-29 — SD Code / Title 15 / Chapter 6 / Section 15-6-29
Stipulations regarding the taking of depositions
Status: in_force

If the parties so stipulate in writing, depositions may be taken before any person, at any time or place, upon any notice, and in any manner and when so taken may be used like other depositions.

Source: SDC 1939 & Supp 1960, § 36.0512; SD RCP, Rule 29, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
S.D. Codified Laws § 15-13-3 — SD Code / Title 15 / Chapter 13 / Section 15-13-3
Shorthand reporter--Appointment, qualifications and duties
Status: in_force

The referee may appoint a shorthand reporter whose qualifications and duties shall be the same as those of the shorthand reporter of the court.

Source: SDC 1939 & Supp 1960, § 33.1514.
S.D. Codified Laws § 15-20-18 — SD Code / Title 15 / Chapter 20 / Section 15-20-18
Action by receiver to determine adverse claims to property--Order prohibiting transfer pending determination
Status: in_force

If it appear that a person or corporation alleged to have property of the judgment debtor or to be indebted to him claims an interest in the property adverse to him or denies the debt, such interest or debt shall be recoverable only in an action against such person or corporation by the receiver; but the judge may by order forbid a transfer or other disposition of such property or interest until a sufficient opportunity be given to the receiver to commence the action and prosecute the same to judgment and execution; but such order may be modified or dissolved by the judge granting the same at any time on such security as he shall direct.

Source: SDC 1939 & Supp 1960, § 33.2405.
S.D. Codified Laws § 15-18-34 — SD Code / Title 15 / Chapter 18 / Section 15-18-34
Collection or sale of property levied on
Status: in_force

After making levy thereon an officer may collect things in action by suit in his own name, or by selling the same at public sale.

Source: SDC 1939 & Supp 1960, § 33.1917.
S.D. Codified Laws § 15-26A-87.1 — SD Code / Title 15 / Chapter 26A / Section 15-26A-87.1
Disposition on briefs and record--Grounds--Citation of decisions restricted
Status: in_force

(A) After all briefs have been filed in any appeal, the Supreme Court by unanimous action may, sua sponte, enter an order or memorandum opinion affirming the judgment or order of the trial court for the reason that it is manifest on the face of the briefs and the record that the appeal is without merit because:

(1) The issues are clearly controlled by settled South Dakota law or federal law binding upon the states;

(2) The issues are factual and there clearly is sufficient evidence to support the jury verdict or findings of fact below;

(3) The issues are ones of judicial discretion and there clearly was not an abuse of discretion; or

(4) Other good cause exists for summary affirmance, in which case the order or memorandum shall contain a succinct statement of the reason for affirmance.

(B) Notwithstanding the provision in section (A) requiring unanimous action, an order or memorandum opinion affirming the judgment or order of the trial court may be entered pursuant to subsections (1) through (4) of section (A) on a majority vote, even though the claim may have merit in the view of the minority, provided that all justices participating in the action shall agree that such summary disposition of the action may be made.

(C) After all briefs have been filed in any appeal, the Supreme Court by unanimous action may, sua sponte, enter an order or memorandum opinion reversing the judgment or order of the trial court for the reason that it is manifest on the face of the briefs and the record that it is clear the order or judgment is erroneous for one or more of the following reasons:

(1) Summary judgment was erroneously granted because a genuine issue of material fact exists;

(2) The judgment or order was clearly contrary to settled South Dakota law or federal law binding upon the states;

(3) The issue on appeal is one of judicial discretion and there clearly was an abuse of discretion; or

(4) Other good cause exists for summary reversal, in which case the order or memorandum shall contain a succinct statement of the reason for reversal.

(D) Notwithstanding the provision in section (C) requiring unanimous action, an order or memorandum opinion reversing the judgment or order of the trial court may be entered pursuant to subsections (1) through (4) of section (C) on a majority vote, even though the claim may have merit in the view of the minority, provided that all justices participating in the action shall agree that such summary disposition of the action may be made.

(E) A list indicating the disposition of all decisions rendered by the Supreme Court under this section shall be published quarterly in the Northwestern Reporter. Such decisions shall not be cited or relied upon as authority in any litigation in any court in South Dakota except when the decision establishes the law of the case, res judicata or collateral estoppel, or in a criminal action or proceeding involving the same defendant or a disciplinary action or proceeding involving the same person.

A petition for rehearing of a cause decided under this section may be served and filed pursuant to the provisions of § 15-30-4 .

Costs in favor of the prevailing party shall be assessed as provided in chapter 15-30 .

Source: Supreme Court Rule 81-5; Supreme Court Rule 82-20; Supreme Court Rule 82-34; Supreme Court Rule 85-3; SL 1987, ch 400 (Supreme Court Rule 86-26); Supreme Court Rule 89-25; SL 1989, ch 700, § 1; SL 2022, ch 255 (Supreme Court Rule 22-02), eff. Feb. 1, 2022.
S.D. Codified Laws § 15-25-4 — SD Code / Title 15 / Chapter 25 / Section 15-25-4
Reply to petition for rehearing
Status: in_force

Any party may reply to the petition for rehearing by serving and filing such reply at any time within ten days after the service thereof.

Source: SDC 1939 & Supp 1960, § 33.0603.
S.D. Codified Laws § 15-39-71 — SD Code / Title 15 / Chapter 39 / Section 15-39-71
Witnesses and evidence received on hearing
Status: in_force

Witnesses shall be sworn; but the court shall conduct the hearing in such order and form and with such methods of proof as it deems best suited to discover the facts and to determine the justice of the case. Interrogatories shall not be filed nor depositions taken, except by leave of court.

Source: SDC 1939 & Supp 1960, § 33.4114; SDCL, § 15-39-35; Supreme Court Rule 81-4.
S.D. Codified Laws § 15-16-7 — SD Code / Title 15 / Chapter 16 / Section 15-16-7
Lien of docketed judgment on real property within county--Duration of lien
Status: in_force

When a judgment has been docketed with a clerk of the circuit court, it shall be a lien on all the real property, except the homestead, in the county where the same is so docketed, of every person against whom any such judgment shall be rendered, and which he may have at the time of the docketing thereof in the county in which such real property is situated, or which he shall acquire at any time thereafter, for ten years from the time of docketing the same in the county where it was rendered, and no judgment shall become a lien on real property as herein provided unless it be docketed in the county where the land is situated.

Source: SDC 1939 & Supp 1960, § 33.1717.
S.D. Codified Laws § 15-15-2 — SD Code / Title 15 / Chapter 15 / Section 15-15-2
Clerk or judge to keep minutes in absence of reporter--Computer record
Status: in_force

If there is no court reporter making such record, the clerk of the court shall keep full and accurate minutes of all such matters as referred to in § 15-15-1 and rulings thereon. In the absence of both reporter and clerk, the judge shall preserve the minutes of the proceedings. If the record of the court action is kept by an automated process, the computer record shall constitute the minutes of the court.

