S.D. Codified Laws § 21-29-8 — SD Code / Title 21 / Chapter 29 / Section 21-29-8
Hearing by court when no answer made or no questions of fact raised
Status: in_force

If no answer be made, the case must be heard on the papers of the applicant. If the answer raises only questions of law, or puts in issue only immaterial statements, not affecting the substantial rights of the parties, the court must proceed to hear, or fix a day for hearing the case.

Source: CCivP 1877, § 704; CL 1887, § 5526; RCCivP 1903, § 773; RC 1919, § 3015; Supreme Court Rule 613, 1939; SDC 1939 & Supp 1960, § 37.4506.
S.D. Codified Laws § 21-35-30 — SD Code / Title 21 / Chapter 35 / Section 21-35-30
Order for payment from deposit--Judgment for amount by which final award exceeds deposit
Status: in_force

Upon application of the parties in interest, the court may order that all of the money deposited in court pursuant to § 21-35-29 , or any part thereof, be paid for or on account of the just compensation to be awarded in the proceeding. If the compensation finally awarded for the property interest taken, or any parcel thereof, exceeds the amount of money received by any person so entitled, the court shall enter judgment against the petitioner for the amount of the deficiency.

Source: SL 1983, ch 171, § 7.
S.D. Codified Laws § 21-65-1 — SD Code / Title 21 / Chapter 65 / Section 21-65-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Attorney-in-fact," an agent under a power of attorney pursuant to chapter 59-2 or an attorney-in-fact under a durable power of attorney pursuant to § 59-7-2.1 or chapter 59-12;

(2) "Caretaker," a related or nonrelated person who has the responsibility for the health or welfare of a vulnerable adult as a result of assuming the responsibility voluntarily, by contract, by receipt of payment for care, or by order of the court;

(3) "Conservator," as defined in subdivision 29A-5-102 (2);

(4) "Vulnerable adult abuse," any of the following:

(a) Physical abuse as defined in subdivision 22-46-1 (7);

(b) Emotional and psychological abuse as defined in subdivision 22-46-1 (4);

(c) Neglect as defined in subdivision 22-46-1 (6) and § 22-46-1 .1; or

(d) Financial exploitation;

(5) "Family or household member," a spouse, a person cohabiting with the vulnerable adult, a parent, or a person related to the vulnerable adult by consanguinity or affinity, but does not include children of the vulnerable adult who are less than eighteen years of age;

(6) "Fiduciary," a person or entity with the legal responsibility to make decisions on behalf of and for the benefit of a vulnerable adult and to act in good faith and with fairness. The term, fiduciary, includes an attorney in fact, a guardian, or a conservator;

(7) "Financial exploitation," exploitation as defined in subdivision 22-46-1 (5) when committed by a person who stands in a position of trust or confidence;

(8) "Guardian," as defined in subdivision 29A-5-102 (4);

(9) "Peace officer," as defined in subdivision 23A-45-9 (13);

(10) "Petitioner," a vulnerable adult who files a petition pursuant to this chapter, and includes a substitute petitioner who files a petition on behalf of a vulnerable adult pursuant to this chapter;

(11) "Present danger of vulnerable adult abuse," a situation in which the respondent has recently threatened the vulnerable adult with initial or additional abuse or neglect or the potential for misappropriation, misuse, or removal of the funds, benefits, property, resources, belongings, or assets of the vulnerable adult combined with reasonable grounds to believe that abuse, neglect, or exploitation is likely to occur;

(12) "Pro se," a person proceeding on the person's own behalf without legal representation;

(13) "Stands in a position of trust or confidence," the person has any of the following relationships relative to the vulnerable adult:

(a) Is a parent, spouse, adult child, or other relative by consanguinity or affinity of the vulnerable adult;

(b) Is a caretaker for the vulnerable adult; or

(c) Is a person who is in a confidential relationship with the vulnerable adult. A confidential relationship does not include a legal, fiduciary, or ordinary commercial or transactional relationship the vulnerable adult may have with a bank incorporated pursuant to the provisions of any state or federal law; any savings and loan association or savings bank incorporated pursuant to the provisions of any state or federal law; any credit union organized pursuant to the provisions of any state or federal law; any attorney licensed to practice law in this state; or any agent, agency, or company regulated under title 58 or chapter 36-21A ;

(14) "Substitute petitioner," a family or household member, guardian, conservator, attorney in fact, or guardian ad litem for a vulnerable adult, or other interested person who files a petition pursuant to this chapter; and

(15) "Vulnerable adult," a person sixty-five years of age or older who is unable to protect himself or herself from abuse as a result of age or a mental or physical condition, or an adult with a disability as defined in § 22-46-1 .

Source: SL 2016, ch 120, § 3; SL 2020, ch 214, § 46.
S.D. Codified Laws § 21-65-11 — SD Code / Title 21 / Chapter 65 / Section 21-65-11
Relief available for vulnerable adult abuse
Status: in_force

Upon a finding by a preponderance of the evidence that vulnerable adult abuse has occurred, the court may order any of the following:

(1) That the respondent be required to move from the residence of the vulnerable adult if both the vulnerable adult and the respondent are titleholders or contract holders of record of the real property, are named as tenants in the rental agreement concerning the use and occupancy of the dwelling unit, are living in the same residence, or are married to each other;

(2) That the respondent provide suitable alternative housing for the vulnerable adult;

(3) That a peace officer accompany the party who is leaving or has left the party's residence to remove essential personal effects of the party;

(4) That the respondent be restrained from vulnerable adult abuse;

(5) That the respondent be restrained from entering or attempting to enter on any premises when it appears to the court that restraint is necessary to prevent the respondent from committing vulnerable adult abuse;

(6) That the respondent be restrained from exercising any powers on behalf of the vulnerable adult through a court-appointed guardian, conservator, or guardian ad litem, an attorney-in-fact, or another third party; and

(7) In addition to the relief provided in § 21-65-12 , other relief that the court considers necessary to provide for the safety and welfare of the vulnerable adult.

Any relief granted by the order for protection shall be for a fixed period and may not exceed five years.

Source: SL 2016, ch 120, § 13; SL 2020, ch 214, § 48.
S.D. Codified Laws § 21-10-2 — SD Code / Title 21 / Chapter 10 / Section 21-10-2
Acts under statutory authority not deemed nuisance
Status: in_force

Nothing which is done or maintained under the express authority of a statute can be deemed a nuisance.

Source: CivC 1877, § 2050; CL 1887, § 4684; RCivC 1903, § 2396; RC 1919, § 2069; SDC 1939 & Supp 1960, § 37.4703.
S.D. Codified Laws § 21-3-12 — SD Code / Title 21 / Chapter 3 / Section 21-3-12
Evidence of special damages insurance from certain collateral sources admissible in personal injury actions for health care malpractice
Status: in_force

In any action for damages for personal injury or death alleging health care malpractice on the part of any physician, chiropractor, dentist, hospital, registered nurse, licensed practical nurse, or other practitioner of the healing arts, whether founded upon tort or contract, if it is alleged that the claimant suffered special damages by reason of such injury or death, evidence shall be admissible which is relevant to prove that any such special damages were paid for or are payable by, in whole or in part, insurance which is not subject to subrogation and which was not purchased privately, in whole or in part, by the claimant, claimant's decedent, or a member of the immediate family of claimant or claimant's decedent, or were paid for, or are payable by, in whole or in part, state or federal governmental programs not subject to subrogation.

Source: SL 1977, ch 182.
S.D. Codified Laws § 21-44-25 — SD Code / Title 21 / Chapter 44 / Section 21-44-25
Prospective and retrospective application of chapter
Status: in_force

This chapter shall apply regardless of whether the death of the life tenant is claimed to have occurred prior or subsequent to the enactment of this code.

Source: SDC 1939 & Supp 1960, § 37.1202.
S.D. Codified Laws § 21-41-9 — SD Code / Title 21 / Chapter 41 / Section 21-41-9
Service by publication on unknown defendants--Mail service not required--Effect of service by publication
Status: in_force

The court may grant an order for the service of the summons upon defendants who are unknown, whether heirs, devisees, legatees, personal representatives, or creditors or any other unknown person, by publication upon the filing of an affidavit by the plaintiff, his agent or attorney, stating that if there are any persons other than those named as defendants in the summons and complaint who have or claim to have any interest or estate in or claim to, or lien or encumbrance upon the premises adverse to plaintiff, such persons are unknown. No deposit of a copy of the summons and complaint in the post office for unknown defendants shall be required, and service shall be complete as to all unknown defendants at the expiration of the publication of the summons as ordered and shall be taken and accepted as personal service on all parties unknown who have or claim to have any such interest, estate, claim, lien, or encumbrance in, to, or upon the property described in the complaint.

Source: SL 1903, ch 194, § 6; SL 1905, ch 81; RC 1919, § 2852; SDC 1939 & Supp 1960, § 37.1512; SL 1995, ch 167, § 188.
S.D. Codified Laws § 21-45-24 — SD Code / Title 21 / Chapter 45 / Section 21-45-24
Costs apportioned among parties by judgment--Lien and execution against property--Expense of litigation between some of parties
Status: in_force

The costs of partition, including reasonable counsel fees, expended by the plaintiff or either of the defendants, for the common benefit, fees of referees, and other disbursements, must be paid by the parties respectively entitled to share in the lands divided, in proportion to their respective interests therein, and may be included and specified in the judgment. In that case they shall be a lien on the several shares, and the judgment may be enforced by execution against such shares, and against other property held by the respective parties. When, however, litigation arises between some of the parties only, the court may require the expense of such litigation to be paid by the parties thereto, or any of them.

Source: CCivP 1877, § 592; CL 1887, § 5406; RCCivP 1903, § 631; RC 1919, § 2842; SDC 1939 & Supp 1960, § 37.1442.
S.D. Codified Laws § 21-25A-38 — SD Code / Title 21 / Chapter 25A / Section 21-25A-38
Citation of chapter
Status: in_force

This chapter may be cited as the Uniform Arbitration Act.

Source: SL 1971, ch 157, § 25.
S.D. Codified Laws § 21-15-9 — SD Code / Title 21 / Chapter 15 / Section 21-15-9
Defendant's exception to sufficiency of plaintiff's sureties--Failure to except as waiver
Status: in_force

The defendant may, within three days after the service of a copy of the affidavit and undertaking, give notice to the sheriff that he excepts to the sufficiency of the sureties. If he fail to do so, he shall be deemed to have waived all objection to them.

Source: CCivP 1877, § 180; CL 1887, § 4976; RCCivP 1903, § 188; RC 1919, § 2415; SDC 1939 & Supp 1960, § 37.3807.
S.D. Codified Laws § 21-19-12 — SD Code / Title 21 / Chapter 19 / Section 21-19-12
Failure to claim additional exemptions as waiver
Status: in_force

Failure of a debtor or a dependent to make a claim of additional exemptions as provided in §§ 21-19-9 to 21-19-11 , inclusive, shall be deemed a waiver thereof by the debtor and his dependents unless and until relief from the default is granted.

Source: SDC 1939 & Supp 1960, § 37.4904.
S.D. Codified Laws § 21-25A-15 — SD Code / Title 21 / Chapter 25A / Section 21-25A-15
Evidence presented by parties--Cross-examination
Status: in_force

Unless otherwise provided by the agreement, the parties are entitled to be heard, to present evidence material to the controversy and to cross - examine witnesses appearing at the hearing.

Source: SL 1971, ch 157, § 5 (2).
S.D. Codified Laws § 21-22-30 — SD Code / Title 21 / Chapter 22 / Section 21-22-30
Court approval of trustee's accounting is conclusive--Accounting defined
Status: in_force

An accounting by a trustee of a court supervised trust and the final approval thereof by a court, whether or not such accounting is contested, is conclusive against all persons in any way interested in the trust, and the trustee, absent fraud, intentional misrepresentation, or material omission, shall be released and discharged from any and all liability as to all matters set forth in the accounting. For purposes of this section, the term, accounting, means any annual, interim, or final report or other statement provided by a trustee reflecting all transactions, receipts, and disbursements during the reporting period and a list of assets as of the end of the period covered by the report or statement.

Source: SL 2000, ch 229, § 3; SL 2017, ch 204, § 25.
S.D. Codified Laws § 21-27-12 — SD Code / Title 21 / Chapter 27 / Section 21-27-12
Day set for hearing of cause
Status: in_force

Upon the return of the writ of habeas corpus, a day shall be set for the hearing of the cause of imprisonment or detainer, not exceeding thirty days thereafter, unless for good cause additional or less time is allowed.

Source: CCrimP 1877, § 673; CL 1887, § 7841; RCCrimP 1903, § 773; RC 1919, § 4980; SDC 1939 & Supp 1960, § 37.5504; SL 1983, ch 169, § 11.
S.D. Codified Laws § 21-25B-7 — SD Code / Title 21 / Chapter 25B / Section 21-25B-7
Joinder of subrogee--Segregation of damages or costs
Status: in_force

Any subrogee of a patient or anyone claiming by or through the patient who has entered into an arbitration agreement under this chapter may join their claim with that of such patient with the same force and effect as though brought by such patient and in any award or judgment based thereon or by separate award and judgment the damages or costs may be segregated between such party and the patient as the arbitration panel shall determine.

Source: SL 1976, ch 155, § 27.
S.D. Codified Laws § 21-3A-1 — SD Code / Title 21 / Chapter 3A / Section 21-3A-1
Definition of terms
Status: in_force

Terms used in this chapter, mean:

(1) "Bodily injury," any bodily harm, sickness, disease, or death;

(2) "Economic loss," any pecuniary harm for which damages are recoverable;

(3) "Future damages," any damages arising from bodily injury which the trier of fact finds will accrue after the damages findings are made;

(4) "Noneconomic loss," any nonpecuniary harm for which damages are recoverable, but the term does not include punitive or exemplary damages;

(5) "Past damages," any damages that have accrued when the damages findings are made, including any punitive or exemplary damages allowed by law; and

(6) "Qualified insurer," any insurer, self - insurer, plan, or arrangement approved pursuant to § 21-3A-12 .

Source: SL 1986, ch 163, § 1.
S.D. Codified Laws § 21-15-6 — SD Code / Title 21 / Chapter 15 / Section 21-15-6
Seizure of property by sheriff--Safekeeping and delivery
Status: in_force

Upon receipt of the affidavit, endorsement, undertaking, and order authorizing delivery specified in §§ 21-15-2 to 21-15-4 , inclusive, the sheriff shall forthwith take the property described in the affidavit, if it be in the possession of the defendant or his agent, and retain it in his custody. He shall keep it in a safe place and deliver it to the party entitled thereto upon receiving his lawful fees and necessary expenses for keeping the same.

Source: CCivP 1877, § 185; CL 1887, § 4981; RCCivP 1903, § 193; RC 1919, § 2420; SDC 1939 & Supp 1960, § 37.3804; SL 1973, ch 145, § 2.
S.D. Codified Laws § 21-24-2 — SD Code / Title 21 / Chapter 24 / Section 21-24-2
Person including business associations and public agencies
Status: in_force

The word, person, wherever used in this chapter shall be construed to mean any person, partnership, joint stock company, unincorporated association, or society, or municipal, public or other corporation of any character whatsoever.

Source: SL 1925, ch 214, § 13; SDC 1939 & Supp 1960, § 37.0113.
S.D. Codified Laws § 21-32-2 — SD Code / Title 21 / Chapter 32 / Section 21-32-2
Limitation of actions on claims against the state
Status: in_force

Action on any claim on contract or tort against the state shall be commenced within one year after same has arisen.

Source: SL 1947, ch 156, § 7; SDC Supp 1960, § 33.4307.
S.D. Codified Laws § 21-48-24 — SD Code / Title 21 / Chapter 48 / Section 21-48-24
Affidavits recorded to show compliance with federal acts
Status: in_force

The affidavit provided for in subdivision 21-48-23(2) may be made and filed for record for the purpose of complying with the provisions of the Servicemembers Civil Relief Act of 2003, 54 Stat. 1178, 50 App. U.S.C.A. 501-48 and 560-591, as amended to January 1, 2007, and if required, for the purpose of showing compliance with the Federal Tax Lien Act, as amended to January 1, 2007. The affidavit may be made and filed for record at any time after the mortgage foreclosure sale, whether the sale was heretofore or is hereafter made.

Source: SDC 1939, § 37.3012 as added by SL 1957, ch 197; SL 1967, ch 151; SL 2007, ch 187, § 234.
S.D. Codified Laws § 21-9-9 — SD Code / Title 21 / Chapter 9 / Section 21-9-9
Adequacy of compensation for failure to transfer property
Status: in_force

It is to be presumed that the breach of an agreement to transfer real property cannot be adequately relieved by pecuniary compensation, and that the breach of an agreement to transfer personal property can be thus relieved.

Source: CivC 1877, § 1996; CL 1887, § 4629; RCivC 1903, § 2341; RC 1919, § 2012; SDC 1939 & Supp 1960, § 37.4607.
S.D. Codified Laws § 21-49-40 — SD Code / Title 21 / Chapter 49 / Section 21-49-40
Citation of chapter
Status: in_force

This chapter may be cited as the "One Hundred Eighty Day Redemption Mortgage Act."

Source: SL 1963, ch 236, § 5; SDCL, § 21-49-10; SL 1977, ch 187, § 29.
S.D. Codified Laws § 21-3B-10 — SD Code / Title 21 / Chapter 3B / Section 21-3B-10
Effect of chapter on existing laws and transfer agreements
Status: in_force

Nothing contained in this chapter authorizes any transfer of structured settlement payment rights in contravention of any law or to imply that any transfer under a transfer agreement entered into prior to July 1, 2001, is valid or invalid.

Source: SL 2001, ch 106, § 10.
S.D. Codified Laws § 21-18-2 — SD Code / Title 21 / Chapter 18 / Section 21-18-2
Plaintiff and defendant defined
Status: in_force

The term, plaintiff, is used in this chapter to include every judgment creditor, and the term, defendant, every judgment debtor.

Source: SL 1909, ch 156, § 1; RC 1919, § 2453; SL 1925, ch 182, § 1; SDC 1939, § 37.2801; SL 1939, ch 143.
S.D. Codified Laws § 21-25A-10 — SD Code / Title 21 / Chapter 25A / Section 21-25A-10
Arbitrators acting by majority
Status: in_force

The powers of the arbitrators may be exercised by a majority unless otherwise provided by the agreement or by this chapter.

Source: SL 1971, ch 157, § 4.
S.D. Codified Laws § 21-35-10.1 — SD Code / Title 21 / Chapter 35 / Section 21-35-10.1
Hearing on right to take--Time for demand--Waiver of right to question necessity--Finding of necessity as binding
Status: in_force

Within thirty days from the date the summons described in § 21-35-9 is served, the defendant may demand a hearing in circuit court on the petitioner's right to take. Failure to make such demand or to consent in writing to the taking, within the thirty - day period, shall constitute a waiver of the right to question the necessity of the taking. The finding of necessity by the plaintiff, unless based upon fraud, bad faith, or an abuse of discretion, shall be binding on all persons.

Source: SL 1976, ch 157, § 1; SL 1977, ch 186.
S.D. Codified Laws § 21-45-49 — SD Code / Title 21 / Chapter 45 / Section 21-45-49
Disposition of proceeds directed by order confirming sale
Status: in_force

The order confirming a sale may also make provision directing and authorizing the disposition to be made of the proceeds of a sale.

Source: CCivP 1877, § 581; CL 1887, § 5395; RCCivP 1903, § 620; RC 1919, § 2831; SDC 1939, § 37.1437; SL 1943, ch 137, § 2; SL 1945, ch 161, § 1; SL 1947, ch 170.
S.D. Codified Laws § 21-19-17 — SD Code / Title 21 / Chapter 19 / Section 21-19-17
Application and order for immediate release of items of definite value--Earnings necessary for support of debtor and family
Status: in_force

If claim for exemptions is made under §§ 21-19-9 to 21-19-13 , inclusive, the claimant may, upon three days' notice to the creditor, apply to the court for an order for immediate release from said levy of any property claimed as exempt in said claim, as to which property the valuation is definite and fixed and not open to dispute, meaning such items as money, bank accounts, earnings owing to debtor, and similar items. Upon hearing such application the court may order the immediate release from such levy of such items if satisfied that the same are clearly within the limitations of the additional exemptions as provided by law, the amount so set aside to be charged against the total amount of additional exemptions to be allowed to the claimant. Such releases where clearly within the limitations of the additional exemptions shall always be ordered when applied for as to earnings of debtor and similar items immediately necessary for the support of debtor and his family.

Source: CCivP 1877, § 331; CL 1887, § 5135; SL 1893, ch 19; RCCivP 1903, § 360; SL 1913, ch 228; RC 1919, § 2467; SDC 1939 & Supp 1960, § 37.4910.
S.D. Codified Laws § 21-55-3 — SD Code / Title 21 / Chapter 55 / Section 21-55-3
Consideration of failure to prevent live birth restricted in actions
Status: in_force

The failure or the refusal of any person to prevent the live birth of a person may not be considered in awarding damages or in imposing a penalty in any action. The failure or the refusal of any person to prevent the live birth of a person is not a defense in any action.

Source: SL 1981, ch 172, § 3.
S.D. Codified Laws § 21-54-9 — SD Code / Title 21 / Chapter 54 / Section 21-54-9
Sale of property in parts--Order of sale--Termination when sufficient amount raised
Status: in_force

If the property is conveniently and practicably divisible, the owner or any other lien holder may require it to be sold in parts and direct the order of such sale. In such cases the owner shall have the preference right to direct the order of sale, and the other lien holders shall have such preference in order of their respective priorities, if those preceding shall have failed to exercise such right.

If it is sold in parts, no more of the property shall be sold than is necessary to satisfy the lien and the costs and expenses of the proceedings.

Source: SDC 1939 & Supp 1960, § 37.3407.
S.D. Codified Laws § 21-52-22 — SD Code / Title 21 / Chapter 52 / Section 21-52-22
Successive extensions of time on successive redemptions
Status: in_force

If a redemption be made less than sixty days before the right, or extended right, of redemption expires, all holders of liens junior to that under which redemption is made have sixty days from such redemption in which to redeem, even after the expiration of the full period of redemption; and the property may, as often as any party having the right to redeem is disposed, be redeemed within sixty days after the last preceding redemption. The right of redemption given by this section need not be exercised in the order of priority of liens, but may be exercised by any person having the right to redeem.

Source: SL 1949, ch 142, § 12; SDC Supp 1960, § 37.5612 (2).
S.D. Codified Laws § 21-41-5 — SD Code / Title 21 / Chapter 41 / Section 21-41-5
Joinder of known claimants as defendants
Status: in_force

In such action all persons who have or claim to have or who appear of record to have ever had any interest or estate in, claim to, or lien or encumbrance upon the premises described in the summons and complaint or any part thereof or if dead, their heirs, devisees, legatees, personal representatives, or creditors or any or either of them, may be made defendants by name, if known.

Source: SL 1903, ch 194, § 2; SL 1905, ch 81; RC 1919, § 2847; SDC 1939 & Supp 1960, § 37.1505; SL 1995, ch 167, § 188.
S.D. Codified Laws § 21-3-11.1 — SD Code / Title 21 / Chapter 3 / Section 21-3-11.1
Legislative findings--Revival of §21-3-11
Status: in_force

As a result of the decision of the South Dakota Supreme Court in Knowles vs. United States, 1996 SD 10, 544 NW2d 183 (1996), the Legislature accepts the court's analysis and finds that Chapter 167 of the Session Laws of 1985 is now and has been part of the South Dakota Codified Laws since its effective date, codified as § 21-3-11 . The Legislature finds that amendment of the revived statute is necessary to recognize the evolution of levels of licensure from the time of initial passage of the statute to the present for the practitioners and entities addressed by the original version of the statute.

Source: SL 1997, ch 123, § 1.
S.D. Codified Laws § 21-34-3 — SD Code / Title 21 / Chapter 34 / Section 21-34-3
Judge to whom certificate of facts directed
Status: in_force

The certificate described in § 21-34-2 shall be directed or addressed to the circuit court having jurisdiction over the county in which the events occurred or the condition exists wherein it is desired to enforce obedience or stop violations, or over the county of the residence of the person against whom the contempt process is sought, as the agency, or party seeking to invoke such process may elect.

Source: SDC 1939, § 65.0107; SL 1985, ch 171, § 2.
S.D. Codified Laws § 21-21-6 — SD Code / Title 21 / Chapter 21 / Section 21-21-6
Undertaking required of applicant on ex parte appointment of receiver--Amount and terms--Additional undertaking
Status: in_force

If a receiver be appointed upon an ex parte application, the court, before making the order, may require from the applicant an undertaking, with sufficient sureties, in an amount to be fixed by the court, to the effect that the applicant will pay to the defendant all damages he may sustain by reason of the appointment of such receiver and the entry by him upon his duties, in case the applicant shall have procured such appointment wrongfully, maliciously, or without sufficient cause; and the court may, in its discretion, at any time after said appointment, require an additional undertaking.

Source: CCivP 1877, § 221; CL 1887, § 5017; RCCivP 1903, § 229; RC 1919, § 2477; SDC 1939 & Supp 1960, § 37.2603.
S.D. Codified Laws § 21-65-14 — SD Code / Title 21 / Chapter 65 / Section 21-65-14
Term of protection order--Amendment or extension
Status: in_force

A protection order shall be for a fixed period of time not to exceed five years. The court may amend or extend an order at any time upon a petition filed by either party and after notice and a hearing. The court may extend an order if the court, after a hearing at which the respondent has the opportunity to be heard, finds that the respondent continues to pose a threat to the safety of the vulnerable adult, a person residing with the vulnerable adult, or a member of the vulnerable adult's immediate family, or continues to present a risk of financial exploitation of the vulnerable adult. The number of extensions that the court may grant is not limited.

Source: SL 2016, ch 120, § 16.
S.D. Codified Laws § 21-39-2 — SD Code / Title 21 / Chapter 39 / Section 21-39-2
County court decrees prior to 1959 validated
Status: in_force

In all cases prior to July 1, 1959, where patent has issued to the heirs of a decedent under the laws of the United States and the county court of the county wherein such patented land is situated has determined who were the heirs of such decedent and their respective shares in and to said patented land, such decrees of said county court establishing and declaring such heirship and such shares shall have the same force, effect, and validity as though made by the circuit court for said county.

Source: SL 1925, ch 4, § 2; SDC 1939, § 65.0314; SL 1959, ch 459.
S.D. Codified Laws § 21-22-7 — SD Code / Title 21 / Chapter 22 / Section 21-22-7
Petition, hearing and order dispensing with court supervision
Status: in_force

At any time after the filing of the papers required by §§ 21-22-3 and 21-22-4 a fiduciary, the trustor, or any beneficiary under such court trust, if the fiduciary, trustor, or beneficiary considers court supervision unnecessary or impractical and involving unnecessary burden and expense, may petition the court to dispense with the supervision. Upon the petition being filed, the court shall fix the time and place for hearing, unless the conditions of § 21-22-21 have been met, and cause notice thereof to be given as provided pursuant to this chapter. Upon the hearing the supervision may not be dispensed with if any fiduciary, trustor, or any beneficiary with a substantial interest in the trust objects to dispensing therewith. If there is no objection and the court is satisfied that supervision is impractical or unnecessary and would involve unnecessary burden and expense, an order may be entered dispensing with the supervision.

Source: Supreme Court Rule 240, 1939; SDC 1939 & Supp 1960, § 33.2604; SL 2014, ch 226, § 8; SL 2015, ch 240, § 22.
S.D. Codified Laws § 21-10-25.3 — SD Code / Title 21 / Chapter 10 / Section 21-10-25.3
Agricultural operations protected
Status: in_force

No agricultural operation or any of its appurtenances may be deemed to be a nuisance, private or public, by any changed conditions in the locality of the operation or its appurtenances, after the operation has been in existence for more than one year, if the operation was not a nuisance at the time the operation began.

Any agricultural operation protected pursuant to this section may reasonably expand its operation, without losing its protected status, if all county, municipal, state, and federal environmental codes, laws, and regulations are met by the agricultural operation.

The protected status of an agricultural operation, once acquired, is assignable, alienable, and inheritable. The protected status of an agricultural operation, once acquired, may not be waived by the temporary cessation of farming, by diminishing the size of the operation, or by a change in the type of feeding operation or crop produced.

This section does not apply if a nuisance results from the negligent or improper operation of an agricultural operation or its appurtenances.

Source: SL 1991, ch 183, § 2; SL 1994, ch 162; SDCL § 21-10-25.2; SL 2023, ch 65, §§ 2, 8.
S.D. Codified Laws § 21-25B-3 — SD Code / Title 21 / Chapter 25B / Section 21-25B-3
Warning clause required in arbitration agreement
Status: in_force

The arbitration agreement between hospitals or physicians and patients shall contain the following provision in twelve - point boldface type immediately above the space for signature of the parties: The agreement to arbitrate is not a prerequisite to health care or treatment. By signing this contract you are agreeing to have any issue of medical malpractice decided by neutral arbitration and you are giving up your right to a jury or court trial.

Source: SDCL, § 21-25A-1 as added by SL 1976, ch 155, § 1.
S.D. Codified Laws § 21-64-7 — SD Code / Title 21 / Chapter 64 / Section 21-64-7
Permitted use of name to truthfully identify personality as author or performer
Status: in_force

The provisions of this chapter do not apply to the use of a personality's name to truthfully identify the personality as the author of a written work or a performer of a recorded performance if the written work or recorded performance is otherwise rightfully reproduced, exhibited, or broadcast.

Source: SL 2015, ch 126, § 7.
S.D. Codified Laws § 21-47-21 — SD Code / Title 21 / Chapter 47 / Section 21-47-21
Certificate of sale issued to purchaser
Status: in_force

Whenever any real property shall be sold under an order, decree, or judgment of foreclosure, under the provisions of this chapter, the officer or other person making the sale must give to the purchaser a certificate of sale, as provided in the statutes relating to foreclosure of real estate mortgages by advertisement and sale.

Source: CCivP 1877, § 623; CL 1887, § 5437; RCCivP 1903, § 662; RC 1919, § 2904; SDC 1939 & Supp 1960, § 37.2914.
S.D. Codified Laws § 21-29-4 — SD Code / Title 21 / Chapter 29 / Section 21-29-4
Grant of writ on default prohibited
Status: in_force

The writ of mandamus cannot be granted by default. The case must be heard by the court, whether the adverse party appear or not.

Source: CCivP 1877, § 698; CL 1887, § 5520; RCCivP 1903, § 767; RC 1919, § 3009; Supreme Court Rule 611, 1939; SDC 1939 & Supp 1960, § 37.4503.
S.D. Codified Laws § 21-42-9 — SD Code / Title 21 / Chapter 42 / Section 21-42-9
Lis pendens notice recorded by register of deeds--Destruction of records
Status: in_force

Upon the filing of the summons and complaint, a notice of pendency of the action shall be recorded in the office of the register of deeds of the county in which the action is pending; the lis pendens so recorded shall be filed and recorded by the register of deeds in the same manner and as required by law for the recording of instruments concerning real 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: SL 1941, ch 161, § 3; SL 1943, ch 140; SDC Supp 1960, § 37.16A03; SL 1981, ch 45, § 18.
S.D. Codified Laws § 21-3B-3 — SD Code / Title 21 / Chapter 3B / Section 21-3B-3
Transfer effective only upon order of court or administrative authority--Findings required
Status: in_force

No direct or indirect transfer of structured settlement payment rights is effective and no structured settlement obligor or annuity issuer is required to make any payment directly or indirectly to any transferee of structured settlement payment rights unless the transfer has been approved in advance in a final court order or order of a responsible administrative authority based on the following express findings by such court or responsible administrative authority:

(1) The transfer is in the best interest of the payee, taking into account the welfare and support of the payee's dependents;

(2) The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received such advice or knowingly waived such advice in writing; and

(3) The transfer does not contravene any applicable statute or the order of any court or other government authority.

Source: SL 2001, ch 106, § 3.
S.D. Codified Laws § 21-67-9 — SD Code / Title 21 / Chapter 67 / Section 21-67-9
Uniformity of application and construction
Status: in_force

In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Source: SL 2020, ch 77, § 9.
S.D. Codified Laws § 21-52-26 — SD Code / Title 21 / Chapter 52 / Section 21-52-26
Certificate of final redemption
Status: in_force

If the debtor, his grantee, or successor in interest redeem, the sheriff must execute and deliver to him a certificate of redemption duly acknowledged, reciting the fact of such redemption.

Source: SL 1949, ch 142, § 13; SDC Supp 1960, § 37.5613 (2).
S.D. Codified Laws § 21-25A-31 — SD Code / Title 21 / Chapter 25A / Section 21-25A-31
Judgment or decree on confirmed award--Costs
Status: in_force

Upon the granting of an order confirming, modifying, or correcting an award, judgment, or decree shall be entered in conformity therewith and be enforced as any other judgment or decree. Costs of the application and the proceedings subsequent thereto, and disbursements may be awarded by the court.

Source: SL 1971, ch 157, § 15.
S.D. Codified Laws § 21-47-20 — SD Code / Title 21 / Chapter 47 / Section 21-47-20
Execution for balance unsatisfied by proceeds of sale
Status: in_force

Subject to the provisions of §§ 21-47-15 to 21-47-17 , inclusive, the court may direct the issuing of an execution for the balance that may remain unsatisfied, after applying the proceeds of such sale.

Source: CCivP 1877, § 617; CL 1887, § 5431; RCCivP 1903, § 656; RC 1919, § 2898; SL 1929, ch 178; SDC 1939 & Supp 1960, § 37.2911.
S.D. Codified Laws § 21-34-12 — SD Code / Title 21 / Chapter 34 / Section 21-34-12
Judicial power to enforce own order unaffected
Status: in_force

Nothing contained in this chapter shall affect or regulate the power of any court to punish contempts of such court for violation of any of its own rules, regulations, orders, judgments, decrees, commands, or judicial functions in cases where such jurisdiction inheres in the court as part of its judicial powers or jurisdiction, or is otherwise given to it as original contempt jurisdiction by statute, but the procedure in such cases shall be according to such inherent jurisdiction or statutory jurisdiction of such court as otherwise provided.

Source: SDC 1939, § 65.0107.
S.D. Codified Laws § 21-28-7 — SD Code / Title 21 / Chapter 28 / Section 21-28-7
Arrest and holding to bail of defendant who has received emoluments of office
Status: in_force

In an action against a person for usurping an office, upon proof by affidavit that the defendant has received fees or emoluments belonging to the office and by means of his usurpation thereof, an order may be granted by a judge of the court for the arrest of such defendant, and holding him to bail; and thereupon he shall be arrested and held to bail, in the manner and with the same effect, and subject to the same rights and liabilities as in other civil actions where the defendant is subject to arrest.

Source: CCivP 1877, § 536; CL 1887, § 5350; RCCivP 1903, § 575; RC 1919, § 2786; SL 1919, ch 289, § 5; SDC 1939 & Supp 1960, § 37.0510.
S.D. Codified Laws § 21-16-12 — SD Code / Title 21 / Chapter 16 / Section 21-16-12
Time of serving execution
Status: in_force

No execution for possession can be served except in the daytime.

Source: SL 1881, ch 87, § 2; CL 1887, § 6080; RJustC 1903, § 51; RC 1919, § 2178; SDC 1939 & Supp 1960, § 37.3908.
S.D. Codified Laws § 21-36-10 — SD Code / Title 21 / Chapter 36 / Section 21-36-10
Publication of summons and complaint--Personal service--Service by mail
Status: in_force

Upon the filing of said summons and complaint the court shall make its order that the summons be published in some newspaper to be designated in said order as the newspaper most likely to give notice of the pendency of the action, at least once in each week for six successive weeks. The summons and complaint shall be personally served upon each defendant known to be a resident in this state and a copy of the summons and complaint shall be mailed and directed to each nonresident defendant at his last - known place of residence, with the postage thereon prepaid.