Source: SDC 1939 & Supp 1960, § 33.1601; SL 1991, ch 167.
S.D. Codified Laws § 15-9-19 — SD Code / Title 15 / Chapter 9 / Section 15-9-19
Mailing of summons and complaint to defendant served by publication
Status: in_force

The court or judge must also direct a copy of the summons and complaint to be forthwith sent by first class mail, directed to the person to be served at his post office address unless it appears that the place of residence and post office address of such person is neither known to the party making the application nor can with reasonable diligence be ascertained by him; and also directed to any corporation to be served at its present or last known office or place of business.

Source: SDC 1939, § 33.0813; SL 1947, ch 154.
S.D. Codified Laws § 15-16-38 — SD Code / Title 15 / Chapter 16 / Section 15-16-38
Contents of application--Service on judgment creditors
Status: in_force

An application under § 15-16-37 shall be sworn under oath and identify each judgment to be discharged, shall state that each judgment sought to be discharged was listed on the debtor's bankruptcy schedules, that no judgment sought to be discharged is nondischargeable under 11 USC § 523 or no order was entered by the bankruptcy court declaring any of the judgments nondischargeable, shall be accompanied by a certified copy of the judgment debtor's bankruptcy discharge, shall state the time the judgment creditor has to object as specified in § 15-16-39 and the grounds for objection as specified in § 15-16-40 and shall be served at the expense of the applicant on each judgment creditor either:

(1) In the manner provided for the service of a summons in a civil action accompanied by an affidavit of service; or

(2) By certified mail to the judgment creditor's last known address as it appears in the court record accompanied by an affidavit of mailing.

Source: SL 2012, ch 110, § 2; SL 2013, ch 97, § 1.
S.D. Codified Laws § 15-3-19 — SD Code / Title 15 / Chapter 3 / Section 15-3-19
Time allowed for assertion of irregularities in notice involving real property--Persons under disability
Status: in_force

Whenever any notice required by law to be served in any judicial or other proceeding authorized by law affecting the title to any real property in this state upon any person having or claiming to have any title to, interest in, or lien upon such real property heretofore has been or hereafter shall be personally served upon such person either within this state or elsewhere, and proof of such service made and filed, notwithstanding such notice may have been or may be defective in form, if it described or shall describe the real property intended to be affected with sufficient certainty to inform the person so served of the tract intended, and to enable a person of ordinary intelligence to understand the object and effect of the notice, no objection to the sufficiency or form of the notice, or to the form of proof of service shall be considered in any action or proceeding involving the title to the real property affected thereby unless the objection be properly made and advantage sought to be taken of it within three years from the personal service of the same. Nothing herein contained shall operate to extend the time for doing any of the acts herein mentioned where the failure to make such objection would, independently of this section, create an estoppel to such objection. Any person under disability at the time of the service of such notice may make objection to the regularity or sufficiency of the same at any time within three years from the removal of the disability.

Source: SDC 1939 & Supp 1960, § 33.0231.
S.D. Codified Laws § 15-39-76 — SD Code / Title 15 / Chapter 39 / Section 15-39-76
Costs awarded on motion to vacate judgment
Status: in_force

Costs in an amount fixed by the court not exceeding two hundred fifty dollars may be awarded, in the discretion of the court, for or against either party to a motion to vacate judgment, and judgment may be entered and execution may be issued therefor, and any action by the court may be made conditional upon the payment of such costs of the performance or any other proper condition.

Source: SDC 1939 & Supp 1960, § 33.4118; SDCL, § 15-39-41; Supreme Court Rule 81-4; SL 1987, ch 29, § 77; Supreme Court Rule 97-22.
S.D. Codified Laws § 15-26A-67 — SD Code / Title 15 / Chapter 26A / Section 15-26A-67
Briefs of multiple appellants or appellees
Status: in_force

In cases involving more than one appellant or appellee, including cases consolidated for purposes of appeal, any number of either may join in a single brief, and any appellant or appellee may adopt by reference any part of the brief of another. Parties may similarly join in reply briefs.

Source: Supreme Court Rule 79-1, Rule 12 (8); SDCL Supp, § 15-26A-49 .
S.D. Codified Laws § 15-2A-4 — SD Code / Title 15 / Chapter 2A / Section 15-2A-4
Persons in control of improvement may not assert limitation
Status: in_force

The limitation in § 15-2A-3 may not be asserted by way of defense by any person in actual possession and control as owner, tenant or otherwise, of the improvement at the time any deficiency in such an improvement constitutes the proximate cause of the injury or death for which it is proposed to bring an action.

Source: SL 1985, ch 156, § 4.
S.D. Codified Laws § 15-39-45 — SD Code / Title 15 / Chapter 39 / Section 15-39-45
Uniform rules of practice for circuit and magistrate courts--Purpose and scope of rules--Exemplary damages restricted
Status: in_force

The Supreme Court may amend and repeal uniform rules of practice applicable to circuit and magistrate courts in this state, providing for a simple, informal, and inexpensive procedure, hereinafter called the procedure, for the determination according to the rules of substantive law, of claims in the nature of contract or tort, other than slander and libel; for the collection of fees, costs, or civil penalties assessed by local governmental entities; and for review of judgments upon such claims when justice so requires.

Exemplary or punitive damages may not be awarded under this chapter, except as provided in chapter 60-11 , chapter 22-30A , and §§ 43-32-6 and 43-32-24 .

Source: SDC 1939, § 33.4101; SL 1959, ch 231; SDCL § 15-39-1 ; SL 1971, ch 149; SL 1974, ch 153, § 19; SL 1977, ch 178, § 3; SL 1980, ch 168, § 1; Supreme Court Rule 81-4; SL 1983, ch 158, § 2; SL 1986, ch 167, § 1; SL 1992, ch 149, § 1; SL 1992, ch 150; SL 1999, ch 103, § 1; SL 2009, ch 100, § 1.
S.D. Codified Laws § 15-15-3 — SD Code / Title 15 / Chapter 15 / Section 15-15-3
Exhibits and record evidence marked for identification and filed--Reading of contents or description into trial record
Status: in_force

All exhibits or other record evidence offered at the trial of a cause shall be marked for identification by the shorthand reporter or clerk and shall be filed as records in said cause. The trial judge may order a copy of any exhibit or of the material parts thereof filed in place of the original or may direct that the material parts thereof be read into the record upon the trial and when the exhibit is of such nature that it cannot be filed or the contents thereof read into the record, a description thereof shall be read into the record upon the trial.

Source: SDC 1939 & Supp 1960, § 33.1602.
S.D. Codified Laws § 15-5A-1 — SD Code / Title 15 / Chapter 5A / Section 15-5A-1
General provisions
Status: in_force

Whenever a proceeding in civil or criminal court is permitted under these rules to be conducted by interactive audiovisual device, the device shall enable a judge or magistrate to see and converse simultaneously with the parties, their counsel or other persons including witnesses. The interactive audiovisual signal shall be transmitted live and shall be secure from interception through lawful means by anyone other than the persons participating in the proceeding.

Parties and witnesses appearing by means of an interactive audiovisual device at proceedings authorized under this chapter to be conducted by such device are deemed to be present at the proceedings. Proceedings conducted by interactive audiovisual device under this chapter are also deemed to be conducted in open court unless otherwise closed to the public pursuant to statute.

A judge or any other person authorized by law to administer oaths may administer an oath to a witness who is not personally present but who is appearing by means of the interactive audiovisual device. The provisions of § 22-29-1 shall apply even though the person taking the oath was not personally present before the person administering the oath, and prosecution for perjury shall take place in the jurisdiction of the tribunal receiving the interactive audiovisual testimony.