Source: SL 1909, ch 104, § 4; RC 1919, § 3052; SDC 1939 & Supp 1960, § 37.4203.
S.D. Codified Laws § 21-27-13 — SD Code / Title 21 / Chapter 27 / Section 21-27-13
Denials and new allegations in applicant's answer to return of writ--Amendment of return and suggestions against return
Status: in_force

The applicant for a writ of habeas corpus may deny any of the material facts set forth in the return or may allege any fact to show, either that the imprisonment or detention is unlawful or that he is then entitled to his discharge, which allegations or denials shall be made on oath. The return may be amended by leave of the court or judge, before or after the same is filed, as also may all suggestions made against it, in order that all material facts may be ascertained.

Source: CCrimP 1877, § 673; CL 1887, § 7841; RCCrimP 1903, § 773; RC 1919, § 4980; SDC 1939 & Supp 1960, § 37.5504.
S.D. Codified Laws § 21-3B-12 — SD Code / Title 21 / Chapter 3B / Section 21-3B-12
Applicability of chapter
Status: in_force

This chapter applies to any transfer of structured settlement payment rights under a transfer agreement entered into on or after July 1, 2001. Nothing contained in this chapter implies that any transfer under a transfer agreement reached prior to such date is either effective or ineffective.

Source: SL 2001, ch 106, § 12.
S.D. Codified Laws § 21-3-14 — SD Code / Title 21 / Chapter 3 / Section 21-3-14
Local law where personal injury occurs determines survival of claim
Status: in_force

In any action arising out of an injury to the person, the local law of the state where the injury occurs determines whether a claim for damages survives the death of the party sought to be held liable or of the injured person. For purposes of this section, the place where the injury occurs is the place where the forces causing the injury first result in actionable injury to the injured person.

Source: SL 2011, ch 112, § 1.
S.D. Codified Laws § 21-54-17.1 — SD Code / Title 21 / Chapter 54 / Section 21-54-17.1
Disposal in lieu of sale--Abandoned title required
Status: in_force

If the owner of the real property intends to dispose of the mobile home or manufactured home in lieu of sale, the owner of the real property must first obtain an abandoned title after paying any taxes owed on the home.

Source: SL 2023, ch 66, § 3.
S.D. Codified Laws § 21-44-24 — SD Code / Title 21 / Chapter 44 / Section 21-44-24
Action to set aside judgment terminating estate--Bona fide purchaser or encumbrancer protected
Status: in_force

Any person interested who questions the fact of such death may at any time commence an action in the circuit court to set aside the judgment or order of the court and file for record in the office of such register of deeds, a notice subscribed and verified by him, giving the description of the real estate or personal property involved, and the basis and reasons as to his raising such question as to the fact of death, but no purchaser or encumbrancer of such real estate or personal property, or any part thereof, in good faith and for value, more than thirty days after the recording of the certified copy of the order or judgment shall be subject to any claim growing out of the rights of the life tenant.

Source: SDC 1939 & Supp 1960, § 37.1208.
S.D. Codified Laws § 21-34-8 — SD Code / Title 21 / Chapter 34 / Section 21-34-8
Source of payment for expenses of officials
Status: in_force

The expenses of officials in making service or performing other legal duties under this chapter for which expense no fee is allowed by law, shall be paid by the county or from the public funds under control of the public officer, department, commission, or board which may be available for the purpose, as the court may order.

Source: SDC 1939, § 65.0107.
S.D. Codified Laws § 21-22-15 — SD Code / Title 21 / Chapter 22 / Section 21-22-15
Final report of trustee--Contents
Status: in_force

When the trust estate has been disposed of or the provisions of the instrument creating the trust have been complied with, the trustee must file his final report duly verified by him and which may by reference incorporate thereinto previous reports made and which, supplementing such previous reports, must contain a complete and itemized statement of all the receipts and disbursements of the trustee and all of his acts with relation to the trust.

Source: Supreme Court Rule, Part 3, Rule 4, September, 1923; Supreme Court Rule 244, 1939; SDC 1939 & Supp 1960, § 33.2608.
S.D. Codified Laws § 21-16-4 — SD Code / Title 21 / Chapter 16 / Section 21-16-4
Joinder of actions
Status: in_force

An action under the provisions of this chapter cannot be brought in connection with any other except for rents and profits or damages but the plaintiff may bring separate actions for the same if he so desire.

Source: SL 1881, ch 87, § 2; CL 1887, § 6080; RJustC 1903, § 51; RC 1919, § 2178; Supreme Court Rule 596, 1939; SDC 1939 & Supp 1960, § 37.3906.
S.D. Codified Laws § 21-3-3 — SD Code / Title 21 / Chapter 3 / Section 21-3-3
Presumed damages for wrongful conversion of personal property--Presumptions conclusive when possession wrongful from beginning
Status: in_force

The detriment caused by the wrongful conversion of personal property is presumed to be:

(1) The value of the property at the time of the conversion, with the interest from that time;

(2) Where the action has been prosecuted with reasonable diligence, the highest market value of the property at any time between the conversion and the verdict, without interest, at the option of the injured party;

(3) A fair compensation for the time and money properly expended in pursuit of the property.

Such presumptions cannot be repelled in favor of one whose possession was wrongful from the beginning by his subsequent application of the property to the benefit of the owner, without his consent.

Source: CivC 1877, §§ 1970, 1971; SL 1885, ch 42, § 1; CL 1887, §§ 4603, 4604; RCivC 1903, §§ 2315, 2316; RC 1919, §§ 1987, 1988; SDC 1939 & Supp 1960, § 37.1910.
S.D. Codified Laws § 21-22-17 — SD Code / Title 21 / Chapter 22 / Section 21-22-17
Contents of notice of hearings--Trustee's account attached
Status: in_force

Notice of all hearings on all reports of the trustee and on all petitions filed shall be given as provided in this chapter. The court shall fix the time and place of the hearing. Notice of the time and place of the hearing, along with the nature of the hearing, shall be given as provided in this chapter. When the hearing is on an account of the trustee a copy of the account shall be served with the notice.

Source: Supreme Court Rule, Part 3, Rule 7, September, 1923; Supreme Court Rule 246, 1939; SDC 1939, § 33.2610; Supreme Court Rule adopted November 4, 1941; Supreme Court Rule adopted October 14, 1957; SL 2006, ch 243, § 7.
S.D. Codified Laws § 21-18-38 — SD Code / Title 21 / Chapter 18 / Section 21-18-38
Default judgment for adverse claimant--Trial of issues on adverse claim
Status: in_force

If no answer is made pursuant to § 21-18-37 , the claimant shall be entitled to default judgment as in ordinary cases of failure to answer.

If issue be raised upon such claim, the court shall determine the order of trial and procedure at the commencement of the trial or upon motion of any party prior thereto.

Source: SL 1909, ch 156, § 15; RC 1919, § 2468; SDC 1939 & Supp 1960, § 37.2824.
S.D. Codified Laws § 21-32-11 — SD Code / Title 21 / Chapter 32 / Section 21-32-11
Undertaking for costs filed by plaintiff in Supreme Court action
Status: in_force

At the time a complaint is filed pursuant to § 21-32-10 , the plaintiff shall file an undertaking in the penal sum of five hundred dollars, with two or more sureties, to be approved by the state treasurer, to the effect that he will indemnify the state against all costs that may accrue in such action, and pay to the clerk of the Supreme Court all costs in case he shall fail to prosecute his action, or to obtain a judgment against the state; and thereupon the action shall be placed upon the calendar of said court.

Source: SL 1890, ch 1, § 1; RCCivP 1903, § 25; RC 1919, § 2109; SDC 1939 & Supp 1960, § 33.0604.
S.D. Codified Laws § 21-25A-25 — SD Code / Title 21 / Chapter 25A / Section 21-25A-25
Time for application to vacate award
Status: in_force

An application under § 21-25A-24 shall be made within ninety days after delivery of a copy of the award to the applicant, except that, if predicated upon corruption, fraud, or other undue means, it shall be made within ninety days after such grounds are known or should have been known, but in no case more than one year after delivery of a copy of the award to the applicant.

Source: SL 1971, ch 157, § 13; SL 1976, ch 155, § 7.
S.D. Codified Laws § 21-47-2 — SD Code / Title 21 / Chapter 47 / Section 21-47-2
Service by publication on nonresident, absent or unknown defendants
Status: in_force

If the defendant be a nonresident of the state, or absent or concealed or if he be a resident of the state and after due diligence cannot be found in the state, service may be made by publication in the manner prescribed by statute or rule of court in ordinary civil actions but no additional lien on or seizure of property other than that contained in the mortgage or resulting from commencing foreclosure thereof shall be necessary to obtain jurisdiction of the persons served with process by publication. If the mortgagor or any other proper party defendant is deceased, service upon unknown heirs, devisees, legatees, personal representatives, creditors, and other unknown persons, who might have a right of redemption from the mortgage, may be made by publication, as provided by § 15-9-9 .

Source: CCivP 1877, § 616; CL 1887, § 5430; RCCivP 1903, § 655; RC 1919, § 2897; SDC 1939, § 37.2901; SL 1943, ch 139; SL 1995, ch 167, § 188.
S.D. Codified Laws § 21-2-10 — SD Code / Title 21 / Chapter 2 / Section 21-2-10
Damages for carrier's delay in delivery of freight
Status: in_force

The detriment caused by breach of a carrier's obligation by delay in delivery of freight, is deemed to be the depreciation in the intrinsic value of the freight during the delay, and also the depreciation, if any, in the market value thereof, otherwise than by reason of depreciation in its intrinsic value, at the place where it ought to have been delivered and between the day at which it ought to have been delivered and the day of its actual delivery.

Source: CivC 1877, § 1964; CL 1887, § 4597; RCivC 1903, § 2309; RC 1919, § 1981; SDC 1939 & Supp 1960, § 37.1808 (3).
S.D. Codified Laws § 21-66-8 — SD Code / Title 21 / Chapter 66 / Section 21-66-8
Response to motion for order to file asbestos trust claim
Status: in_force

Within ten days following receipt of the defendant's motion under § 21-66-7 , the plaintiff shall for each asbestos trust claim identified by the defendant:

(1) File the asbestos trust claim;

(2) File a written response with the court setting forth any reason why there is insufficient evidence for the plaintiff to file the asbestos trust claim; or

(3) File a written response with the court requesting a determination that the plaintiff's expenses, or attorney's fees and expenses, to prepare and file the asbestos trust claim identified in the defendant's motion exceed the plaintiff's reasonably anticipated recovery from the trust.

Source: SL 2017, ch 94, § 8.
S.D. Codified Laws § 21-44-21 — SD Code / Title 21 / Chapter 44 / Section 21-44-21
Validation of prior proceedings joining different claims as to personal property--Protection of vested rights
Status: in_force

All proceedings for termination of life estate conducted prior to July 1, 1957, in which personal property has been involved, in which two or more life tenants were named, or in which the remaindermen were not identical as to all property involved, are hereby legalized, cured, and validated, and all such proceedings are hereby declared to be in all respects of like force and effect as if expressly authorized by the law in effect at the time such proceeding was conducted.

If any person had any vested right in any property, or other rights of any kind, by reason of any of the matters referred to in paragraph one hereof, if no action or proceeding to enforce such right was begun prior to July 1, 1958, such rights shall be forever barred; and no action or proceeding so brought is of any force or effect, or maintainable in any court of this state, unless, prior to July 1, 1958, there was recorded in the office of the register of deeds of the county in which the property affected is situated, a notice of the pendency of such action, in accordance with the provisions of chapter 15-10 .

Source: SL 1957, ch 503; SDC Supp 1960, § 65.0335.
S.D. Codified Laws § 21-49-21 — SD Code / Title 21 / Chapter 49 / Section 21-49-21
Time for defendant's answer
Status: in_force

A defendant in an action for foreclosure shall serve his answer to the complaint of the plaintiff within thirty days after service of the summons.

Source: SL 1977, ch 187, § 11.
S.D. Codified Laws § 21-9-7 — SD Code / Title 21 / Chapter 9 / Section 21-9-7
Real property obligation enforceable against successor in interest--Good faith purchaser--Exoneration by conveyance
Status: in_force

Whenever an obligation in respect to real property would be specifically enforced against a particular person, it may be in like manner enforced against any other person claiming under him by a title created subsequently to the obligation, except a purchaser or encumbrancer in good faith and for value, and except, also, that any such person may exonerate himself by conveying all his estate to the person entitled to enforce the obligation.

Source: CivC 1877, § 2003; CL 1887, § 4636; RCivC 1903, § 2348; RC 1919, § 2019; SDC 1939 & Supp 1960, § 37.4611.
S.D. Codified Laws § 21-67-5 — SD Code / Title 21 / Chapter 67 / Section 21-67-5
Plaintiff privacy
Status: in_force

In an action under this chapter:

(1) The court may exclude or redact from all pleadings and documents filed in the action other identifying characteristics of the plaintiff under § 15-15-11 ;

(2) A plaintiff to whom paragraph (1) applies shall file with the court and serve on the defendant a confidential information form that includes the excluded or redacted plaintiff’s name and other identifying characteristics; and

(3) The court may make further orders as necessary to protect the identity and privacy of a plaintiff.

Source: SL 2020, ch 77, § 5.
S.D. Codified Laws § 21-45-19 — SD Code / Title 21 / Chapter 45 / Section 21-45-19
Unequal division with compensatory payments between parties
Status: in_force

When it appears that the partition cannot be made equal between the parties according to their respective rights, without prejudice to the rights and interests of some of them, and a partition be ordered, the court may adjudge compensation to be made by one party to another, on account of the inequality; but such compensation shall not be required to be made to others by owners unknown, nor by an infant, unless it appears that such infant has personal property sufficient for that purpose, and that his interest will be promoted thereby. In all cases the court has power to make compensatory adjustment between the respective parties, according to the ordinary principles of equity.

Source: CCivP 1877, § 588; CL 1887, § 5402; RCCivP 1903, § 627; RC 1919, § 2838; SDC 1939 & Supp 1960, § 37.1427.
S.D. Codified Laws § 21-25A-5 — SD Code / Title 21 / Chapter 25A / Section 21-25A-5
Application to compel arbitration--Order to arbitrate or denial of application
Status: in_force

On application of a party showing an agreement described in § 21-25A-1 , and the opposing party's refusal to arbitrate, the court shall order the parties to proceed with arbitration, but if the opposing party denies the existence of the agreement to arbitrate, the court shall proceed summarily to the determination of the issue so raised and shall order arbitration if found for the moving party, otherwise, the application shall be denied.

Source: SL 1971, ch 157, § 2.
S.D. Codified Laws § 21-19-13 — SD Code / Title 21 / Chapter 19 / Section 21-19-13
Relief from default in claiming exemptions--Effect on prior proceedings
Status: in_force

Default in the making of a claim of exemptions may be relieved at any time while such levy remains in force upon notice to the creditor, and upon showing satisfactory to the court of reasonable excuse. Relief from such default shall not in any manner whatever affect the validity of any proceedings previously had except:

(1) As to any sales made under such levy to any person who is in effect acting for the creditor or in collusion with the creditor, property so sold shall be treated as if in the possession of the creditor;

(2) As to any property still in possession of the officer or in the possession of the creditor, whether through sales or otherwise or deemed in the possession of the creditor under subdivision (1) of this section; and as to proceeds of any sales other than sales specified in subdivision (1), the same shall be subject to claim of exemptions only upon such terms as the court deems just, which terms must be such that the creditor shall be reimbursed for all expenses, including reasonable attorney's fees necessarily incurred subsequent to the time when such claim for exemptions should have been made as provided in § 21-19-9 .

Source: SDC 1939 & Supp 1960, § 37.4903.
S.D. Codified Laws § 21-51-11 — SD Code / Title 21 / Chapter 51 / Section 21-51-11
Remedy not exclusive
Status: in_force

The remedy provided by this chapter shall be cumulative and not exclusive of any other actions or remedies provided by law whereby the relief or any part thereof provided by this remedy might be obtained.

Source: SDC 1939 & Supp 1960, § 37.0907.
S.D. Codified Laws § 21-35-28 — SD Code / Title 21 / Chapter 35 / Section 21-35-28
Amendment of declaration of taking
Status: in_force

If any person who is a proper party defendant or any affected property is omitted from the declaration of taking filed pursuant to § 21-35-24 , the plaintiff may file amendments to include them. The amendments from the time of filing have the same force and effect as if they were included in the original proceedings. The naming or omission of defendants' names does not defer the effect of the declaration of taking.

Source: SL 1983, ch 171, § 5.
S.D. Codified Laws § 21-24-9 — SD Code / Title 21 / Chapter 24 / Section 21-24-9
Trial of issues of fact
Status: in_force

When a proceeding under this chapter involves the determination of an issue of fact, such issue may be tried and determined in the same manner as issues of fact are tried and determined in other civil actions in the court in which the proceeding is pending.

Source: SL 1925, ch 214, § 9; SDC 1939 & Supp 1960, § 37.0109.
S.D. Codified Laws § 21-18-9 — SD Code / Title 21 / Chapter 18 / Section 21-18-9
Fee paid to garnishee for expense of garnishment disclosure
Status: in_force

If a garnishee summons, affidavit, and garnishment disclosure is served, the garnishee shall be paid the sum of fifteen dollars to reimburse the garnishee for the expense of preparing the garnishment disclosure which sum shall be taxed as a part of plaintiff's costs. If the garnishee is not paid, the garnishment proceeding is void. The return of service of the garnishee summons shall include a statement that the sum was paid. The garnishment disclosure shall be returned to the plaintiff and filed with the court.