If parties and their counsel are at different locations, arrangements must be made so that they can communicate privately. Facilities must be available so that any documents filed or referred to during the interactive audiovisual communication, or required to be provided to a party, his or her counsel, or a witness prior to or during the proceeding, may be transmitted electronically, including, but not limited to, facsimile, personal computers, other terminal devices, and local, state, and national data networks. Any documents furnished by means of such an electronic data transmission may be served or executed by the person to whom it is sent, and returned in the same manner, and with the same force, effect, authority, and liability as an original document. All signatures on the electronic data transmissions shall be treated as original signatures.

Nothing contained herein shall be construed as affecting a defendant's right to waive counsel.

Source: SL 2007, ch 301 (Supreme Court Rule 06-69), eff. Jan. 1, 2007; SL 2022, ch 254 (Supreme Court Rule 22-01), eff. Feb. 1, 2022.
S.D. Codified Laws § 15-26A-46 — SD Code / Title 15 / Chapter 26A / Section 15-26A-46
Failure to pay damages determined by referee as breach of undertaking
Status: in_force

A neglect for a space of thirty days after the confirmation of the report of a referee, to whom a reference has been ordered for the purpose of ascertaining the damages to be paid, on the affirmance of any other judgment or order appealed from, to pay the amount of damages so ascertained and the expense of such reference, shall be deemed a breach of the undertaking on such appeal.

Source: SDC 1939 & Supp 1960, § 33.0728; SDCL, § 15-28-10.
S.D. Codified Laws § 15-6-2 — SD Code / Title 15 / Chapter 6 / Section 15-6-2
One form of action
Status: in_force

There shall be one form of action to be known as a "civil action." The distinction between actions at law and suits in equity, and the forms of all such actions and suits, are abolished in this state.

Source: SDC 1939 & Supp 1960, § 33.0101; SD RCP, Rule 2, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
S.D. Codified Laws § 15-11-10 — SD Code / Title 15 / Chapter 11 / Section 15-11-10
Terms imposed on continuance or postponement
Status: in_force

Every continuance or postponement granted upon application shall be upon such terms as the court may impose.

Source: SDC 1939 & Supp 1960, § 33.1117.
S.D. Codified Laws § 15-8-14 — SD Code / Title 15 / Chapter 8 / Section 15-8-14
Joint tort-feasor not entitled to contribution to settlement unless liability extinguished
Status: in_force

A joint tort - feasor who enters into a settlement with the injured person is not entitled to recover contribution from another joint tort - feasor whose liability to the injured person is not extinguished by the settlement.

Source: SL 1945, ch 167, § 2; SDC Supp 1960, § 33.04A03 (3).
S.D. Codified Laws § 15-24A-6 — SD Code / Title 15 / Chapter 24A / Section 15-24A-6
Costs of certification
Status: in_force

Fees and costs shall be the same as in civil appeals docketed before the Supreme Court and shall be equally divided between the parties unless otherwise ordered by the certifying court in its order of certification.

Source: Supreme Court Rule 85-7, § 5.
S.D. Codified Laws § 15-19-35 — SD Code / Title 15 / Chapter 19 / Section 15-19-35
Application of proceeds of sale
Status: in_force

Every officer or person who conducts an execution sale shall apply the proceeds of such sale:

(1) To the payment of the costs and expenses of the sale, including any actual out-of-pocket expenses and reasonable costs incurred by a sheriff;

(2) To the satisfaction of the execution under which the sale is made;

(3) To the satisfaction of any other execution in the officer's or person's hands, to which such proceeds may be lawfully applied;

(4) To pay the surplus, if any, to the defendant, or into court for the use of the defendant or the person entitled thereto, subject to the order of the court. If such surplus or any part thereof remains in the court for the term of three months without being applied for, the court may direct the same to be put out at interest for the benefit of the defendant, the defendant's representatives, or assigns, subject to the order of the court.

Source: SDC 1939 & Supp 1960, § 33.2016; SL 2007, ch 129, § 2.
S.D. Codified Laws § 15-26A-41 — SD Code / Title 15 / Chapter 26A / Section 15-26A-41
Deposit in lieu of undertaking--Notice of deposit
Status: in_force

When the appellant is required, under any provisions of this title, to give an undertaking, he may in lieu thereof deposit with the clerk of the court in which the judgment or order appealed from is entered, a sum of money equal to the amount for which such undertaking is required to be given, and in lieu of the service of such undertaking, serve a notice of the making of such deposit. Such deposit and notice shall have the same effect as the service of the required undertaking, and be held to answer the event of the appeal upon the terms prescribed for the undertaking, in lieu of which the same is deposited.

Source: SDC 1939 & Supp 1960, § 33.0726; SDCL, § 15-28-5.
S.D. Codified Laws § 15-21-5 — SD Code / Title 15 / Chapter 21 / Section 15-21-5
Entry of amercements on court record--Effect as judgment
Status: in_force

All amercements procured under this chapter shall be entered on the record of the court, and shall have the same force and effect as a judgment.

Source: SDC 1939 & Supp 1960, § 33.2504.
S.D. Codified Laws § 15-25-3 — SD Code / Title 15 / Chapter 25 / Section 15-25-3
Petition for rehearing on decision
Status: in_force

Any party may petition for a rehearing upon a decision, in the event that any issue or question of law or fact appears to have been overlooked or misapprehended by the court, by filing and service of such petition at any time within twenty days after copy of the decision has been mailed or delivered by the clerk. Such petition shall state briefly and without argument the issue, fact or law claimed to have been overlooked or misapprehended by the court.

Source: SDC 1939 & Supp 1960, § 33.0603.
S.D. Codified Laws § 15-16-5 — SD Code / Title 15 / Chapter 16 / Section 15-16-5
Docketing of circuit court money judgment with clerk of courts
Status: in_force

A judgment of a circuit court directing in whole or in part the payment of money shall be docketed with the clerk of the court in which it was rendered and in any other county upon filing with the clerk of courts for that county a transcript of the original docket.

Source: SDC 1939 & Supp 1960, § 33.1717; SL 1983, ch 157, § 1.
S.D. Codified Laws § 15-19-26 — SD Code / Title 15 / Chapter 19 / Section 15-19-26
Sheriff's deed as evidence of legality of proceedings--Title vested in grantee
Status: in_force

The sheriff's deed shall be sufficient evidence of the legality of such sale and the proceedings therein, until the contrary is proved, and shall vest in the purchaser, or other party as aforesaid, as good and as perfect title in the premises therein described as was vested in the debtor at or after the time when such real property became liable to the satisfaction of the judgment.

Source: SDC 1939 & Supp 1960, § 33.2202.
S.D. Codified Laws § 15-26A-73 — SD Code / Title 15 / Chapter 26A / Section 15-26A-73
Supplemental brief with late authorities--Service on counsel
Status: in_force

Whenever a party desires to present late authorities, newly enacted legislation, or other intervening matters that were not available in time to have been included in the party's brief in chief, the party shall serve a copy thereof upon the attorney for each party to the action separately represented and upon any party who is not represented by counsel and file the supplemental brief, restricted to such new matter and otherwise in conformity with this chapter, up to the time the case is called for hearing, or by leave of court thereafter. A supplemental brief shall not exceed ten pages.

Source: Supreme Court Rule 79-1, Rule 12 (11); SDCL Supp, § 15-26A-53; SL 1993, ch 395 (Supreme Court Rule 93-12); SL 2023, ch 222 (Supreme Court Rule 23-05), eff. Apr. 1, 2023.
S.D. Codified Laws § 15-30-8 — SD Code / Title 15 / Chapter 30 / Section 15-30-8
Taxation of costs and damages by clerk--Notice to attorneys
Status: in_force

Immediately upon filing in the office of the clerk of the Supreme Court of any opinion, decision, or judgment of the court by virtue of which any costs or damages for delay are awarded or become due as a matter of law to either party, the clerk of the Supreme Court shall compute such costs in the amounts provided by statute and from the receipted vouchers or statements of costs filed by the parties, and shall thereupon tax such costs in favor of the party entitled thereto.

The clerk of the Supreme Court shall immediately thereafter notify the attorneys of record by mail of such taxation of costs specifying the items and amounts of each as determined by him and specifying the names of the parties in favor of and against whom such costs are taxed.

Source: SDC 1939 & Supp 1960, § 33.0753.
S.D. Codified Laws § 15-18-44 — SD Code / Title 15 / Chapter 18 / Section 15-18-44
Neglect of duty by officer as contempt of court--Liability in damages--Amercement
Status: in_force

If an officer to whom any writ, warrant, or execution is delivered, willfully neglects or fails to perform the duties required thereby or under the provisions of this chapter, which he may have authority to perform, he may be punished by the court as for contempt and shall be liable in damages to any person injured by such neglect or failure, and may be amerced therefor or the same recovered by civil action, as the party injured may elect.

Source: SDC 1939 & Supp 1960, § 33.1909.
S.D. Codified Laws § 15-17-51.2 — SD Code / Title 15 / Chapter 17 / Section 15-17-51.2
Inmate or prisoner financial responsibility for costs incurred by county from abuse of court system
Status: in_force

If a court finds that an adult inmate or prisoner has acted in a manner specified by the provisions of § 24-2-29.1 in a county or regional jail, the court shall order the inmate or prisoner plaintiff to pay the costs incurred by the person or the county in defending the cause of action, including reasonable attorney's fees.

Source: SL 1997, ch 147, § 4.
S.D. Codified Laws § 15-8-12 — SD Code / Title 15 / Chapter 8 / Section 15-8-12
Right of contribution among joint tort-feasors
Status: in_force

The right of contribution exists among joint tort - feasors.

Source: SL 1945, ch 167, § 2; SDC Supp 1960, § 33.04A03 (1).
S.D. Codified Laws § 15-38-30 — SD Code / Title 15 / Chapter 38 / Section 15-38-30
(Rule 4(a)) Forwarding record to circuit court
Status: in_force

Upon receipt of the notice of appeal, the clerk of court shall assemble and number the pages of all pleadings, documents, papers, and exhibits filed in the action and forward them to the clerk of the circuit court within ten days of the filing of the notice of appeal.

Source: Supreme Court Rule 78-4, Rule 4 (a); SL 1994, ch 157, § 4.
S.D. Codified Laws § 15-26A-32 — SD Code / Title 15 / Chapter 26A / Section 15-26A-32
Extent of stay on filing of bond
Status: in_force

When an approved supersedeas bond is filed it shall stay all further proceedings in circuit court upon the judgment or order accordingly, except that the circuit court may proceed upon any other matter included in the action, not affected by the judgment or order appealed from.

Source: Supreme Court Rule 79-1, Rule 8 (2); SDCL Supp, § 15-26A-21 .
S.D. Codified Laws § 15-18-10 — SD Code / Title 15 / Chapter 18 / Section 15-18-10
Directions in writ on judgment for delivery of personal property--Recovery of costs and damages
Status: in_force

An execution issued upon a judgment for the delivery of the possession of personal property shall substantially require the officer to deliver the possession of the same, particularly describing it, to the party entitled thereto; and may, at the same time, require the officer to satisfy any costs or damages recovered by the judgment out of the personal property of the party against whom it was rendered, and the value of the property for which the judgment was recovered to be specified therein if a delivery cannot be had.

Source: SDC 1939 & Supp 1960, § 33.1904 (4).
S.D. Codified Laws § 15-12-19 — SD Code / Title 15 / Chapter 12 / Section 15-12-19
Settlement of record after resignation or expiration of term of judge
Status: in_force

The judge who presided at a trial may, after he ceases to be such judge by reason of his resignation or the expiration of his term of office, settle the record of such trial. If, before the settled record is completed, such judge is removed from office, or for any reason cannot or will not settle such record, it shall be settled in such manner as the presiding judge of the Supreme Court may direct.

Source: SDC 1939 & Supp 1960, § 33.1203.
S.D. Codified Laws § 15-26A-90 — SD Code / Title 15 / Chapter 26A / Section 15-26A-90
Prehearing conference
Status: in_force

At any time before oral argument the court may direct the attorneys for the parties to appear before the court or a justice thereof for a prehearing conference to consider the simplification of the issues and such other matters as may aid in the disposition of the proceedings by the court. The court or a justice shall make an order which recites the action taken at the conference and the agreements made by the parties as to any of the matters considered and which limits the issues to those not disposed of by admissions or agreements of counsel, and such order when entered controls the subsequent course of the proceedings unless modified to prevent manifest injustice.

Source: Supreme Court Rule 79-1, Rule 15 (8); SDCL Supp, § 15-26A-67 .
S.D. Codified Laws § 15-17-46 — SD Code / Title 15 / Chapter 17 / Section 15-17-46
Plaintiff's lien on recovery in taxpayer's action
Status: in_force

The plaintiff in an action referred to in § 15-17-45 shall acquire a lien for the amount awarded by the court against any judgment that may be recovered in the action. Satisfaction of the lien shall be made from the proceeds collected on the judgment and may not be claimed against the governmental entity.

Source: SL 1992, ch 148, § 11.
S.D. Codified Laws § 15-16-39 — SD Code / Title 15 / Chapter 16 / Section 15-16-39
Clerk to discharge judgment--Exception--Objection to discharge--Service
Status: in_force

The clerk, without further notice or hearing, shall discharge each judgment except a judgment in favor of a judgment creditor who has filed an objection to discharge of the judgment within ten days after service of the application on the judgment creditor. Service shall be deemed effective from the date deposited in the U.S. mail or from the date of actual service. An objection to discharge of a judgment shall be served on the judgment debtor in the same manner as an answer in a civil action.

Source: SL 2012, ch 110, § 3.
S.D. Codified Laws § 15-26A-49 — SD Code / Title 15 / Chapter 26A / Section 15-26A-49
Waiver by failure to order transcript
Status: in_force

Failure to order a transcript within the time fixed by this chapter shall constitute a waiver of the right to such a transcript.