Source: SDC 1939, § 37.2804; SL 1959, ch 238; SL 1988, ch 182, § 3; SL 1998, ch 126, § 1; SL 2016, ch 116, § 5.
S.D. Codified Laws § 21-51-8 — SD Code / Title 21 / Chapter 51 / Section 21-51-8
Proof required on hearing--Objections to relief requested
Status: in_force

At the time and place of hearing, the court shall require proof of publication or publication and posting of the notice and may require such other proof as to it may seem necessary and shall hear any persons interested in the matter who may appear or file written objections against granting the relief requested.

Source: SL 1920 (SS), ch 67, § 2; Supreme Court Rule 567, 1939; SDC 1939 & Supp 1960, § 37.0906.
S.D. Codified Laws § 21-17A-19 — SD Code / Title 21 / Chapter 17A / Section 21-17A-19
Modification of writ--Notice of motion--Combining motions
Status: in_force

The court may, at any time before the trial of the action or a release of the property under § 21-17A-18 , modify the writ of attachment for irregularity or other sufficient cause, on three days' notice of motion. The motion therefor may be combined with a motion to increase the plaintiff's security under § 21-17A-8 .

Source: SL 1983, ch 168, § 19.
S.D. Codified Laws § 21-41-10 — SD Code / Title 21 / Chapter 41 / Section 21-41-10
Validation of prior judgments based on personal service outside state--Rights barred by no action
Status: in_force

In any action to determine adverse claims to real property in the circuit court in which personal service was made of the summons or summons and complaint, on any nonresident defendant, in lieu of service by publication, by an officer of such foreign state and where proof of such service was made by the certificate of service of such officer making such personal service and judgment and decree was made and entered quieting the title to such real property, prior to January 1, 1992, such proof of service is hereby legalized and validated as fully as though such proof of service had been by affidavit. Any judgment or decree quieting the title to real estate based upon such proof of service shall be legal, valid, complete and effective as of the date on which said judgment and decree was filed, if otherwise properly signed and attested.

If any person has any vested right in any real property by reason of any omission referred to in this section, and if no action or proceeding to enforce such right was commenced prior to July 1, 1993, such right shall be forever barred. No action or proceeding brought involving real property shall be of any force or effect, or maintainable in any court of this state, unless prior to July 1, 1993, there was recorded in the office of the register of deeds of the county in which the real property affected is situated, a notice of the pendency of such action, in accordance with chapter 15-10 .

Source: SL 1945, ch 166; SDC Supp 1960, § 65.0323; SL 1992, ch 307, § 7.
S.D. Codified Laws § 21-25B-13 — SD Code / Title 21 / Chapter 25B / Section 21-25B-13
Three-member panel selected for small claims--Selection process
Status: in_force

If the damages sought do not exceed ten thousand dollars, the arbitration panel shall consist of three members. Each party may select one member from the panel. If a party does not wish to select his member from the panel, he may petition the presiding judge of the circuit court in which the controversy occurred to appoint some other person of his choice, subject to the objection of the opposing party. Once these two members of the panel have been selected, these two members in turn shall select a third member which may or may not be from the panel. If they cannot agree within fifteen days, then the presiding judge of the circuit court shall, within fifteen days, appoint the third member.

Source: SL 1976, ch 155, § 12; SL 1984, ch 160, § 2.
S.D. Codified Laws § 21-48-12 — SD Code / Title 21 / Chapter 48 / Section 21-48-12
Sale by parcels--Sale terminated when sufficient amount raised
Status: in_force

If the mortgaged premises consist of distinct farms, tracts, or lots, they must be sold separately, unless the same consist of platted lots having a structure partly upon each, in which case the lots must be sold as one tract; provided that whenever there be a paramount lien upon two or more lots or parcels of land not contiguous which paramount lien covers two or more of such separate lots or parcels, the separate lots or parcels may be sold in one parcel subject to such paramount lien. Except as are hereinbefore provided, no more farms, tracts, or lots must be sold than shall be necessary to satisfy the amount due on such mortgage at the date of the notice of sale, with interest, and the costs and expenses allowed by law.

Source: CCivP 1877, § 604; CL 1887, § 5418; RCCivP 1903, § 643; RC 1919, § 2883; SL 1929, ch 179; SDC 1939 & Supp 1960, § 37.3005.
S.D. Codified Laws § 21-32-4 — SD Code / Title 21 / Chapter 32 / Section 21-32-4
Service of petition on attorney general--Answer and defense by attorney general
Status: in_force

Within five days after the filing of said petition with the clerk of courts the petitioner shall cause to be served upon the attorney general of the state, in the manner required for service of a summons in civil actions, a certified copy of such petition. Within thirty days after the service of such petition the attorney general may file with the clerk of courts his answer thereto; provided, the failure of the attorney general to file an answer shall not preclude him from participating in any hearing herein provided for and urging any defense or objection thereto he may deem proper.

Source: SL 1947, ch 156, § 3; SDC Supp 1960, § 33.4303.
S.D. Codified Laws § 21-25B-19 — SD Code / Title 21 / Chapter 25B / Section 21-25B-19
Disability or disqualification of panel member--Petition for court-appointed replacement--Prior exhibits and testimony available--Recommendation by originally appointing party
Status: in_force

If any person serving on a health care services arbitration panel becomes disabled or is disqualified from service thereon for any reason, the presiding judge of the circuit court shall, upon petition of any party to the arbitration agreement on the controversy under consideration, within fifteen days appoint someone to fill such vacancy. The person appointed to fill a vacancy shall have made available to him all exhibits and testimony heard or introduced prior to his appointment. If the vacancy is a position originally appointed by one of the parties to the controversy, on making such appointment the court shall consider persons recommended by the party originally making the nomination for the position vacated, but the court shall not be bound by any such recommendation.

Source: SL 1976, ch 155, § 14.
S.D. Codified Laws § 21-57-5 — SD Code / Title 21 / Chapter 57 / Section 21-57-5
Notice of dishonor--Information required
Status: in_force

The notice given pursuant to § 21-57-4 shall include the following information regarding the unpaid check, draft, or order:

(1) The date the check, draft, or order was issued;

(2) The name of the bank, depository, person, firm, or corporation on which it was drawn;

(3) The name of the payee;

(4) The face amount;

(5) A statement of total amount claimed, which shall be itemized and may not exceed the amount permitted pursuant to 21-57-1 ;

(6) A statement that the maker has thirty days from the date notice was given to make payment in full of the total amount claimed; and

(7) A statement that, if the total amount is not paid within thirty days after the date notice was given, the maker is liable in a civil action for three times the face amount of the check but not less than one hundred dollars nor greater than two hundred dollars and that, in such civil action, the court may award court costs to the payee, holder, or assignee for collection.

Source: SL 1999, ch 112, § 5.
S.D. Codified Laws § 21-22-23 — SD Code / Title 21 / Chapter 22 / Section 21-22-23
Examination of trustee's reports by court
Status: in_force

No order approving a report or account of the trustee in whole or in part shall be made by the court until it shall have made a detailed examination of the items and satisfied itself sufficiently to render its own judgment thereon, that the report is in all things true and complete, and the acts done have been in compliance with the trust and for the advantage and best interests thereof.

Source: Supreme Court Rule 247, 1939; SDC 1939 & Supp 1960, § 33.2611; SL 1981, ch 168, § 1.
S.D. Codified Laws § 21-36-27 — SD Code / Title 21 / Chapter 36 / Section 21-36-27
Claims to escheated property barred by limitations--Persons under disability
Status: in_force

All persons who fail to appear and file their complaint within the time limited by this chapter are forever barred, saving, however, to infants and persons of unsound mind the right to appear and file their complaint within one year after their respective disabilities cease.

Source: SL 1909, ch 104, § 10; RC 1919, § 3058; SL 1929, ch 119, § 2; Supreme Court Rule 604, 1939; SDC 1939 & Supp 1960, § 37.4208.
S.D. Codified Laws § 21-27-9.1 — SD Code / Title 21 / Chapter 27 / Section 21-27-9.1
Server of writ--Eligibility--Powers--Liability--Manner of service--Persons served
Status: in_force

The writ of habeas corpus may be served by the sheriff, coroner, or any person appointed for that purpose by the court or judge by whom the writ is entered; if served by a person not an officer, he has the same power, and is liable to the same penalty for nonperformance of his duty, as though he were sheriff. Service shall be made by leaving a copy of the order with the person to whom it is directed, or with any of his subordinates who may be at the place where the applicant is detained. If the respondent does not have the applicant imprisoned or restrained in custody, the service may be made upon any person who has the applicant in custody with the same effect as though he had been made a respondent. Concurrent service of the writ of habeas corpus shall be made upon the state's attorney of the county in which the application is made.

Source: SL 1983, ch 169, § 8; SL 1984, ch 161, § 1.
S.D. Codified Laws § 21-68-5 — SD Code / Title 21 / Chapter 68 / Section 21-68-5
Limitation--Actions--Personal protective equipment
Status: in_force

Any person that designs, manufactures, labels, sells, distributes, or donates disinfecting or cleaning supplies, personal protective equipment, or a qualified product in response to COVID-19 is not liable in a civil action alleging personal injury, death, or property damage caused by or resulting from the design, manufacturing, labeling, selling, distributing, or donating of the disinfecting or cleaning supplies, personal protective equipment, or a qualified product.

Any person that designs, manufactures, labels, sells, distributes, or donates disinfecting or cleaning supplies, personal protective equipment, or a qualified product in response to COVID-19 is not liable in a civil action alleging personal injury, death, or property damage caused by or resulting from a failure to provide proper instructions or sufficient warnings.

Source: SL 2021, ch 91, § 5.
S.D. Codified Laws § 21-10-11 — SD Code / Title 21 / Chapter 10 / Section 21-10-11
State's attorney or citizen entitled to maintain action for injunction against house of ill fame
Status: in_force

Whenever a nuisance is kept, maintained, or exists, as defined in § 21-10-10 , the state's attorney or any citizen of the county may maintain an action in equity in the name of the state, upon the relation of such state's attorney or citizen, perpetually to enjoin said nuisance, the person or persons conducting the same, and the owner or agent of the building or ground upon which said nuisance exists.

Source: SL 1913, ch 123, § 2; RC 1919, § 2079; SDC 1939 & Supp 1960, § 37.4802.
S.D. Codified Laws § 21-56-1 — SD Code / Title 21 / Chapter 56 / Section 21-56-1
Time and place of hearing--Fixing by judge or clerk
Status: in_force

Wherever a provision is made in this title for the fixing of a time and place of hearing or the issuance of a notice, a judge or clerk of courts may fix the time and place for the hearing. The notice may be signed by the judge, the clerk of courts, or the attorney for the petitioner.

Source: SL 1982, ch 174, § 1; SL 2006, ch 243, § 8.
S.D. Codified Laws § 21-66-11 — SD Code / Title 21 / Chapter 66 / Section 21-66-11
Sanctions for failure to provide required information
Status: in_force

A plaintiff who fails to provide any information required under this chapter is subject to a sanction as provided in the South Dakota Rules of Civil Procedure and any other relief for a defendant that the court considers just and proper.

Source: SL 2017, ch 94, § 11.
S.D. Codified Laws § 21-65-9 — SD Code / Title 21 / Chapter 65 / Section 21-65-9
Temporary protection order effective until protection order served
Status: in_force

If an ex parte temporary protection order is in effect and the court issues a protection order pursuant to this chapter, the ex parte temporary protection order remains effective until the order issued pursuant to this chapter is served on the respondent.

Source: SL 2016, ch 120, § 11.
S.D. Codified Laws § 21-42-1 — SD Code / Title 21 / Chapter 42 / Section 21-42-1
Tax purchasers entitled to bring action--Purpose of action
Status: in_force

In addition to and not in lieu of the method otherwise provided by the statutes of this state for the taking of tax deeds any purchaser of property at tax sale, or his assigns, including the county where property is bid in by the county treasurer for lack of bidders, desiring a tax deed for any such property or desiring to quiet the title to property already covered by tax deeds may bring an action in the circuit court for the county within which such real property is situated, which said action shall be brought as an action in equity, and except as herein provided, shall be prosecuted the same as in other civil actions.

Source: SL 1941, ch 161, § 1; SL 1943, ch 140; SDC Supp 1960, § 37.16A01.
S.D. Codified Laws § 21-35-13 — SD Code / Title 21 / Chapter 35 / Section 21-35-13
Special term of court for jury trial--Challenge of jurors--Conduct of trial--Default by plaintiff
Status: in_force

At the time and place specified in the order made pursuant to § 21-35-12 , a special term of the court shall be held, at which the proceedings in impanelling the jury, trial and rendering of the verdict or verdicts shall be conducted in the same manner as in civil actions, except that every defendant shall have the same rights and privileges, upon such trial, to challenge jurors and examine and cross - examine witnesses and participate therein, by himself or attorney, as a defendant in a civil action who has appeared and answered. As to all the defendants who appear within the time specified in the summons, the proceeding shall be conducted in like manner, except that three days' notice of the time and place of trial may be given by either party and the case brought on for trial at any regular or special term of court called for such purpose, and on the failure of the plaintiff, after such notice, to proceed with the trial, said petition shall be dismissed as to such defendant, and any lis pendens involving the title of property of such defendant shall be discharged and no other proceeding for the same purpose shall be brought by the plaintiff against such defendant until after the expiration of one year, and then only by leave of the court upon good cause shown and upon the condition that the plaintiff will, in good faith, prosecute such proceeding against such defendant with reasonable diligence.

Source: SL 1891, ch 94, §§ 7, 8; SL 1893, ch 113; RCCivP 1903, §§ 869, 870; SL 1913, ch 169; RC 1919, §§ 2944, 2945; SL 1921, ch 218; SDC 1939 & Supp 1960, § 37.4008.
S.D. Codified Laws § 21-20-1 — SD Code / Title 21 / Chapter 20 / Section 21-20-1
Levy against earnings prohibited within six months after determination of exemption--Change of financial status--Civil penalty for violations
Status: in_force

When garnishment or levy under any judicial process has been used to reach earnings of a party to any action or proceeding to secure or satisfy any claim, and such earnings have been duly determined to be exempt, further earnings of such party shall not, for a period of six months, be garnished or levied upon in connection with such claim, unless with the good faith belief, and with good reason for such belief, that such party's financial status has changed to the extent that property of such party in excess of all his exemptions whatsoever, can be reached to secure or satisfy such claim, wholly or in part. Any person who violates the provisions of this section shall be liable to the party whose earnings are garnished or levied upon in violation of this section, for a penalty of fifty dollars, recoverable in a civil action.

Source: SDC 1939 & Supp 1960, § 37.5001.
S.D. Codified Laws § 21-32-19 — SD Code / Title 21 / Chapter 32 / Section 21-32-19
Payment of certain medical and property damage claims against state--Rules
Status: in_force

The commissioner of human resources and administration may adopt rules pursuant to chapter 1-26 establishing a policy for the payment of, and may pay for, property damage and medical claims made against the state up to an amount of two thousand dollars. Any rules adopted by the commissioner pursuant to §§ 21-32-19 to 21-32-21 , inclusive, shall provide for approval of claims by the attorney general prior to payment, require a release of all claims against the state or any employee or agent thereof arising from the incident, require a written statement of any state employee involved in an incident regarding the facts involved, allow payment only when the settled law of this state would impose liability upon the state or its employee in the absence of governmental or sovereign immunity and provide that any payment be reduced by any amount owed to the state or any of its agencies by the claimant.

Source: SL 1988, ch 183, § 1; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 21-3B-2 — SD Code / Title 21 / Chapter 3B / Section 21-3B-2
Transferee to provide disclosure statement--Information required
Status: in_force

Not less than three days before the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than 14 points, setting forth the following information:

(1) The amounts and due dates of the structured settlement payments to be transferred;

(2) The aggregate amount of such payments;

(3) The discounted present value of the payments to be transferred, which shall be identified as the "calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities" and the amount of the applicable federal rate used in calculating such discounted present value;

(4) The gross advance amount;

(5) An itemized listing of all applicable transfer expenses, other than attorneys' fees and related disbursements payable in connection with the transferee's application for approval of the transfer, and the transferee's best estimate of the amount of any such fees and disbursements;

(6) The net advance amount;

(7) The amount of any penalties or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee; and

(8) A statement that the payee has the right to cancel the transfer agreement, without penalty or further obligation, not later than the third business day after the date the agreement is signed by the payee.

Source: SL 2001, ch 106, § 2.
S.D. Codified Laws § 21-31-10 — SD Code / Title 21 / Chapter 31 / Section 21-31-10
Transmittal of judgment to inferior court or agency
Status: in_force

A copy of the judgment, signed by the clerk, must be transmitted to the inferior court, tribunal, board, or officer, having the custody of the record or proceeding certified up.

Source: CCivP 1877, § 693; CL 1887, § 5515; RCCivP 1903, § 762; RC 1919, § 3004; SDC 1939 & Supp 1960, § 37.0409.
S.D. Codified Laws § 21-53-1 — SD Code / Title 21 / Chapter 53 / Section 21-53-1
Liens subject to foreclosure--Jurisdiction and venue of action
Status: in_force

An action to foreclose a lien on personal property may be maintained by any person having a lien thereon by common law, statute, or contract. The action may be maintained in any court which would have jurisdiction of the amount secured by the lien, and in the county where the personal property or some part thereof is located, or in the county of the residence of the owner of such property.

Source: CCivP 1877, §§ 674, 675; CL 1887, §§ 5496, 5497; RCCivP 1903, §§ 743, 744; RC 1919, §§ 2919, 2920; SDC 1939 & Supp 1960, § 37.3301.
S.D. Codified Laws § 21-44-8 — SD Code / Title 21 / Chapter 44 / Section 21-44-8
Order fixing time and place for hearing on petition--Contents
Status: in_force

Upon the filing of the petition, the court shall enter an order which shall set forth the name of the petitioner, the name of the life tenant, a description of the real estate or personal property involved, the date of the death of the life tenant, as set forth in the petition, and the nature of the right, title, or interest, or lien or encumbrance as to which the petition prays the termination, and the time and place for hearing.