Source: SDC 1939 & Supp 1960, § 33.0737; SDCL, § 15-29-9 ; Supreme Court Rule 80-2.
S.D. Codified Laws § 15-16-42 — SD Code / Title 15 / Chapter 16 / Section 15-16-42
Judgment ceases to be lien upon discharge
Status: in_force

Upon the discharge of a judgment by the clerk pursuant to § 15-16-39 , a judgment shall cease to be a lien on any real property that the person discharged in bankruptcy owns or later acquires.

Source: SL 2012, ch 110, § 6.
S.D. Codified Laws § 15-18-23 — SD Code / Title 15 / Chapter 18 / Section 15-18-23
Levy on personal property which cannot be moved--Recording of notice
Status: in_force

A levy under a writ, warrant, or execution upon personal property which by reason of its bulk or other cause cannot be conveniently removed, must be made by the officer filing with the register of deeds a notice of the same kind as described in § 15-18-22 ; and such levy shall be equally valid and effectual as if the articles had been seized and the possession and control thereof retained by the officer.

Source: SDC 1939 & Supp 1960, § 33.1913 (2); SL 1973, ch 126, § 7.
S.D. Codified Laws § 15-18-11 — SD Code / Title 15 / Chapter 18 / Section 15-18-11
Judgment included in writ requiring sale of property
Status: in_force

If it be in execution of a judgment requiring the sale of specific property, an execution shall include a copy of the judgment or the material parts thereof.

Source: SDC 1939 & Supp 1960, § 33.1904 (5).
S.D. Codified Laws § 15-15-5 — SD Code / Title 15 / Chapter 15 / Section 15-15-5
Record on motion for new trial--Contents--Formal settlement not required
Status: in_force

The record for presentation of any motion or application for a new trial shall consist of all the documents, evidence, motions, applications, objections, and rulings of the court as offered, filed, recorded, or entered in the minutes of the clerk or judge and the transcript of the reporter, if such transcript has been made, but it shall not be necessary to have such record formally settled for purposes of application for new trial.

Source: SDC 1939 & Supp 1960, § 33.1603.
S.D. Codified Laws § 15-16-12 — SD Code / Title 15 / Chapter 16 / Section 15-16-12
Leave of court required for action on judgment
Status: in_force

No action shall be brought upon a judgment rendered in any court of this state, except a magistrate court, between the same parties, without leave of court for good cause shown, on notice to the adverse party.

Source: SDC 1939 & Supp 1960, § 33.0105; SL 1974, ch 153, § 9.
S.D. Codified Laws § 15-8-17 — SD Code / Title 15 / Chapter 8 / Section 15-8-17
Joint tort-feasor not discharged by release of another--Claim reduced by amount stated in release
Status: in_force

A release by the injured person of one joint tort - feasor, whether before or after judgment, does not discharge the other tort - feasors unless the release so provides; but reduces the claim against the other tort - feasors in the amount of the consideration paid for the release, or in any amount or proportion by which the release provides that the total claim shall be reduced, if greater than the consideration paid.

Source: SL 1945, ch 167, § 4; SDC Supp 1960, § 33.04A05.
S.D. Codified Laws § 15-12-30 — SD Code / Title 15 / Chapter 12 / Section 15-12-30
Filing of affidavit-Copies
Status: in_force

The affidavit for change of circuit judge or magistrate shall be filed with the clerk of the circuit court of the county in which the action is pending. The clerk shall deliver a copy of such affidavit to the presiding judge of the circuit. Such clerk shall also forthwith deliver a copy of such affidavit to the judge or magistrate referred to in said affidavit.

Source: SDC 1939 & Supp 1960, § 33.1208; SDCL § 15-12-9; Supreme Court Rule No. 3, 1972; Supreme Court Rule No. 75-5, § 11; SL 2015, ch 264 (Supreme Court Rule 15-02), eff. July 1, 2015; SL 2022, ch 260 (Supreme Court Rule 22-07), eff. Jul. 1, 2022.
S.D. Codified Laws § 15-16-16 — SD Code / Title 15 / Chapter 16 / Section 15-16-16
Partial satisfaction of judgment--Docket entry and partial discharge of liens
Status: in_force

Any partial satisfaction of any judgment rendered or docketed in the circuit courts of this state may be made and noted upon the records in like manner; and thereupon all judgments and liens thereby created, must be taken and deemed to be canceled and discharged to the extent of the entries so made upon the judgment docket and no more.

Source: SDC 1939 & Supp 1960, § 33.1719 (3).
S.D. Codified Laws § 15-19-21 — SD Code / Title 15 / Chapter 19 / Section 15-19-21
Exceptions to sale of real property--Service and determination
Status: in_force

At any time within ten days after such return has been filed, any party interested may file exceptions to such sale, and serve same upon purchaser, and they shall thereupon be determined by the court either upon motion to confirm such sale, or to set it aside.

Source: SDC 1939 & Supp 1960, § 33.2012.
S.D. Codified Laws § 15-15-9 — SD Code / Title 15 / Chapter 15 / Section 15-15-9
Content of record
Status: in_force

The record of any hearing, court trial or jury trial conducted by or on behalf of the Unified Judicial System shall consist of the transcript prepared by an official court reporter or court recorder or freelance reporter on contract with the Unified Judicial System, the exhibits offered in evidence and jury instructions. This rule shall not apply to child support referee hearings.

The reporter shall transcribe and certify such parts of the record of the proceedings as may be required by any rule or order of the court. Upon the request of any party to any proceeding which has been so recorded, who has agreed to pay any applicable fee for such transcription, the reporter shall file an electronic transcript with the clerk of court upon completion and transmit a paper or electronic copy to the requesting party. The court may request that an additional paper copy of the transcript be filed with the clerk of court.

Source: SL 2010, ch 255 (Supreme Court Rule 10-02), eff. Feb. 26, 2010; SL 2011, ch 228 (Supreme Court Rule 10-04), eff. Aug. 30, 2010; SL 2015, ch 265 (Supreme Court Rule 15-03), eff. July 1, 2015.
S.D. Codified Laws § 15-6-64 — SD Code / Title 15 / Chapter 6 / Section 15-6-64
Seizure of person or property
Status: in_force

At the commencement of and during the course of an action, all remedies providing for seizure of person or property for the purpose of securing satisfaction of the judgment ultimately to be entered in the action are available under the circumstances and in the manner provided by the law of the state.

Source: SD RCP, Rule 64, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
S.D. Codified Laws § 15-7-14 — SD Code / Title 15 / Chapter 7 / Section 15-7-14
Service of process on secretary of state for nonresident hunter--Fee--Mailing to defendant--Personal service outside state--Time for appearance by defendant--Record of process served
Status: in_force

The service of process as authorized by § 15-7-13 shall be made by filing in the Office of the Secretary of State a copy of the process and payment to the secretary of state a fee of ten dollars and shall be completed by the plaintiff, or the plaintiff's agent or attorney within ten days after the filing, forwarding to the defendant, or the defendant's personal representative, by registered or certified mail at the defendant's last known post office address, or the last known post office address of defendant's personal representative, notice of such service and a copy of the process. In lieu of such mailing the process may be served upon the defendant or the defendant's personal representative personally without the state at any time within thirty days after the filing of the process. The time within which the defendant or the defendant's personal representative may appear does not commence to run until the mailing or the personal service without the state. The secretary of state shall keep a record of any process so served, the record to show the day and hour of the service. The fee of ten dollars paid by the plaintiff to the secretary of state shall be recovered as taxable costs if the plaintiff prevails.