Source: Supreme Court Rule 574, 1939; SDC 1939, § 37.1204; Supreme Court Rule, Order No. 3, 1954; SL 1982, ch 174, § 3.
S.D. Codified Laws § 21-9-8 — SD Code / Title 21 / Chapter 9 / Section 21-9-8
Performance or offer to perform in lieu of signature of written contract
Status: in_force

A party who has signed a written contract may be compelled specifically to perform it, though the other party has not signed it, if the latter has performed, or offers to perform it on his part, and the case is otherwise proper for enforcing specific performance.

Source: CivC 1877, § 1997; CL 1887, § 4630; RCivC 1903, § 2342; RC 1919, § 2013; SDC 1939 & Supp 1960, § 37.4606.
S.D. Codified Laws § 21-18-3 — SD Code / Title 21 / Chapter 18 / Section 21-18-3
Plaintiff's affidavit for garnishment--Contents
Status: in_force

In any action where garnishment is permitted, the plaintiff, or some person on the plaintiff's behalf, may make an affidavit stating that the plaintiff believes that a named person is indebted to, or has property, real or personal, in the person's possession or under the person's control belonging to the defendant, or either or any of the defendants in the action, naming him, and that such defendant has no property in this state other than property subject to garnishment under this chapter sufficient to satisfy the plaintiff's demand, and that the indebtedness or property mentioned in such affidavit is, to the best of the knowledge and belief of the person making such affidavit, not by law exempt, and the amount of the claim sued upon.

Source: SDC 1939, § 37.2802; SL 1939, ch 144; SL 1990, ch 157, § 2; SL 2016, ch 116, § 2.
S.D. Codified Laws § 21-8-15 — SD Code / Title 21 / Chapter 8 / Section 21-8-15
Permanent injunction by judgment or decree in civil action--Procedure
Status: in_force

A permanent injunction is obtained by a judgment or decree in a civil action under the procedure applicable to all civil actions and subject to the limitations of this chapter or other applicable statutes.

Source: SDC 1939 & Supp 1960, § 37.4301; SL 1978, ch 155, § 19.
S.D. Codified Laws § 21-23-6 — SD Code / Title 21 / Chapter 23 / Section 21-23-6
Notice to parties of hearing on application--Manner of service prescribed by court
Status: in_force

The court to which the application for leave to sell property is addressed shall direct such notice to be given as will reasonably notify and inform the interested parties that an application to sell the property is pending. Ordinarily, such notice should be by the service on the interested parties of an appropriate notice of hearing, but where the number of persons beneficially interested is great, or some or all of them cannot conveniently be reached for personal service the court may direct that notice be given by publication in a legal newspaper, or by mailing, either by registered or certified mail, or otherwise, copies of the notice to the interested persons, or by posting copies of the notice at or about the place where the property is situated, the intention of this provision being that the court in its discretion shall prescribe such notice as can be given economically with reasonable likelihood that it will come to the attention of the interested parties.

Source: Supreme Court Order No. 2 (5) adopted October 12, 1944; SDC Supp 1960, § 33.26A05.
S.D. Codified Laws § 21-44-1 — SD Code / Title 21 / Chapter 44 / Section 21-44-1
Definition of terms
Status: in_force

Terms used in this chapter, unless the context otherwise plainly requires, shall mean:

(1) "Life tenant," any person who under the terms of any will, deed, grant, mortgage, assignment, or other instrument holds during his lifetime any right, title, or interest in, or lien or encumbrance upon, real estate or personal property within this state, which right, title, or interest or lien or encumbrance, by the terms of such will, deed, grant, mortgage, assignment, or other instrument, terminates upon and by reason of his death, and by such terms thereupon passes to some other designated person or persons; and including an interest as a joint tenant or joint owner as distinguished from a tenant in common or owner in common of such real estate, or such lien or encumbrance;

(2) "Remainderman," any person or persons to whom by such terms of such will, deed, grant, mortgage, assignment, or other instrument, such right, title, or interest or lien or encumbrance, or any part or portion thereof, passes upon the death of the life tenant, and including a surviving joint tenant or surviving joint owner, and the successor in interest of any of them.

Source: Supreme Court Rule 572, 1939; SDC 1939 & Supp 1960, § 37.1201.
S.D. Codified Laws § 21-17A-21 — SD Code / Title 21 / Chapter 17A / Section 21-17A-21
Contents of notice of motion--Affidavit--Grounds
Status: in_force

The notice of motion shall state the grounds on which the motion is based and shall be accompanied by an affidavit supporting any factual issues raised and points and authorities supporting any legal issues raised. It is not grounds to set aside an order that the plaintiff would not have suffered great or irreparable injury if issuance of the writ had been delayed until the matter could have been heard on notice.

Source: SL 1983, ch 168, § 21.
S.D. Codified Laws § 21-45-22 — SD Code / Title 21 / Chapter 45 / Section 21-45-22
Court action on referees' report--Appointment of new referees
Status: in_force

The court may confirm, change, modify, or set aside the report, and if necessary, appoint new referees.

Source: CCivP 1877, § 562; CL 1887, § 5376; RCCivP 1903, § 601; RC 1919, § 2812; SDC 1939 & Supp 1960, § 37.1416.
S.D. Codified Laws § 21-54-4 — SD Code / Title 21 / Chapter 54 / Section 21-54-4
Affidavit of lien recorded if lien not previously recorded
Status: in_force

If any lien or pledge sought to be foreclosed under this chapter is not duly on file or of record in the office of the register of deeds of the county in which the foreclosure is to be conducted, the person desiring to foreclose such lien must first file in the office of such register of deeds a sworn statement of the lien as required in Title 44 for giving notice of lien claims.

Source: SDC 1939 & Supp 1960, § 37.3402.
S.D. Codified Laws § 21-68-3 — SD Code / Title 21 / Chapter 68 / Section 21-68-3
Limitation--Actions--Owner--Premises
Status: in_force

A person who possesses or is in control of a premises, including a tenant, lessee, or occupant of a premises, who directly or indirectly invites or permits an individual onto a premises, shall not be liable for damages for any injuries sustained from the individual's exposure to COVID-19, whether the exposure occurs on the premises or during any activity managed by the person who possesses or is in control of a premises unless the person who possesses or is in control of the premises intentionally exposes the individual to COVID-19 with the intent to transmit COVID-19. In alleging intentional exposure with the intent to transmit COVID-19, a party must state with particularity the circumstances constituting intentional exposure with the intent to transmit COVID-19 including all duty, breach, and intent elements and establish all elements by clear and convincing evidence.

Source: SL 2021, ch 91, § 3.
S.D. Codified Laws § 21-54-8 — SD Code / Title 21 / Chapter 54 / Section 21-54-8
Time of sale--Adjournment to following day
Status: in_force

Any foreclosure sale under this chapter may be held on any day of the week except Sunday or other legal holiday and shall be held between the hours of ten o'clock in the forenoon and five o'clock in the afternoon, except that when a sale has been commenced and cannot be completed by five o'clock it may be continued for another hour on the same day and if not then completed, adjourned until ten o'clock on the following day, and so continuing until completed.

Source: SDC 1939 & Supp 1960, § 37.3403.
S.D. Codified Laws § 21-46-2 — SD Code / Title 21 / Chapter 46 / Section 21-46-2
Venue of action
Status: in_force

The venue of such action shall be the county in which such property or a part thereof is located.

Source: SL 1953, ch 208, § 2; SDC Supp 1960, § 37.14A01.
S.D. Codified Laws § 21-45-20 — SD Code / Title 21 / Chapter 45 / Section 21-45-20
Report of referees on partition made
Status: in_force

The referees must make a report of their proceedings, specifying therein the manner in which they executed their trust, and describing the property divided and the share allotted to each party, with a particular description of each share.

Source: CCivP 1877, § 561; CL 1887, § 5375; RCCivP 1903, § 600; RC 1919, § 2811; SDC 1939 & Supp 1960, § 37.1414.
S.D. Codified Laws § 21-52-20 — SD Code / Title 21 / Chapter 52 / Section 21-52-20
Amounts payable to junior lien holders
Status: in_force

No person shall be required to pay the amount of a lien junior to his own, but he shall pay to the holder of any junior lien who has made redemption the amount paid by him to make redemption, interest thereon, and any sums advanced by such junior lien holder for the protection of such real property for taxes, insurance, or installments of interest or principal on a prior lien.

Source: SL 1949, ch 142, § 11; SDC Supp 1960, § 37.5611.
S.D. Codified Laws § 21-32-21 — SD Code / Title 21 / Chapter 32 / Section 21-32-21
Effectiveness of §21-32-19
Status: in_force

The provisions of § 21-32-19 and any rules adopted thereunder are not effective while the state participates in the liability coverage program for public entities pursuant to chapter 3-22 or to the extent coverage is afforded under any contract of insurance the state may purchase.

Source: SL 1988, ch 183, § 2.
S.D. Codified Laws § 21-49-35 — SD Code / Title 21 / Chapter 49 / Section 21-49-35
Notice of redemption--Form--Recording
Status: in_force

A written notice of redemption shall be served on the purchaser and the person making the sale by the person seeking to redeem. If such person redeem as holder of a judgment, notice shall be a certified copy thereof. If such person redeem as holder of a mortgage or other lien, notice shall be a certified copy of the record thereof, together with a certified copy of any assignment to establish his claim, and an affidavit showing the amount then actually due on the lien; and at the same time shall pay to the person making the sale the amount prescribed by § 21-49-34 . If such person redeem as a successor in interest of a judgment debtor, notice shall be proof of interest in such property.

A duplicate of the notice of redemption with proof of service shall be forthwith filed for record with the register of deeds of the counties where the property is located.

Source: SL 1977, ch 187, § 24.
S.D. Codified Laws § 21-40-2 — SD Code / Title 21 / Chapter 40 / Section 21-40-2
Action to determine boundaries of tracts dependent on common landmark
Status: in_force

When the boundary lines of two or more tracts depend upon any common point, line, or landmark, an action may be brought by the owner or any person interested in any of such tracts, against the owners or persons interested in the other tracts, to have all of such boundary lines established.

Source: SL 1923, ch 140, § 1; SDC 1939 & Supp 1960, § 37.1301.
S.D. Codified Laws § 21-18-49 — SD Code / Title 21 / Chapter 18 / Section 21-18-49
Costs awarded in garnishment action
Status: in_force

In case of the trial of an issue between the plaintiff and any garnishee, costs are awarded to the plaintiff and against the garnishee in addition to the garnishee's liability if the plaintiff recovers more than the garnishee admitted by the garnishee's answer; and if the plaintiff does not, the garnishee shall recover costs of the plaintiff. In all other cases under this chapter not expressly provided for, the court may award costs in favor of or against any party in its discretion. When no issue is tried the costs of the garnishee action shall be taxed for the plaintiff in the garnishment action.

Source: SL 1909, ch 156, § 21; RC 1919, § 2474; SDC 1939, § 37.2826; SL 1947, ch 174; SL 2016, ch 116, § 16.
S.D. Codified Laws § 21-57-2 — SD Code / Title 21 / Chapter 57 / Section 21-57-2
Final judgment required before liability asserted
Status: in_force

No holder or assignee for collection may assert that any maker, drawer, or issuer has any liability pursuant to § 21-57-1 unless such liability has been determined by entry of a final judgment by a court of competent jurisdiction.

Source: SL 1999, ch 112, § 2.
S.D. Codified Laws § 21-42-18 — SD Code / Title 21 / Chapter 42 / Section 21-42-18
Estate vested in grantee by deed
Status: in_force

A deed issued pursuant to this chapter shall vest in the grantee an absolute estate in fee simple in such real property, subject, however, to all claims which the state may have therein for taxes, liens, or encumbrances.

Source: SL 1941, ch 161, § 10; SL 1943, ch 140; SDC Supp 1960, § 37.16A10.
S.D. Codified Laws § 21-8-1 — SD Code / Title 21 / Chapter 8 / Section 21-8-1
Kinds of injunctive relief
Status: in_force

Relief by injunction is either temporary or permanent. Temporary injunctions may be referred to as interlocutory injunctions, and are either temporary restraining orders or preliminary injunctions. Permanent injunctions may be referred to as final injunctions.

Source: CivC 1877, § 2014; CL 1887, § 4647; RCivC 1903, § 2359; RC 1919, § 2032; SDC 1939 & Supp 1960, § 37.4301; SL 1978, ch 155, § 5.
S.D. Codified Laws § 21-45-43 — SD Code / Title 21 / Chapter 45 / Section 21-45-43
Higher and better bid filed before confirmation of sale
Status: in_force

The making of a higher and better bid subsequent to said sale shall not operate as the filing of an exception to the report of sale.

If a higher and better bid is made and filed at any time before the confirmation of sale, then the procedure shall be as prescribed by § 21-45-44 .

Source: SDC 1939, § 37.1436 as added by SL 1947, ch 169.
S.D. Codified Laws § 21-48-26 — SD Code / Title 21 / Chapter 48 / Section 21-48-26
Validation of sales prior to January 1, 1982--Pending proceedings
Status: in_force

All mortgage foreclosure sales of real property by advertisement under power of sale contained in such mortgages, in which the sheriff's certificate of sale therefor was executed and recorded before January 1, 1992, in the office of the register of deeds of the county, or counties, where the real estate affected thereby is situated, are, notwithstanding any defect or irregularity therein, hereby cured, legalized, and validated.

The provisions of this section do not apply to any action or proceeding involving real property pending on July 1, 1993, or commenced prior to July 1, 1993, if a notice of the pendency of such action or proceeding was recorded prior to July 1, 1993.

If anyone has any right in any real property, or any part thereof, adversely affected by a mortgage foreclosure sale referred to in this section, and no action or proceeding to enforce such right is commenced prior to July 1, 1993, such right shall be forever barred, and no action or proceeding so brought may be of any force or effect, or maintainable in any court of this state, unless prior to July 1, 1993, a notice of the pendency of such action or proceeding was recorded in accordance with the provisions of chapter 15-10 in the office of the register of deeds of the county, or counties, where any real property affected thereby is situated.

Source: SL 1982, ch 175; SL 1992, ch 307, § 14.
S.D. Codified Laws § 21-10-25.1 — SD Code / Title 21 / Chapter 10 / Section 21-10-25.1
Costs assessed against plaintiff in certain agricultural operation nuisance actions
Status: in_force

If an action pursuant to § 21-10-1 is brought against an agricultural operation existing continuously, prior to the action, and which is located within one mile of the boundaries of the land use or occupancy of the plaintiff, and if the court finds there was no reasonable ground or cause for the action, the costs may be assessed to the plaintiff.

Source: SL 1987, ch 161; SDCL § 21-10-25; SL 2023, ch 65, §§ 1, 8.
S.D. Codified Laws § 21-52-28 — SD Code / Title 21 / Chapter 52 / Section 21-52-28
Redemption by cotenant--Other cotenants obligated to contribute
Status: in_force

When title to real property subject to redemption is held by cotenants one or more of such cotenants may redeem, by paying the whole sum required to effect redemption. When redemption is made by one or more cotenants, all other cotenants of the property become obligated to contribute their proportionate shares of the sum paid by the redeeming cotenants, to effect redemption.

Source: SL 1949, ch 142, § 14; SDC Supp 1960, § 37.5614 (1).
S.D. Codified Laws § 21-62-1 — SD Code / Title 21 / Chapter 62 / Section 21-62-1
Prisoner defined
Status: in_force

For the purposes of this chapter, the term, prisoner, means any person incarcerated or detained in any facility who is accused of, convicted of, sentenced for, or adjudicated delinquent for violations of criminal law or the terms of parole, probation, pretrial release, or diversionary program.

Source: SL 2010, ch 112, § 1.
S.D. Codified Laws § 21-34-10 — SD Code / Title 21 / Chapter 34 / Section 21-34-10
Remissions, suspension, and purging of contempt
Status: in_force

An order, judgment, or decree under this chapter may provide for such remissions or suspension of fine and confinement upon performance or purging of the contempt as the court may decide to incorporate therein. Or, the court may make any such remission or suspension thereafter by supplemental order, judgment, or decree as to it may seem warranted.

Source: SDC 1939, § 65.0107.
S.D. Codified Laws § 21-44-3 — SD Code / Title 21 / Chapter 44 / Section 21-44-3
Proceeding for termination of life estate--Contents of verified petition
Status: in_force

Any person who claims that a life tenant is deceased may file in the circuit court for the county in which is situated the real estate or personal property involved or some portion thereof, his duly verified petition setting forth:

(1) A description of the real estate or personal property involved;

(2) A complete identification of the instrument which is the basis of the proceeding, and a statement of the book and place of record thereof within this state;

(3) The fact as to the date and place of death of the life tenant;

(4) The last known post office address of the life tenant;

(5) The names and post office addresses, so far as known to the petitioner, of the surviving heirs or heirs at law of the life tenant;

(6) A statement of the names and addresses of the remaindermen entitled to such property on the expiration of the life estate.

Source: Supreme Court Rule 573, 1939; SDC 1939, § 37.1203; Supreme Court Rule adopted August 10, 1943.
S.D. Codified Laws § 21-27-20 — SD Code / Title 21 / Chapter 27 / Section 21-27-20
Supreme Court order required for admission to bail pending application for writ or pending appellate review
Status: in_force

The prisoner shall not be admitted to bail pending application for the writ of habeas corpus, or pending appellate review of an order refusing the writ, except by order of the Supreme Court or one of the judges thereof.

Source: Supreme Court Rule 623, 1939; SDC 1939 & Supp 1960, § 37.5509 (2).
S.D. Codified Laws § 21-19-10 — SD Code / Title 21 / Chapter 19 / Section 21-19-10
Contents of claim of exemptions--Schedule of property
Status: in_force

The claim of exemptions under § 21-19-9 shall set forth the facts relevant to such claim, and if the claimant does not reside within the county where the levy is made, must show the name and address of a person residing within such county on whom any paper may be served with the same force as if served on the claimant. Such claim shall also set forth a schedule of all of debtor's property of every kind and character, including money on hand, debts due and owing the debtor, earnings of the debtor, property held by others for the debtor's use and benefit, and all of the debtor's property rights of every kind and description with the fair value of every item of property scheduled. Encumbrances, if any, and the amounts thereof shall be disclosed as to each item of property. At the conclusion of such schedule there shall be set forth all items of property claimed as exempt whether or not levy has been made thereon and showing what items are claimed as exempt whether or not levy has been made thereon and showing what items are claimed as absolute exemptions and what items are claimed as additional exemptions.

Source: CCivP 1877, § 326; SL 1885, ch 55, § 1; CL 1887, § 5130; RCCivP 1903, § 355; RC 1919, § 2662; SDC 1939 & Supp 1960, § 37.4903.
S.D. Codified Laws § 21-22-1 — SD Code / Title 21 / Chapter 22 / Section 21-22-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Beneficiary," any person beneficially interested in the trust, as defined in subdivision 55-1-24(1) or who has a direct financial interest in the trust, including a creditor or claimant with any rights or claimed rights against the trust estate if the creditor or claimant demonstrates a previously asserted specific claim against the trust estate;

(2) "Court trust," any trust which is established or confirmed by the judgment, decree, or order of any court of record of this state or any foreign jurisdiction;

(3) "Fiduciary," a trustee, custodian, enforcer, trust advisor, trust protector, or trust committee, as named in the governing instrument or order of court, regardless of whether such person is acting in a fiduciary or nonfiduciary capacity;

(4) "Other trust," any trust which is not a court trust;

(5) "Supervision," the supervision of the circuit court over the administration of a trust as provided in this chapter;

(6) "Trustee," the trustee or trustees of any trust which may be supervised under this chapter.

Source: Supreme Court Rule 237, 1939; SDC 1939 & Supp 1960, § 33.2601; SL 2010, ch 232, § 24; SL 2014, ch 226, § 6; SL 2015, ch 240, § 21; SL 2017, ch 204, § 23; SL 2018, ch 275, § 1.
S.D. Codified Laws § 21-30-2 — SD Code / Title 21 / Chapter 30 / Section 21-30-2
Power to issue writ where ordinary remedy inadequate
Status: in_force

The writ of prohibition may be issued by the Supreme and circuit courts, to an inferior tribunal, or to a corporation, board, or person, in all cases where there is not a plain, speedy, and adequate remedy in the ordinary course of law.

Source: CCivP 1877, § 709; CL 1887, § 5531; RCCivP 1903, § 778; RC 1919, § 3020; SDC 1939 & Supp 1960, § 37.4402.
S.D. Codified Laws § 21-22-16 — SD Code / Title 21 / Chapter 22 / Section 21-22-16
Objections to report of fiduciary or beneficiary--Adjournment of hearing--Order
Status: in_force

If any objection is made to any report or petition filed by a fiduciary or beneficiary, the objection shall be filed in writing and be made at or prior to the hearing on the report or petition. If the initial hearing does not resolve all objections, the court shall adjourn the hearing to a specified time and place to resolve all issues of fact and all issues of law. Following the initial hearing, the court may enter any order it deems appropriate, which order may:

(1) Resolve any issues the court deems proper if all matters included in the petition, which are not objected to at the initial hearing, are approved;

(2) Determine the scope of discovery; and

(3) Set a schedule for further proceedings for the prompt resolution of the matter.

Source: Supreme Court Rule, Part 3, Rule 7, September, 1923; Supreme Court Rule 245, 1939; SDC 1939 & Supp 1960, § 33.2609; SL 2015, ch 240, § 26.
S.D. Codified Laws § 21-41-18 — SD Code / Title 21 / Chapter 41 / Section 21-41-18
Jurisdiction of court to determine rights in decedents' estates
Status: in_force

The court shall have jurisdiction in such action to determine who are the heirs at law, devisees, and legatees of any deceased person who had in his lifetime any interest in or lien or encumbrance on the premises involved between themselves, as well as with respect to the rights of the plaintiff, and to make an adjudication upon the rights of such heirs, devisees and legatees and of all creditors of such deceased persons in and to such premises, which shall be valid and binding upon them and upon all the world, and if such heirs at law, devisees, and legatees of such deceased person and the creditors of such deceased person and the unknown defendants in said action, or any of them, shall fail to appear in such action and set forth and assert their interest in or claim to the premises involved, they shall be by the judgment and decree of the court forever barred and enjoined from thereafter claiming or asserting any title or interest in or lien or encumbrance upon or claim to the premises involved in the action.

Source: SL 1903, ch 194, § 4; SL 1905, ch 81; RC 1919, § 2849; SDC 1939 & Supp 1960, § 37.1508.
S.D. Codified Laws § 21-25B-12 — SD Code / Title 21 / Chapter 25B / Section 21-25B-12
Service of claim on defendant--Defendant's statement submitted to arbitration officer--Copy to claimant
Status: in_force

The arbitration officer shall, within five days of appointment, serve a copy of the written statement of claim upon the defendant or defendants by registered or certified mail. The defendant shall, within twenty days following receipt of a copy of the written statement of the claim, submit a written statement of his own case to the arbitration officer with a copy to the claimant.

Source: SL 1976, ch 155, § 19; SL 1987, ch 29, § 28.
S.D. Codified Laws § 21-65-12 — SD Code / Title 21 / Chapter 65 / Section 21-65-12
Relief available for financial exploitation
Status: in_force

If the court finds that the vulnerable adult has been the victim of financial exploitation, the court may order the relief the court considers necessary to prevent or remedy the financial exploitation, including any of the following:

(1) Directing the respondent to refrain from exercising control over the funds, benefits, property, resources, belongings, or assets of the vulnerable adult;

(2) Requiring the respondent to return custody or control of the funds, benefits, property, resources, belongings, or assets to the vulnerable adult;

(3) Requiring the respondent to follow the instructions of the guardian, conservator, or attorney-in-fact of the vulnerable adult; and

(4) Prohibiting the respondent from transferring the funds, benefits, property, resources, belongings, or assets of the vulnerable adult to any person other than the vulnerable adult.

Source: SL 2016, ch 120, § 14; SL 2020, ch 214, § 49.
S.D. Codified Laws § 21-34-13 — SD Code / Title 21 / Chapter 34 / Section 21-34-13
Appeal to Supreme Court
Status: in_force

From any order, judgment, decree, or other command of the court made pursuant to the jurisdiction or in excess of the jurisdiction given to it by this chapter, an appeal may be taken to the Supreme Court of this state within the time and in the manner provided by law for taking appeals from other orders, judgments, decrees, or commands of a circuit court.

Source: SDC 1939, § 65.0107.
S.D. Codified Laws § 21-28-17 — SD Code / Title 21 / Chapter 28 / Section 21-28-17
Injunction, receivership, and distribution on judgment against corporation
Status: in_force

When such judgment shall be rendered against a corporation, the court has power to restrain the corporation, to appoint a receiver of its property, and to take an account and make distribution thereof among its creditors; and the state's attorney must, immediately after the rendition of such judgment, institute proceedings for that purpose.

Source: CCivP 1877, § 545; CL 1887, § 5359; RCCivP 1903, § 584; RC 1919, § 2795; SDC 1939 & Supp 1960, § 37.0506.
S.D. Codified Laws § 21-28-18 — SD Code / Title 21 / Chapter 28 / Section 21-28-18
Recording by secretary of state of judgment against corporation
Status: in_force

Upon the rendition of such judgment against a corporation, the state's attorney must cause a copy of the judgment to be forthwith filed in the Office of the Secretary of State, whose duty it shall be to record the same.

Source: CCivP 1877, § 546; CL 1887, § 5360; RCCivP 1903, § 585; RC 1919, § 2796; SDC 1939 & Supp 1960, § 37.0507.
S.D. Codified Laws § 21-49-25 — SD Code / Title 21 / Chapter 49 / Section 21-49-25
Notice of sale--Contents
Status: in_force

Notice of the sale of such mortgaged property shall be given by publishing it at least once a week for at least two successive weeks in a legal newspaper of general circulation in each of the counties where the property is located. Each notice shall specify:

(1) The name of the mortgagor, and any assignee;

(2) The amount claimed to be due;

(3) The date of the mortgage;

(4) A description of the property, as described in the mortgage;

(5) The time, manner and place of sale, as directed by the court; and

(6) Any other matter as ordered by the court.

Source: SL 1977, ch 187, § 15.
S.D. Codified Laws § 21-45-53 — SD Code / Title 21 / Chapter 45 / Section 21-45-53
Compensation of tenant for life or years--Consent or adjudication of amount payable--Protection of unknown tenant
Status: in_force

The person entitled to a tenancy for life or years, whose estate has been sold, is entitled to receive such sum as may be deemed a reasonable satisfaction for such estate, and which the person so entitled may consent to accept instead thereof, by an instrument in writing, filed with the clerk of courts. Upon the filing of such consent, the clerk must enter the same in the minutes of the court. If such consent be not given, filed, and entered at or before the time a judgment of sale is rendered, the court must ascertain and determine what proportion of the proceeds of the sale, after deducting expenses, will be a just and reasonable sum to be allowed on account of such estate, and must order the same to be paid to such party, or deposited in court for him, as the case may require. If the person entitled to such estate for life or years be unknown, the court must provide for the protection of his rights in the same manner, as far as may be, as if he were known and had appeared.

Source: CCivP 1877, §§ 574 to 576; CL 1887, §§ 5388 to 5390; RCCivP 1903, §§ 613 to 615; RC 1919, §§ 2824 to 2826; SDC 1939 & Supp 1960, § 37.1422.
S.D. Codified Laws § 21-3A-1.2 — SD Code / Title 21 / Chapter 3A / Section 21-3A-1.2
Applicability of chapter
Status: in_force

The provisions of this chapter apply only to any action against a physician, surgeon, dentist, hospital, sanitarium, registered nurse, licensed practical nurse, chiropractor, or other practitioner of the healing arts for malpractice, error, mistake or failure to cure, whether based upon contract or tort, and to the professional corporation or corporations of any such practitioner of the healing arts.

Source: SL 1986, ch 163, § 16, as added by SL 1988, ch 181, § 6.
S.D. Codified Laws § 21-63-6 — SD Code / Title 21 / Chapter 63 / Section 21-63-6
Product in compliance with legislative or administrative regulatory safety standards
Status: in_force

If the injury-causing aspect of the aviation product was, at the time of manufacture, in compliance with legislative or administrative regulatory safety standards relating to design or performance, the aviation product is deemed not defective by reason of design or performance. If the standard addressed warnings or instructions, the aviation product is deemed not defective by reason of warnings or instructions.

Source: SL 2011, ch 113, § 6.
S.D. Codified Laws § 21-40-6 — SD Code / Title 21 / Chapter 40 / Section 21-40-6
Judgment to refer to permanent landmarks--Survey--Specifications for judicial landmark
Status: in_force

Upon the trial of an action under this chapter, the court shall make its judgment locating and defining the boundary lines involved by reference to well-known, permanent landmarks, if any there be, or if none, then to such landmarks as may be placed or established for that purpose by the surveyor engaged in such work, and if it shall be deemed for the interest of the parties after the entry of judgment, the court may order a registered land surveyor to establish and mark such boundaries. Such landmarks so established, located, and placed in the earth shall have distinctly marked thereon the words, judicial landmark or J. L., with the date that it was so placed and the name or initial letters of the name and the registration number of the surveyor who placed the landmark.

Source: SL 1923, ch 140, § 3; SDC 1939 & Supp 1960, § 37.1303; SL 2011, ch 70, § 2.
S.D. Codified Laws § 21-10-15 — SD Code / Title 21 / Chapter 10 / Section 21-10-15
Action against house of ill fame triable at first term of court--Evidence of reputation admissible
Status: in_force

An action pursuant to § 21-10-11 when brought shall be triable at the first term of court after due and timely service of the notice has been given, and in such action evidence of the general reputation of the place shall be admissible for the purpose of proving the existence of such nuisance.

Source: SL 1913, ch 123, § 3; RC 1919, § 2080; SDC 1939 & Supp 1960, § 37.4803.
S.D. Codified Laws § 21-18-17 — SD Code / Title 21 / Chapter 18 / Section 21-18-17
Judgment not rendered on carrier's liability for property in interstate commerce
Status: in_force

No judgment shall be rendered upon a liability of the garnishee arising by reason of any property in the possession of any common carrier when such property was at the time of service of the garnishee summons and affidavit actually in transit in interstate commerce, provided that such transit in interstate commerce shall not be deemed to have commenced until property has actually left the initial billing station.

Source: SL 1925, ch 183; SDC 1939 & Supp 1960, § 37.2819 (6).
S.D. Codified Laws § 21-15-12 — SD Code / Title 21 / Chapter 15 / Section 21-15-12
Defendant's undertaking or deposit to retain possession--Terms
Status: in_force

At any time before delivery of the property to the plaintiff, the defendant may, if he does not except to the sureties of the plaintiff, require the return thereof, upon giving to the sheriff a written undertaking, or receipt for cash deposit, as in this chapter provided, in amount and sufficiency as required on the undertaking of the plaintiff for the immediate delivery, and securing the plaintiff for delivery of the property if such delivery be adjudged and for the payment to the plaintiff of such sum as may for any cause be recovered against the defendant.

Source: CCivP 1877, § 181; CL 1887, § 4977; RCCivP 1903, § 189; RC 1919, § 2416; SDC 1939 & Supp 1960, § 37.3806.
S.D. Codified Laws § 21-32A-2 — SD Code / Title 21 / Chapter 32A / Section 21-32A-2
Immunity of employees, officers, or agents--Affirmative defense
Status: in_force

Except insofar as a public entity, including the state, participates in a risk sharing pool or insurance is purchased pursuant to § 21-32A-1 , any employee, officer, or agent of the public entity, including the state, while acting within the scope of his employment or agency, whether such acts are ministerial or discretionary, is immune from suit or liability for damages brought against him in either his individual or official capacity. The immunity recognized herein may be raised by way of affirmative defense.

Source: SL 1986, ch 175, § 2; SL 1987, ch 163, § 2; SL 1991, ch 184.
S.D. Codified Laws § 21-64-2 — SD Code / Title 21 / Chapter 64 / Section 21-64-2
Use of personality's right of publicity for commercial purpose without consent prohibited
Status: in_force

No person may use any aspect of a personality's right of publicity for a commercial purpose during the personality's lifetime or for seventy years after the death of the personality without the express written consent of the personality, or if the personality is deceased without the express written consent of the personality's next of kin or other person or entity that owns the right of publicity.

Source: SL 2015, ch 126, § 2.
S.D. Codified Laws § 21-46-1 — SD Code / Title 21 / Chapter 46 / Section 21-46-1
Property subject to partition or sale--Persons entitled to bring action
Status: in_force

When several persons hold and are in possession of personal property as partners, joint tenants, or tenants in common, in which one or more of them have an estate of inheritance or for life or lives or for years, an action may be brought by one or more of such persons for a partition thereof according to the respective rights of the persons interested therein and for a sale of such property or a part thereof, if it appears that a partition cannot be made without great prejudice to the owners.

Source: SL 1953, ch 208, § 1; SDC Supp 1960, § 37.14A01.
S.D. Codified Laws § 21-10-29 — SD Code / Title 21 / Chapter 10 / Section 21-10-29
Injunction not available to certain adversely affected property owners
Status: in_force

The use or operation of a sport shooting range may not be enjoined as a nuisance by a person who acquires title to real property adversely affected by the normal operation and use of a sport shooting range which commenced operation prior to the time the person acquired title.

Source: SL 1999, ch 113, § 2.
S.D. Codified Laws § 21-21-5 — SD Code / Title 21 / Chapter 21 / Section 21-21-5
Receivership under usages of equity
Status: in_force

A receiver may be appointed by the court in which an action is pending, or by the judge thereof, in all other cases where receivers have heretofore been appointed by the usages of courts of equity.

Source: CCivP 1877, § 219, subdiv 6; CL 1887, § 5015, subdiv 6; RCCivP 1903, § 227, subdiv 6; RC 1919, § 2475 (6); SDC 1939 & Supp 1960, § 37.2601 (6).
S.D. Codified Laws § 21-45-27 — SD Code / Title 21 / Chapter 45 / Section 21-45-27
Lien on undivided interest chargeable to share allocated--Partition costs preferred
Status: in_force

When a lien is on an undivided interest or estate of any of the parties, such lien, if a partition be made, shall thenceforth be a charge only on the share assigned to such party; but such share must first be charged with its just proportion of the costs of the partition, in preference to such lien.

Source: CCivP 1877, § 565; CL 1887, § 5379; RCCivP 1903, § 604; RC 1919, § 2815; SDC 1939 & Supp 1960, § 37.1428.
S.D. Codified Laws § 21-28-12 — SD Code / Title 21 / Chapter 28 / Section 21-28-12
Action to vacate corporate charter or articles--Persons entitled to bring action--Grounds
Status: in_force

An action may be brought by any state's attorney in the name of the state or by any person who has a special interest in the action, on leave granted by the circuit court or judge thereof, for the purpose of vacating the charter or articles of incorporation, or for annulling the existence of corporations other than municipal, whenever such corporation shall:

(1) Offend against any of the laws creating, altering, or renewing such corporation;

(2) Violate the provisions of any law, by which such corporation shall have forfeited its charter or articles of incorporation by abuse of its power;

(3) Have forfeited its privileges of franchises by a failure to exercise its powers;

(4) Have done or omitted any act which amounts to a surrender of its corporate rights, privileges, and franchises;

(5) Exercise a franchise or privilege not conferred upon it by law.