Source: SL 1961, ch 125; SL 2003, ch 8, § 5.
S.D. Codified Laws § 15-8-10 — SD Code / Title 15 / Chapter 8 / Section 15-8-10
Supplementary judgment on summons of joint contract debtor--Enforcement of judgment
Status: in_force

A supplementary judgment rendered under the provisions of §§ 15-8-4 to 15-8-9 , inclusive, may be docketed and transcribed the same as any other judgment and may be enforced by execution or the application of the property which may be subjected to payment of the judgment and may be compelled by attachment, if necessary.

Source: SDC 1939 & Supp 1960, § 33.2305.
S.D. Codified Laws § 15-26C-2 — SD Code / Title 15 / Chapter 26C / Section 15-26C-2
Electronic document formats
Status: in_force

(1) All documents submitted to the Supreme Court in electronic form must be in portable document format (.pdf) except as follows:

(a) Parties must obtain permission from the Supreme Court Clerk in advance if they seek to submit documents in another format.

(b) Briefs shall comply with chapter 15-26A and shall consist of a single document submitted in pdf and an approved word processing format.

(c) When an appendix is filed, it shall be in .pdf format and shall be included as part of the brief document. Except for limited excerpts showing a court's reasoning, circuit court transcripts that have been filed electronically with the Supreme Court shall not be included in an appendix. A table of contents with page or paragraph reference as appropriate for each document must precede the appendix. Points of particular interest with page or paragraph reference may also be added to the table of contents. When feasible, electronic bookmarks shall be added to note the first page of each document in the appendix and may be added to note the location of points of particular interest.

Source: SL 2014, ch 253 (Supreme Court Rule 13-11), eff. Jan. 1, 2014; SL 2019, ch 223 (Supreme Court Rule 19-02); Supreme Court Order dated Aug. 30, 2022; SL 2023, ch 228 (Supreme Court Rule 23-11), eff. Apr. 1, 2023.
S.D. Codified Laws § 15-40-12 — SD Code / Title 15 / Chapter 40 / Section 15-40-12
Costs, attorney fees, and expenses awarded--Grounds
Status: in_force

The court shall award court costs, reasonable attorney fees, and reasonable litigation expenses related to a motion filed under § 15-40-3 :

(1) To the moving party, if the moving party prevails on the motion; or

(2) To the responding party, if the responding party prevails on the motion and the court finds that the motion was frivolous or filed solely with intent to delay the proceeding.

Source: SL 2026, ch 91, § 12.
S.D. Codified Laws § 15-26A-87.3 — SD Code / Title 15 / Chapter 26A / Section 15-26A-87.3
Motion for attorney fees--Contents, form, and filing of motion
Status: in_force

A motion for appellate attorney fees in actions where such fees may be allowable must comply with the following requirements:

(1) The motion must be accompanied by a verified, itemized statement of legal services rendered, said statement to be exclusive of costs allowable under § 15-30-6 ;

(2) The motion must be served and filed prior to submission of the action on its merits; and

(3) The motion and itemized statement, together with proof of service thereof, must be submitted for filing.

Consideration of a motion for attorney fees will be held in abeyance until such time as the action is considered on its merits.

Source: SL 1996, ch 317; SL 2023, ch 225 (Supreme Court Rule 23-08), eff. Apr. 1, 2023.
S.D. Codified Laws § 15-26A-72 — SD Code / Title 15 / Chapter 26A / Section 15-26A-72
Costs not allowed for extraneous matter in briefs--Expense of printing matters omitted from appellant's brief
Status: in_force

No costs shall be allowed for printing in the brief matters clearly unrelated to any issue raised by the appeal.

Costs may be taxed in the Supreme Court in favor of appellee and against appellant for the expense of printing in appellee's brief matters which are clearly material to the issues and omitted by the appellant from his brief.

Source: SDC 1939, § 33.0743; Supreme Court Rule, Order No. 2, 1952; SDCL, § 15-29-29; Supreme Court Rule 80-2.
S.D. Codified Laws § 15-26A-10 — SD Code / Title 15 / Chapter 26A / Section 15-26A-10
Scope of review on appeal from order
Status: in_force

When the appeal is from any order subject to appeal, the Supreme Court may review all matters appearing on the record relevant to the question of whether the order appealed from is erroneous.

Source: SDC 1939 & Supp 1960, § 33.0710; SDCL, § 15-26-22 .
S.D. Codified Laws § 15-24-1 — SD Code / Title 15 / Chapter 24 / Section 15-24-1
Circuit court procedure applicable except as otherwise provided
Status: in_force

Except as otherwise indicated by statute or rule, the statutes and rules of practice and procedure in the circuit courts of this state shall apply to practice and procedure in the Supreme Court.

Source: SDC 1939 & Supp 1960, § 33.0501.
S.D. Codified Laws § 15-18-3 — SD Code / Title 15 / Chapter 18 / Section 15-18-3
Order and cause of arrest required for execution against person of debtor
Status: in_force

No execution shall issue against the person of a judgment debtor unless an order of arrest has been served as provided in this code, or unless the complaint contains a statement of facts showing one or more of the causes of arrest required by chapter 15-22 .

Source: SDC 1939 & Supp 1960, § 33.1902.
S.D. Codified Laws § 15-18-9 — SD Code / Title 15 / Chapter 18 / Section 15-18-9
Direction in writ to arrest and commit debtor
Status: in_force

The writ of execution, if it be against the person of the judgment debtor, shall require the officer substantially to arrest such debtor and commit him to the jail of the county until he shall pay the judgment, or be discharged according to law.

Source: SDC 1939 & Supp 1960, § 33.1904 (3).
S.D. Codified Laws § 15-26A-61 — SD Code / Title 15 / Chapter 26A / Section 15-26A-61
Brief of appellee
Status: in_force

The brief of the appellee shall conform to the requirements of § 15-26A-60 . If a notice of review is filed, the appellee's brief shall contain the judgment, order or decision in question and any relevant written findings of fact, conclusions of law and memorandum decision, if different from those included in the appendix to the appellant's brief.

Source: Supreme Court Rule 79-1, Rule 12 (2); SDCL Supp, § 15-26A-43 ; SL 2003, ch 262 (Supreme Court Rule 03-3); SL 2004, ch 316 (Supreme Court Rule 03-15), eff. Jan. 1, 2004.
S.D. Codified Laws § 15-17-51 — SD Code / Title 15 / Chapter 17 / Section 15-17-51
Liability of party for frivolous or malicious action
Status: in_force

If a civil action, including an action for appeal of a zoning decision, or special proceeding is dismissed or requested relief is denied and if the court determines that it was frivolous or brought for malicious purposes, the court shall order the party whose claim, cause of action, or defense was dismissed or denied to pay part or all expenses incurred by the party defending the matter, including reasonable attorneys' fees.

Source: SL 1992, ch 148, § 16; SL 1997, ch 113, § 1; SL 2015, ch 114, § 1.
S.D. Codified Laws § 15-26A-56 — SD Code / Title 15 / Chapter 26A / Section 15-26A-56
Correction or modification of the record
Status: in_force

If anything material to either party is omitted from the record, is misstated therein, or is improper, the parties by stipulation, or the trial court, before the record is transmitted to the Supreme Court, or the Supreme Court, on motion by a party or on its own initiative, may direct the record be corrected and if necessary require a supplemental record be approved and transmitted.