Source: CCivP 1877, § 532; CL 1887, § 5346; RCCivP 1903, § 571; RC 1919, § 2782; SL 1919, ch 289, § 2; SDC 1939 & Supp 1960, § 37.0502.
S.D. Codified Laws § 21-44-2 — SD Code / Title 21 / Chapter 44 / Section 21-44-2
Recording death certificate--Prima facie evidence--Affidavit identifying property
Status: in_force

In all cases of joint tenancy in lands or personal property, and in all cases where any estate, title or interest in, or lien upon, lands or personal property has been or may be created, which estate, title, interest, or lien was or is to continue only during the life of any person named or described in the instrument by which such estate, title, interest or lien was created, a copy of the record of the death of any such joint tenant or of the person upon whose life such estate, title, interest, or lien was or is limited, duly certified by any officer who is required by the laws of the state or county in which such record is made, to keep a record of the death of persons occurring within the jurisdiction of such officer, may be recorded in the office of the register of deeds of the county in which such lands are situated or in the proper office for filing as to such personal property. The record of such certified copy is prima facie evidence of the death of such person and the termination of such joint tenancy and of all such estate, title, interest, and lien as was or is limited upon the life of such person. In order to identify the property affected by the death of such person, the person causing the certificate to be recorded shall attach thereon an affidavit setting out the legal descriptions of the property involved.

This section shall not be treated or construed as exclusive of any other remedy authorized by law or rule of court but as cumulative to such other remedy.

Source: SL 1957, ch 198; SDC Supp 1960, § 37.1214; SL 2001, ch 109, § 1; SL 2021, ch 34, § 3.
S.D. Codified Laws § 21-25A-29 — SD Code / Title 21 / Chapter 25A / Section 21-25A-29
Alternative application to modify, correct, or vacate
Status: in_force

An application to modify or correct an award may be joined in the alternative with an application to vacate the award.

Source: SL 1971, ch 157, § 14.
S.D. Codified Laws § 21-48-25 — SD Code / Title 21 / Chapter 48 / Section 21-48-25
Interest vested in purchaser by recording of instruments
Status: in_force

A record of the instruments described in § 21-48-23 and the deed executed upon the sale of the real property, shall vest in the purchaser or person acquiring title thereto by redemption or otherwise, the same interest as a deed upon foreclosure of a real estate mortgage by action in court.

Source: CCivP 1877, § 614; CL 1887, § 5428; RCCivP 1903, § 653; RC 1919, § 2894; SDC 1939, § 37.3012; SL 1949, ch 141, § 2; SL 1957, ch 197; SL 1967, ch 151.
S.D. Codified Laws § 21-19-25 — SD Code / Title 21 / Chapter 19 / Section 21-19-25
Amendment of papers filed
Status: in_force

At any time prior to final determination of any claim of exemptions, the court may, for good cause shown, allow amendments to any papers filed.

Source: SDC 1939 & Supp 1960, § 37.4911.
S.D. Codified Laws § 21-36-7 — SD Code / Title 21 / Chapter 36 / Section 21-36-7
Complaint filed to bring action--Parties defendant
Status: in_force

An action for the recovery of escheated property or its reduction into the possession of the state shall be brought in the name of the state as plaintiff, entitled in the court in which the action is brought, by filing a complaint in which all parties in possession of said property or any part thereof and all adverse claimants thereto, if known, and all persons having or claiming to have any interest therein shall be named as defendants.

Source: SL 1909, ch 104, § 4; RC 1919, § 3052; SDC 1939 & Supp 1960, § 37.4203.
S.D. Codified Laws § 21-40-3 — SD Code / Title 21 / Chapter 40 / Section 21-40-3
Addition of parties defendant for more complete settlement
Status: in_force

When in any action under this chapter it appears to the court that any owner, lien holder, or person interested in any of the tracts involved ought, for a full settlement and adjudication of all the questions involved, to be made a party, the court shall stay the proceedings in said action and order that they be made parties defendant and be served with the summons therein.

Source: SL 1923, ch 140, § 2; Supreme Court Rule 577, 1939; SDC 1939 & Supp 1960, § 37.1302.
S.D. Codified Laws § 21-51-3 — SD Code / Title 21 / Chapter 51 / Section 21-51-3
Petition or complaint for discharge of record--Contents and allegations required
Status: in_force

Any person having an interest in or lien or encumbrance upon any property described in any instrument referred to in §§ 21-51-1 and 21-51-2 may present his application, petition, or complaint to the circuit court for the county in which the property involved or any part thereof is situated, setting forth sufficient facts to show that the instrument or record thereof is subject to the provisions of this chapter together with such other facts, exhibits, or statements as the party in interest may desire to submit. The application, petition, or complaint shall identify the instrument or record sought to be discharged by naming the parties thereto, description of the property involved, date of the instrument, and book and page of record, if any.

Source: SL 1901, ch 108; RCCivP 1903, § 880; SL 1913, ch 272, § 1; RC 1919, § 3046; SL 1920 (SS), ch 67, § 2; Supreme Court Rule 564, 1939; SDC 1939, § 37.0903; Supreme Court Rule adopted October 20, 1947.
S.D. Codified Laws § 21-24-4 — SD Code / Title 21 / Chapter 24 / Section 21-24-4
Contract construed before or after breach
Status: in_force

A contract may be construed either before or after there has been a breach thereof.

Source: SL 1925, ch 214, § 3; SDC 1939 & Supp 1960, § 37.0103.
S.D. Codified Laws § 21-47-10 — SD Code / Title 21 / Chapter 47 / Section 21-47-10
Stay of further proceedings on payment before sale of installments then due--Enforcement of judgment on subsequent default
Status: in_force

If any time before sale, the defendant shall bring into court the principal and interest due, with costs, the proceedings in the foreclosure action shall be stayed until a further default, and in case of a subsequent default in the judgment of any of the installments, or any part thereof, of such mortgage, the court may enforce by order or other process the collection of such subsequent installment.

Source: CCivP 1877, § 627; CL 1887, § 5441; RCCivP 1903, § 667; RC 1919, § 2907; SDC 1939 & Supp 1960, § 37.2908.
S.D. Codified Laws § 21-63-10 — SD Code / Title 21 / Chapter 63 / Section 21-63-10
Duty to warn or instruct
Status: in_force

In any aviation product liability claim, any duty on the part of the aviation product seller to warn or protect against a danger or hazard which could or did arise in the use or misuse of such aviation product and any duty to have properly instructed in the use of such aviation product, does not extend:

(1) To any warning protecting against or instructing with regard to those safeguards, precautions, and actions which a reasonable user or consumer of the aviation product, with the training, experience, education, and any special knowledge the user or consumer did, should, or was required to possess, could and should have taken for such user or consumer or others, under all the facts and circumstances;

(2) To any situation where the safeguards, precautions, and actions could or should have been taken by a reasonable user or consumer of the aviation product similarly situated exercising reasonable care, caution, and procedure; or

(3) To any warnings protecting against or instructing with regard to dangers, hazards, or risks which are patent, open, or obvious and which should have been realized by a reasonable user or consumer of the aviation product.

Source: SL 2011, ch 113, § 10.
S.D. Codified Laws § 21-22-19 — SD Code / Title 21 / Chapter 22 / Section 21-22-19
Publication of notice in lieu of personal service
Status: in_force

When the number of persons to be served is large and the expense of service provided by § 21-22-18 would be burdensome, the court may, if it deems advisable, order, in lieu of service as provided in § 21-22-18 , that such notice be published once each week for three successive weeks in a legal newspaper of the county prior to such hearing.

Source: Supreme Court Rule 246, 1939; SDC 1939, § 33.2610; Supreme Court Rule adopted November 4, 1941; Supreme Court Rule adopted October 14, 1957.
S.D. Codified Laws § 21-45-48 — SD Code / Title 21 / Chapter 45 / Section 21-45-48
Recording of conveyance--Persons barred by recorded conveyance
Status: in_force

The conveyance must be recorded in the county where the premises are situated, and shall be a bar against all persons interested in the property in any way, who shall have been named as parties in the action; and against all such parties and persons as were unknown if the summons was served by publication, and against all persons claiming under them or either of them and against all persons having unrecorded deeds or liens, at the commencement of the action.

Source: CCivP 1877, § 583; CL 1887, § 5397; RCCivP 1903, § 622; RC 1919, § 2833; SDC 1939 & Supp 1960, § 37.1438.
S.D. Codified Laws § 21-3A-9 — SD Code / Title 21 / Chapter 3A / Section 21-3A-9
Discount factor
Status: in_force

If future damages are determined in accordance with § 21-3A-4 but are ordered to be paid in advance of the period to which they apply, or base figures are required under § 21-3A-6 , the court shall apply a discount factor of three percent, compounded annually.

Source: SL 1986, ch 163, § 9.
S.D. Codified Laws § 21-21-8 — SD Code / Title 21 / Chapter 21 / Section 21-21-8
Oath and undertaking of receiver
Status: in_force

Before entering upon his duties the receiver must be sworn to perform them faithfully, and, with one or more sureties, approved by the court or judge, execute an undertaking to such person and in such sum as the court or judge may direct, to the effect that he will faithfully discharge the duties of receiver in the action, and obey the orders of the court therein.

Source: CCivP 1877, § 222; CL 1887, § 5018; RCCivP 1903, § 230; RC 1919, § 2478; SDC 1939 & Supp 1960, § 37.2603.
S.D. Codified Laws § 21-16-1 — SD Code / Title 21 / Chapter 16 / Section 21-16-1
Grounds for maintenance of action
Status: in_force

An action of forcible entry and detainer, or of detainer only, is maintainable:

(1) If a party has by force, intimidation, fraud, or stealth, entered upon the prior actual possession of real property or the occupied structure of another, and detains the same;

(2) If a party, after entering peaceably upon real property or an occupied structure, turns out by force, threats, or menacing conduct, the party in possession;

(3) If a party by force or by menaces and threats of violence unlawfully holds and keeps the possession of any real property, or occupied structure, whether the same was acquired peaceably or otherwise;

(4) If a lessee in person or by subtenants holds over after the termination of his lease or expiration of his term, or fails to pay his rent for three days after the same shall be due;

(5) If a party continues in possession after a sale of the real property or occupied structure under mortgage, execution, order, or any judicial process, after the expiration of the time fixed by law for redemption, and after the execution and delivery of a deed or instrument of ownership;

(6) If a party continues in possession after a judgment in partition, or after a sale under an order or decree of a circuit court;

(7) If a lessee commits waste upon the leased premises, or does or fails to perform any act which, under the terms of the lease operates to terminate the same.

The term, occupied structure, used in this chapter is defined in subdivision 22-1-2(28).

Source: SDC 1939 & Supp 1960, § 37.3902; SL 1992, ch 156, § 1.
S.D. Codified Laws § 21-15-3 — SD Code / Title 21 / Chapter 15 / Section 21-15-3
Order to defendant to show cause against delivery of property to plaintiff--Procedure in hearing
Status: in_force

Upon filing the summons and complaint, and the affidavit pursuant to § 21-15-2 , the judge of the court having jurisdiction shall by order, require cause to be shown at a specified time and place, after reasonable notice to the defendant, why the plaintiff should not have delivery of the property claimed. Except as inconsistent with the provisions of this chapter, chapter 15-6 shall apply to the conduct of the hearing.

Source: CCivP 1877, § 178; CL 1887, § 4974; RCCivP 1903, § 186; RC 1919, § 2413; Supreme Court Rule 594, 1939; SDC 1939 & Supp 1960, § 37.3802; SL 1973, ch 145, § 1.
S.D. Codified Laws § 21-15-16 — SD Code / Title 21 / Chapter 15 / Section 21-15-16
Sheriff's report of proceedings--Papers attached--Contempt and amercement or civil action for failure or neglect
Status: in_force

Within twenty days after taking the property, the sheriff shall make a verified report of his proceedings in taking and disposing of it, and file the same together with the original affidavit, order authorizing delivery, undertaking, or receipt, and a copy of his notice of levy, with the clerk of the court in which the action is pending.

The failure or neglect of the sheriff to make such verified report of his proceedings and file the same in the office of the clerk with the other documents above specified in the manner and within the time above required shall not however void his proceedings under the affidavit and endorsement but shall render him liable to punishment by the court as for contempt and liable by amercement or civil action to any person thereby injured in like manner as is provided with reference to writs, warrants and executions by § 15-18-44 .

Source: CCivP 1877, § 187; CL 1887, § 4983; RCCivP 1903, § 195; RC 1919, § 2422; Supreme Court Rule 595, 1939; SDC 1939, § 37.3808; SL 1951, ch 196; SL 1973, ch 145, § 3.
S.D. Codified Laws § 21-63-2 — SD Code / Title 21 / Chapter 63 / Section 21-63-2
No product liability beyond useful safe life
Status: in_force

Except as provided in § 21-63-4 , no aviation product seller is liable in an aviation product liability claim if the product seller proves by a preponderance of the evidence that the harm was caused after the aviation product's useful safe life had expired. Useful safe life begins at the time of delivery of the aviation product and extends for the time during which the product would normally perform.

Source: SL 2011, ch 113, § 2.
S.D. Codified Laws § 21-35-23 — SD Code / Title 21 / Chapter 35 / Section 21-35-23
Allowance of expenses where judgment greatly exceeds offer
Status: in_force

If the amount of compensation awarded to the defendant by final judgment in proceedings pursuant to this chapter is twenty percent greater than the plaintiff's final offer which shall be filed with the court having jurisdiction over the action at the time trial is commenced, and if that total award exceeds seven hundred dollars, the court shall, in addition to such taxable costs as are allowed by law, allow reasonable attorney fees and compensation for not more than two expert witnesses, all as determined by the court.

Source: SL 1983, ch 170, § 2.
S.D. Codified Laws § 21-32-6 — SD Code / Title 21 / Chapter 32 / Section 21-32-6
Evidence received at hearing on claim--Adjournment of hearing
Status: in_force

At such hearing the commissioner shall hear and consider evidence in support or in opposition to such claim. The testimony presented at such hearing shall be under oath and such hearing may be adjourned from time to time as the commissioner may deem necessary to afford the persons interested a full opportunity to present all of the necessary, relevant, and pertinent facts in connection with the merits of such claim in conformity with the rules of evidence in civil proceedings.

Source: SL 1947, ch 156, § 5; SDC Supp 1960, § 33.4305.
S.D. Codified Laws § 21-17A-12 — SD Code / Title 21 / Chapter 17A / Section 21-17A-12
Real property attached by filing
Status: in_force

To attach real estate, the sheriff or constable shall file, in the office of the register of deeds, a copy of the writ with his certificate that by virtue of the original writ he has attached all the interest of the named defendant in such real estate, describing the property.

Source: SL 1983, ch 168, § 12.
S.D. Codified Laws § 21-29-7 — SD Code / Title 21 / Chapter 29 / Section 21-29-7
Answer to show cause against writ
Status: in_force

On the return of the alternative writ of mandamus, or the day on which the application for the writ is noticed, the party on whom the writ or notice has been served may show cause by answer, under oath, made in the same manner as an answer to a complaint in a civil action.

Source: CCivP 1877, § 699; CL 1887, § 5521; RCCivP 1903, § 768; RC 1919, § 3010; Supreme Court Rule 612, 1939; SDC 1939 & Supp 1960, § 37.4505.
S.D. Codified Laws § 21-38-11 — SD Code / Title 21 / Chapter 38 / Section 21-38-11
Findings and judgment on restoration of record
Status: in_force

If the application is contested the court shall make findings, conclusions, and judgment as in any civil action tried to the court. If there is no contest the court shall by its judgment establish the instrument or record or the parts thereof in accordance with the application and the proof adduced and the instrument or record as so established shall be incorporated in the judgment as a part thereof or as an exhibit thereto, and thereafter the same shall be of the same legal force and effect as the original instrument or record.

Source: SL 1893, ch 142, § 1; RCCivP 1903, § 879; SL 1903, ch 193; RC 1919, §§ 3047, 3048; SDC 1939 & Supp 1960, § 37.1106.
S.D. Codified Laws § 21-18-16 — SD Code / Title 21 / Chapter 18 / Section 21-18-16
Judgment not rendered on foreign corporation's liability paid by negotiable instrument
Status: in_force

No judgment shall be rendered upon a liability of the garnishee arising by reason of any money or indebtedness due and owing to the principal defendant from a foreign corporation, which such corporation shall have paid, or for which it shall have issued its negotiable check, draft, or bill of exchange, prior to actual notice to said corporation of service of summons in garnishment.

Source: SL 1925, ch 183; SDC 1939 & Supp 1960, § 37.2819 (5).
S.D. Codified Laws § 21-35-29 — SD Code / Title 21 / Chapter 35 / Section 21-35-29
Deposit with court required
Status: in_force

If the petitioner elects to utilize the procedures set forth in §§ 21-35-24 to 21-35-28 , inclusive, for possession of property, the petitioner shall deposit with the court the money required by § 21-35-25 as a condition to the exercise of such power. In that case, the court and the attorneys shall expedite the proceedings for the distribution of the money so deposited and for the ascertainment and payment of just compensation. However, the defendant may demand a hearing on the petitioner's right to take as provided in § 21-35-10.1 .

Source: SL 1983, ch 171, § 6.
S.D. Codified Laws § 21-38-10 — SD Code / Title 21 / Chapter 38 / Section 21-38-10
Hearing on restoration of record--Proof required
Status: in_force

At the time and place fixed in the notice, the court shall first require proof of the giving of the notice in accordance with its order and a showing of any appearances or protestations or objections, if any, which have been made. The court shall then proceed to hear the proof of the applicant which may be by testimony or affidavit, certificate, or other methods of proof permitted in this title, and the court shall likewise hear any interested persons in opposition to the application.

Source: SL 1893, ch 142, § 1; RCCivP 1903, § 879; SL 1903, ch 193; RC 1919, §§ 3047, 3048; Supreme Court Rule 571, 1939; SDC 1939 & Supp 1960, § 37.1105.
S.D. Codified Laws § 21-45-50 — SD Code / Title 21 / Chapter 45 / Section 21-45-50
Continuation of action between parties when proceeds of sale paid into court--Hearing of further testimony
Status: in_force

When the proceeds of the sale of any share or parcel belonging to persons who are parties to the action, and who are known, are paid into court, the action may be continued as between such parties, for the determination of their respective claims thereto, which must be ascertained and adjudged by the court. Further testimony may be taken in court, or by a referee, in the discretion of the court, and the court may, if necessary, require such parties to present the facts or law in controversy by pleadings as in an original action.