Source: Supreme Court Rule 79-1, Rule 10 (6); SDCL Supp, § 15-26A-38 .
S.D. Codified Laws § 15-2-34 — SD Code / Title 15 / Chapter 2 / Section 15-2-34
Action for recovery of damages against regional airport authority--Commencement
Status: in_force

Any action to recover damages for personal injury or death caused by the negligence of a regional airport authority, created pursuant to § 50-6A-2 , may only be commenced within two years of the alleged negligence.

This section is prospective in application.

Source: SL 1998, ch 277, § 1.
S.D. Codified Laws § 15-19-11 — SD Code / Title 15 / Chapter 19 / Section 15-19-11
Foreclosure sale of real estate situated in several counties
Status: in_force

If the real estate is sold pursuant to a judgment of foreclosure of a mortgage or other lien in which real estate situated in several counties is described and which instrument has been duly recorded prior to the commencement of the action, in all of said counties, or if it is sold pursuant to an attachment of real estate in several counties and the notice of levy of such attachment has been duly recorded in all such counties, any or all of said real estate may be sold in the county in which the judgment was rendered, by the sheriff of such county, unless the court shall in the judgment of foreclosure or upon the attachment proceedings otherwise specifically direct.

Source: SDC 1939 & Supp 1960, § 33.2007.
S.D. Codified Laws § 15-26A-68 — SD Code / Title 15 / Chapter 26A / Section 15-26A-68
Reproduction methods used for briefs
Status: in_force

Text must be reproduced with a clarity that equals or exceeds the output of a laser printer. The output of a dot - matrix printer or fax machine is not acceptable in either a brief or an appendix.

Source: Supreme Court Rule 79-1, Rule 12(9); SDCL Supp, § 15-26A-50 ; SL 1988, ch 422 (Supreme Court Order 87-3); SL 1999, ch 279.
S.D. Codified Laws § 15-26A-47 — SD Code / Title 15 / Chapter 26A / Section 15-26A-47
Composition of the record on appeal
Status: in_force

The original pleadings, papers, offered exhibits, and the transcript of the proceedings, if any, shall constitute the record on appeal in all cases.

Source: Supreme Court Rule 79-1, Rule 10 (1); SDCL Supp, § 15-26A-30 ; Supreme Court Rule 97-10; SL 2017, ch 226 (Supreme Court Rule 17-03), eff. Jan. 19, 2017.
S.D. Codified Laws § 15-26A-83 — SD Code / Title 15 / Chapter 26A / Section 15-26A-83
Time allowed for argument
Status: in_force

For oral argument, unless otherwise ordered, the appellant shall be allowed twenty minutes to open, the appellee shall be allowed twenty minutes to answer and the appellant shall be allowed ten minutes for rebuttal. If additional time is deemed necessary for adequate presentation, counsel shall obtain permission from the court before commencing the argument. A party is not obliged to use all of the time allowed.

Source: Supreme Court Rule 79-1, Rule 15 (2); SDCL Supp, § 15-26A-61 .
S.D. Codified Laws § 15-5-13 — SD Code / Title 15 / Chapter 5 / Section 15-5-13
Terms allowed on change of venue from improper county--Payment of costs required before continuation or commencement of new action
Status: in_force

If the county designated is not the proper county and where the court changes the place of trial on account of the action having been brought in the wrong county, the court, in its order granting the change of place of trial, may in its discretion allow to the moving party such terms as to it may seem just; and in case of a dismissal of the action or change of place of trial, the payment of the amount awarded by the court shall be made a condition precedent to the commencement of another action or the further prosecution of the action where change of place of trial has been granted.

Source: SDC 1939 & Supp 1960, § 33.0306.
S.D. Codified Laws § 15-40-1 — SD Code / Title 15 / Chapter 40 / Section 15-40-1
Scope--Protected public expression
Status: in_force

Except as otherwise provided in § 15-40-2 , the provisions of this chapter apply to a cause of action against a person based on the person's protected public expression. For purposes of this chapter, "protected public expression" includes:

(1) Communication in a legislative, executive, judicial, administrative, or other governmental proceeding;

(2) Communication on an issue under consideration or review in a legislative, executive, judicial, administrative, or other governmental proceeding; or

(3) Exercise of the person's right of freedom of speech or of the press, the right to assemble or petition, or the right of association, as guaranteed by the United States Constitution or South Dakota Constitution, on a matter of public concern.

Source: SL 2026, ch 91, § 1.
S.D. Codified Laws § 15-6-68 — SD Code / Title 15 / Chapter 6 / Section 15-6-68
Offer of Judgment
Status: in_force

At any time more than ten days before the trial begins, any party may serve upon an adverse party an offer to allow judgment to be taken against the party for money or property or to the effect specified in the offer, with costs then accrued. If, within ten days after the service of the offer, the adverse party serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service thereof and thereupon the clerk shall enter judgment. An offer not accepted shall be deemed withdrawn and evidence thereof is not admissible except in a proceeding to determine costs. If the judgment finally obtained by the offeree is not more favorable than the offer, the offeree must pay the costs incurred after the making of the offer. The fact that an offer is made but not accepted does not preclude a subsequent offer. If the liability of one party to another has been determined by verdict or order or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which shall have the same effect as an offer made before trial if it is served within a reasonable time not less than ten days prior to the commencement of hearings to determine the amount or extent of liability.

Source: SDC 1939 & Supp 1960, §§ 33.1809, 33.1810; SD RCP, Rule 68, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; amended by Sup. Ct. Order No. 2, March 31, 1969, effective July 1, 1969; SL 2006, ch 273 (Supreme Court Rule 05-12), effective Nov. 2, 2005.
S.D. Codified Laws § 15-18-21 — SD Code / Title 15 / Chapter 18 / Section 15-18-21
Levy on judgment--Notice to parties
Status: in_force

A levy under a writ, warrant, or execution upon a judgment, must be made by serving a notice of levy upon the clerk of the court in which it is docketed, describing the judgment by the title of its action, date, amount, book, and page of docketing, and by mailing copies of such notice of attachment by registered or certified mail to the judgment debtor, and the present owner of the judgment as shown by the docket, and to their attorneys of record, if any, at their last known post office addresses.

Source: SDC 1939 & Supp 1960, § 33.1913 (4).
S.D. Codified Laws § 15-40-11 — SD Code / Title 15 / Chapter 40 / Section 15-40-11
Appeal
Status: in_force

A moving party may appeal as a matter of right from an order denying, in whole or in part, a motion under § 15-40-3 . The appeal must be filed no later than thirty days after entry of the order.

Source: SL 2026, ch 91, § 11.
S.D. Codified Laws § 15-18-33 — SD Code / Title 15 / Chapter 18 / Section 15-18-33
Partial abandonment of execution--Subsequent executions
Status: in_force

The party for whom the execution was issued or his attorney of record, or otherwise authorized, may likewise abandon an execution after it has been partially enforced or performed, or after a portion of his claim or other demand has been satisfied, by the same procedure as is provided in § 15-18-32 , stating in his statement of such partial abandonment, or report, or return with the writ, the extent to which his claim or demand has been satisfied, and the extent remaining unsatisfied. Such partial abandonment shall not affect the right of such party or other persons interested to have subsequent executions issued.

Source: SDC 1939 & Supp 1960, § 33.1910.
S.D. Codified Laws § 15-39-64 — SD Code / Title 15 / Chapter 39 / Section 15-39-64
Default of defendant failing to comply with requirements
Status: in_force

A defendant, unless the court shall otherwise order, shall be defaulted unless he shall, personally or by attorney, comply with the requirements of the notice served upon him.

Source: SDC 1939 & Supp 1960, § 33.4111; SDCL, § 15-39-27; Supreme Court Rule 81-4.
S.D. Codified Laws § 15-9-4 — SD Code / Title 15 / Chapter 9 / Section 15-9-4
Dismissal of action for failure to give security for costs
Status: in_force

An action in which security for costs is required by § 15-9-1 , and has not been given, shall be dismissed on a motion and notice by the defendant at any time before judgment unless in a reasonable time to be allowed by the court such security for costs be given in an amount to be designated by the court.

Source: SDC 1939 & Supp 1960, § 33.1820.
S.D. Codified Laws § 15-26A-16 — SD Code / Title 15 / Chapter 26A / Section 15-26A-16
Response to petition
Status: in_force

Within seven days after the service of the petition, any party to the action may serve and file a response thereto. The response shall be filed with the clerk of the Supreme Court. When a response to a petition is forwarded to the clerk for filing by mail it shall be accompanied by an affidavit of mailing or certificate of service of mailing and shall be deemed to be filed as of the date of mailing.

The petition and any response shall be submitted without oral argument unless otherwise ordered.

Source: Supreme Court Rule 79-1, Rule 5 (3); SDCL Supp, § 15-26A-8; SL 2011, ch 246 (Supreme Court Rule 11-03), eff. July 1, 2011; SL 2023, ch 221 (Supreme Court Rule 23-04), eff. Apr. 1, 2023.
S.D. Codified Laws § 15-10-8 — SD Code / Title 15 / Chapter 10 / Section 15-10-8
Expungement of notice of pendency--Notice of motion--Proof considered
Status: in_force

A notice of motion to expunge shall be served not less than ten days prior to the hearing. The court shall determine the matter on the affidavits and counter - affidavits on file and upon such other proof as it may permit.

Source: SL 1980, ch 162, § 4.
S.D. Codified Laws § 15-20-1 — SD Code / Title 15 / Chapter 20 / Section 15-20-1
Order to judgment debtor to appear and answer after execution returned unsatisfied
Status: in_force

When an execution upon a judgment for twenty - five dollars or more, exclusive of costs and disbursements, against property of the judgment debtor, or of any one of several debtors in the same judgment, issued to the sheriff of the county where such debtor resides or has a place of business, or if he does not reside in this state or has no place of business therein, to the sheriff of the county where such judgment was obtained, is returned unsatisfied in whole or in part, the judgment creditor at any time after such return is entitled to an order from a judge of the circuit court within the county to which the execution was issued, requiring such judgment debtor to appear and answer concerning his property before such judge, within such county, at a time and place specified in the order.

Source: SDC 1939 & Supp 1960, § 33.2401.
S.D. Codified Laws § 15-16A-7 — SD Code / Title 15 / Chapter 16A / Section 15-16A-7
Stay of enforcement on showing of ground--Security
Status: in_force

If the judgment debtor shows the circuit court any ground upon which enforcement of a judgment of any circuit court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state.

Source: SL 1975, ch 160, § 4.
S.D. Codified Laws § 15-12-24 — SD Code / Title 15 / Chapter 12 / Section 15-12-24
Waiver of right by submitting to jurisdiction
Status: in_force

The submission to a judge or magistrate of argument or proof in support of a motion or application, or upon trial, is a waiver of the right thereafter to file an affidavit for change of such judge or magistrate by any party or his counsel who submitted the same or who after notice that such matter was to be presented, failed to appear at the hearing or trial. Such waiver shall continue until the final determination of the action and includes all subsequent motions, hearings, proceedings, trials, new trials, and all proceedings to enforce, amend, or vacate any order or judgment.

Source: SDC 1939 & Supp 1960, § 33.1210; SDCL, § 15-12-4; Supreme Court Rule No. 75-5, § 5.
S.D. Codified Laws § 15-8-6 — SD Code / Title 15 / Chapter 8 / Section 15-8-6
New complaint not required to enforce judgment against joint contract debtor--Affidavit of nonsatisfaction
Status: in_force

It is not necessary to file a new complaint in a proceeding authorized by § 15-8-4 , but the summons must be accompanied by an affidavit of the person subscribing it that the judgment has not been satisfied, to his knowledge or information and belief, and must specify the amount due thereon.

Source: SDC 1939 & Supp 1960, § 33.2302.
S.D. Codified Laws § 15-24-7 — SD Code / Title 15 / Chapter 24 / Section 15-24-7
Objections
Status: in_force

(a) All public appellate proceedings are presumed open for expanded media coverage under these rules. A party to a proceeding objecting to expanded media coverage under these rules shall file a written objection, stating the grounds therefor, at least ten days prior to commencement of the proceeding. Time for filing objections may be extended or reduced in the discretion of the court, which may also, in appropriate circumstances, extend the right of objection to persons other than the parties to the appeal.

(b) All objections shall be reviewed and determined by the court prior to commencement of the proceeding. Expanded media coverage of the proceedings shall not be limited by objection of parties or others except for good or legal cause shown that such coverage would materially interfere with rights of the parties and the interests of justice.

(c) Where expanded media coverage of a proceeding has been prohibited by decision of the court, the clerk shall notify the media coordinator who shall notify the appropriate media personnel prior to commencement of the proceeding.

Source: Supreme Court Rule 01-08.
S.D. Codified Laws § 15-6-23.1 — SD Code / Title 15 / Chapter 6 / Section 15-6-23.1
Derivative actions by unincorporated associations
Status: in_force

In a derivative action brought by one or more members to enforce a right of an unincorporated association, the association having failed to enforce a right which may properly be asserted by it, the complaint shall be verified and shall allege

(1) That the plaintiff was a member at the time of the transaction of which he complains or that his membership thereafter devolved on him by operation of law, and

(2) That the action is not a collusive one to confer jurisdiction on a court of the state which it would not otherwise have.

The complaint shall also allege with particularity the efforts, if any, made by the plaintiff to obtain the action he desires from the directors or comparable authority and, if necessary, from the members, and the reasons for his failure to obtain the action or for not making the effort. The derivative action may not be maintained if it appears that the plaintiff does not fairly and adequately represent the interests of the members similarly situated in enforcing the right of the association. The action shall not be dismissed or compromised without the approval of the court, and notice of the proposed dismissal or compromise shall be given to members in such manner as the court directs.

Source: SD RCP, Rule 23(b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SDCL, § 15-6-23(b); SD RCP, Rule 23.1, as added by Sup. Ct. Order No. 2, March 31, 1969, effective July 1, 1969; SL 2006, ch 287 (Supreme Court Rule 06-13), eff. July 1, 2006.