Source: CCivP 1877, § 570; CL 1887, § 5384; RCCivP 1903, § 609; RC 1919, § 2820; SDC 1939 & Supp 1960, § 37.1421.
S.D. Codified Laws § 21-44-20 — SD Code / Title 21 / Chapter 44 / Section 21-44-20
Validation of prior proceedings as to personal property
Status: in_force

All proceedings had prior to July 1, 1957, for the termination of life estates in personal property pursuant to the provisions of this chapter, where such proceedings evidence a compliance with such chapter in every respect except that where real property is indicated therein reference is made to such personal property, or to both real and personal property upon a consolidation of proceedings, are hereby legalized, cured and validated, and all such life estates are deemed to be and are terminated.

Source: SL 1957, ch 504; SDC Supp 1960, § 65.0336.
S.D. Codified Laws § 21-47-4 — SD Code / Title 21 / Chapter 47 / Section 21-47-4
Previous actions for collection of debt to be disclosed by complaint
Status: in_force

In an action for the foreclosure or satisfaction of a mortgage, the complaint shall state whether any proceedings have been had at law or otherwise for the recovery of the debt secured by such mortgage or any part thereof; and if there has, whether any and what part thereof has been collected.

Source: CCivP 1877, § 620; CL 1887, § 5434; RCCivP 1903, § 659; RC 1919, § 2901; Supreme Court Rule 591, 1939; SDC 1939 & Supp 1960, § 37.2903.
S.D. Codified Laws § 21-37-10 — SD Code / Title 21 / Chapter 37 / Section 21-37-10
Judgment for costs against petitioner
Status: in_force

All proceedings under this chapter shall be at the cost of the petitioner and judgment may be entered against him for costs as in other civil actions.

Source: CCivP 1877, § 737; CL 1887, § 5559; RCCivP 1903, § 806; RC 1919, § 3045; SDC 1939 & Supp 1960, § 37.1001.
S.D. Codified Laws § 21-22-12 — SD Code / Title 21 / Chapter 22 / Section 21-22-12
Vacancy of office of trustee--Successor--Temporary trustee--Resigned trustee
Status: in_force

In case of the vacancy of the office of trustee, unless the instrument creating the trust names the successor, or allows the resigning trustee or another person to appoint its successor, the successor shall be appointed by the court upon hearing and notice as provided in this chapter. In case of necessity the court may appoint a temporary trustee pending a permanent appointment.

If the office of trustee remains vacant for more than thirty days, then any resigned trustee in possession of trust property may petition the court for the appointment of a successor trustee. If no successor trustee can be secured within ninety days following a hearing held of the resigned trustee's petition, the resigned trustee shall deliver the trust property within its possession to any other fiduciary or other persons, as ordered by the court.

The resigned trustee shall be held harmless from any liability, absent the resigned trustee's gross negligence or willful misconduct, for any action taken pursuant to this section.

The resigned trustee is entitled to reimbursement for advances it has made on behalf of the trust and for reasonable compensation for the performance of its duties as trustee. Such advances and compensation shall act as a lien on trust assets under § 55-1A-34 .

Following a trustee's resignation, the resigned trustee shall be deemed to be serving only as a custodian of the documents and assets of the trust then in its possession and shall be relieved of its fiduciary and administrative duties under the terms of the trust instrument and pursuant to state law. The resigned trustee is entitled to reimbursement for advances it has made on behalf of the trust and for reasonable compensation as a custodian. Such advances and compensation shall act as a lien on trust assets under § 55-1A-34 .

The relief afforded to the trustee under this section does not limit other relief that may be requested or authorized under this chapter.

Source: Supreme Court Rule, Part 3, Rule 10, September, 1923; Supreme Court Rule 249, 1939; SDC 1939 & Supp 1960, § 33.2613; SL 2019, ch 209, § 3.
S.D. Codified Laws § 21-1-10 — SD Code / Title 21 / Chapter 1 / Section 21-1-10
Damages awarded for detriment after commencement of action
Status: in_force

Damages may be awarded in a judicial proceeding for detriment resulting after the commencement thereof, or certain to result in the future.

Source: CivC 1877, § 1942; CL 1887, § 4576; RCivC 1903, § 2288; RC 1919, § 1961; SDC 1939 & Supp 1960, § 37.1702.
S.D. Codified Laws § 21-45-3 — SD Code / Title 21 / Chapter 45 / Section 21-45-3
Persons to whom summons directed--General direction to unknown persons
Status: in_force

The summons in an action brought pursuant to § 21-45-1 must be directed to all the joint tenants and tenants in common, and all persons having an interest in, or any lien of record by mortgage, judgment, or otherwise, upon the property or upon any particular portion thereof; and if it appears necessary to adjudicate the rights of unknown claimants of any kind, it may contain a general direction as follows: to all persons unknown who have or claim to have, any interest in the property described in the complaint.

Source: CCivP 1877, § 552; CL 1887, § 5366; RCCivP 1903, § 591; RC 1919, § 2802; SDC 1939 & Supp 1960, § 37.1406.
S.D. Codified Laws § 21-52-11 — SD Code / Title 21 / Chapter 52 / Section 21-52-11
Minimum time allowed for redemption--Exception for short-term redemption mortgage
Status: in_force

All persons entitled to redeem shall in all cases have one year from the date of sale in which to redeem, except as to any one hundred eighty day redemption mortgage given either prior to or subsequent to July 1, 1977.

Source: SL 1949, ch 142, § 12; SDC Supp 1960, § 37.5612 (1); SL 1979, ch 157, § 2.
S.D. Codified Laws § 21-32A-3 — SD Code / Title 21 / Chapter 32A / Section 21-32A-3
Immunity of public entities--Affirmative defense
Status: in_force

Except insofar as a public entity participates in a risk sharing pool or insurance is purchased pursuant to § 21-32A-1 , any public entity is immune from liability for damages whether the function in which it is involved is governmental or proprietary. The immunity recognized herein may be raised by way of affirmative defense.

Source: SL 1986, ch 175, § 3; SL 1987, ch 163, § 3.
S.D. Codified Laws § 21-40-5 — SD Code / Title 21 / Chapter 40 / Section 21-40-5
Determination of adverse claims--Survey ordered
Status: in_force

The court shall determine any adverse claims in respect to any portion of the land involved which it may be necessary to determine for a complete settlement of the boundary lines and the marking thereof and may order a survey to be made by a competent surveyor of such boundary lines between such lands.

Source: SL 1923, ch 140, § 1; SDC 1939 & Supp 1960, § 37.1301.
S.D. Codified Laws § 21-67-6 — SD Code / Title 21 / Chapter 67 / Section 21-67-6
Remedies
Status: in_force

(a) In an action under this chapter, a prevailing plaintiff may recover:

(1) The greater of:

(A) Economic and noneconomic damages proximately caused by the defendant’s disclosure or threatened disclosure, including damages for emotional distress whether or not accompanied by other damages; or

(B) Statutory damages not to exceed ten thousand dollars against each defendant found liable under this chapter for all disclosures and threatened disclosures by the defendant of which the plaintiff knew or reasonably should have known when filing the action or which became known during the pendency of the action. In determining the amount of statutory damages under this subsection, consideration must be given to the age of the parties at the time of the disclosure or threatened disclosure, the number of disclosures or threatened disclosures made by the defendant, the breadth of distribution of the image by the defendant, and other exacerbating or mitigating factors;

(2) An amount equal to any monetary gain made by the defendant from disclosure of the intimate image; and

(3) Punitive damages as allowed by § 21-3-2 .

(b) In an action under this chapter, the court may award a prevailing plaintiff:

(1) Attorney's fees and costs as allowed by § 15-6-54(d) ; and

(2) Additional relief, including injunctive relief.

(c) This chapter does not affect a right or remedy available under law of this state other than this chapter.

Source: SL 2020, ch 77, § 6.
S.D. Codified Laws § 21-35-24 — SD Code / Title 21 / Chapter 35 / Section 21-35-24
Railroad or gas or electric utility property condemned for coal pipelines--Declaration of taking--Contents
Status: in_force

In proceedings initiated under this chapter against corporations, associations, or other entities engaged in the operation of electric utilities, gas utilities, or railroads and when those proceedings are for the purpose of constructing pipelines designed to carry water for the transportation of coal, the petitioner may file any time before final judicial determination of the rights of the parties, a declaration of taking, signed by the petitioner, declaring the extent of the property interest taken for the use of the petitioner. The declaration of taking shall contain:

(1) A statement of the authority under which and the use for which the property interest is taken;

(2) A description of the property interest taken sufficient for identification thereof;

(3) A legal description of the lands subject to the taking;

(4) The name of all persons or entities claiming an interest in the said lands, and a description of the interest claimed by each;

(5) A statement of the sum of money estimated by the acquiring authority to be just compensation for the property interest taken and damaged; and

(6) A detailed appraisal upon which the amount of the petitioner's deposit is based.

Source: SL 1983, ch 171, § 1.
S.D. Codified Laws § 21-48-5 — SD Code / Title 21 / Chapter 48 / Section 21-48-5
Mortgage for installments deemed separate mortgage for each installment--Effect of redemption by installments
Status: in_force

In cases of mortgages given to secure the payment of money by installments, each of the installments mentioned in such mortgage, after the first, shall be taken and deemed to be a separate and independent mortgage, and such mortgage, for each of such installments, may be foreclosed in the same manner, and with like effect, as if such separate mortgage were given for each subsequent installment; and a redemption of any such sale shall have like effect as if the sale for such installment had been made upon a prior, independent mortgage.

Source: CCivP 1877, § 599; CL 1887, § 5413; RCCivP 1903, § 638; RC 1919, § 2878; SDC 1939 & Supp 1960, § 37.3003.
S.D. Codified Laws § 21-17A-20 — SD Code / Title 21 / Chapter 17A / Section 21-17A-20
Motion to quash writ and release property--Service of notice of motion
Status: in_force

A defendant whose property has been attached pursuant to a writ issued under this chapter may, on three days' notice of motion, apply for an order that the writ of attachment be quashed, and any property levied on pursuant to the writ be released. The application shall be made by filing with the court and serving on the plaintiff a notice of motion.

Source: SL 1983, ch 168, § 20.
S.D. Codified Laws § 21-52-21 — SD Code / Title 21 / Chapter 52 / Section 21-52-21
Amounts payable on partial redemptions
Status: in_force

If there has been a partial redemption as provided by § 21-52-13 , redemptioners are not required to pay to the owner, mortgagor, or judgment creditor any sum paid by him on such partial redemption; but they are required to pay such sum to any other redemptioner, who shall have a partial redemption.

Source: SL 1949, ch 142, § 11; SDC Supp 1960, § 37.5611.
S.D. Codified Laws § 21-25B-26 — SD Code / Title 21 / Chapter 25B / Section 21-25B-26
Immunity of panel members and arbitration officers for official actions or recommendations
Status: in_force

No member of the health services arbitration panel nor the arbitration officer shall be liable in damages for any action taken or recommendation made by such panel member or arbitration officer acting within his official capacity as a member of the health services arbitration panel or as the arbitration officer.

Source: SL 1976, ch 155, § 23.
S.D. Codified Laws § 21-41-23 — SD Code / Title 21 / Chapter 41 / Section 21-41-23
Judgment for defendant requiring payment for plaintiff's improvements--Payment for land on default by defendant
Status: in_force

The judgment of the court upon findings pursuant to § 21-41-22 , if in favor of the defendant or intervenor, for the recovery of the real property, and in favor of the plaintiff or intervenor for the value of such improvements, shall require the person found entitled to recover said real property to pay to the person entitled to recover for such improvements the value of the improvements as determined by such findings, within sixty days from the rendition of such judgment, less the amount of the damages, if any, recovered, for withholding the land, and for waste committed upon said land by the party adjudged entitled to recover the value of such improvements; and until such payment, or a tender of deposit in the office of the clerk of courts in which such action is pending, no execution or other process shall issue in such action to dispossess the person entitled to the value of such improvements, his heirs or assigns; and in default of such payment by the person entitled to recover said real property, the person entitled to the value of the improvements shall pay to the person entitled to recover the real property the value of said land as determined by such findings, and the damages, if any, recovered, for withholding same and for waste committed upon said land by him.

Source: SL 1949, ch 140, § 3; SDC Supp 1960, § 37.15 16-2 .
S.D. Codified Laws § 21-17A-25 — SD Code / Title 21 / Chapter 17A / Section 21-17A-25
Findings and order of court on hearing--Costs taxed--Damages assessed at trial
Status: in_force

If the court finds for the defendant on a motion pursuant to § 21-17A-20 , the judge presiding shall tax the defendant's costs for the hearing, and an order shall be entered dismissing the writ or that the property attached be delivered to the defendant; and the jury or the court shall, on the trial of the action or thereafter, assess the damages sustained by the defendant by reason of the taking and detention or sale of the property attached or by reason of any injury thereto. The same, together with the costs so taxed, shall be a setoff to the plaintiff's demand, and if in excess of it, or the plaintiff fails to recover, the defendant shall have judgment for the amount due. If the court on the hearing held pursuant to § 21-17A-22 finds for the plaintiff, the judge shall tax the plaintiff's costs for the trial, and the amount so taxed shall, if he recovers, be taxed by the clerk as disbursement in the action. If the defendant or his assignee recovers judgment in the action, the costs and the judgment shall be offset.

Source: SL 1983, ch 168, § 25.
S.D. Codified Laws § 21-47-25 — SD Code / Title 21 / Chapter 47 / Section 21-47-25
Prior foreclosure sales validated despite defects--Rights barred by no action
Status: in_force

All mortgage foreclosure sales of real property by action, under power of sale contained in such mortgages, made before January 1, 1992, the sheriff's deed thereof having been executed and delivered to the purchaser of such real property before January 1, 1992, notwithstanding any defect of notice, acknowledgment of any instrument or the recording thereof, or any other defect in the action or proceeding, are hereby cured, legalized, and validated as fully as if such foreclosure proceedings had been made in full compliance with all existing statutes or laws.

If any person has any vested right in any real property by reason of any omission referred to in this section, and if no action or proceeding to enforce such right was commenced prior to July 1, 1993, such right shall be forever barred. No action or proceeding brought involving real property shall be of any force or effect, or maintainable in any court of this state, unless prior to July 1, 1993, there was recorded in the office of the register of deeds of the county in which the real property affected is situated, a notice of the pendency of such action, in accordance with chapter 15-10 .

Source: SL 1975, ch 167; SL 1992, ch 307, § 10.
S.D. Codified Laws § 21-44-14 — SD Code / Title 21 / Chapter 44 / Section 21-44-14
Inquiry and proof required on uncontested petition
Status: in_force

Whether or not such petition is opposed, the court must inquire into the matters set forth and shall grant the prayer of such petition only if satisfied that the life tenant is in fact deceased, and that his right, title, or interest in, or lien or encumbrance upon, the real estate or personal property involved, has terminated by reason of his death.

Source: Supreme Court Rule 576, 1939; SDC 1939, § 37.1206; Supreme Court Rule adopted August 10, 1943.
S.D. Codified Laws § 21-19-26 — SD Code / Title 21 / Chapter 19 / Section 21-19-26
Order releasing exempt property--Amended claim where exemptions claimed exceed limitations
Status: in_force

If the claimant, on the basis of facts as shown by the claim and answer and as found by the court and on the basis of the valuations as determined, has not claimed as additional exemptions any more than allowed by law, the court shall order the same set aside and released from the levy. If the additional exemptions as claimed exceed the limitations provided by law, the claimant shall be allowed to make an amended claim within the limitations provided by law.

Source: SDC 1939, § 37.4909; SL 1957, ch 186, § 3.
S.D. Codified Laws § 21-32-8 — SD Code / Title 21 / Chapter 32 / Section 21-32-8
State as defendant in actions involving property
Status: in_force

In any and all actions to determine adverse claims to real or personal property, or involving the possession of real or personal property, or to foreclose mortgages or other liens upon real or personal property, or to partition the same, the State of South Dakota may be sued and made defendant in the courts of this state.

Source: SL 1919, ch 156, § 1; SL 1923, ch 141; SDC 1939 & Supp 1960, § 33.0403.
S.D. Codified Laws § 21-3A-13 — SD Code / Title 21 / Chapter 3A / Section 21-3A-13
Provisions of chapter severable
Status: in_force

If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.

Source: SL 1986, ch 163, § 13.
S.D. Codified Laws § 21-3B-7 — SD Code / Title 21 / Chapter 3B / Section 21-3B-7
Disputes decided under state law
Status: in_force

Any transfer agreement entered into on or after July 1, 2001, by a payee who resides in this state shall provide that disputes under such transfer agreement, including any claim that the payee has breached the agreement, shall be determined in and under the laws of this state. No such transfer agreement may authorize the transferee or any other party to confess judgment or consent to entry of judgment against the payee.

Source: SL 2001, ch 106, § 7.
S.D. Codified Laws § 21-9-6 — SD Code / Title 21 / Chapter 9 / Section 21-9-6
Clear title required for specific performance of agreement to purchase property
Status: in_force

An agreement for the sale of property cannot be specifically enforced in favor of a seller who cannot give to the buyer a title free from reasonable doubt.

Source: CivC 1877, § 2002; CL 1887, § 4635; RCivC 1903, § 2347; RC 1919, § 2018; SDC 1939 & Supp 1960, § 37.4610.
S.D. Codified Laws § 21-27-9.3 — SD Code / Title 21 / Chapter 27 / Section 21-27-9.3
Return to writ--Time for filing--Content
Status: in_force

The state's attorney of the county in which the writ of habeas corpus was issued shall file a return to the writ within fifteen days unless for good cause additional or less time, is granted. The return shall state the true cause or authority for the detention.

Source: SL 1983, ch 169, § 10; SL 1984, ch 161, § 3.
S.D. Codified Laws § 21-27-3.1 — SD Code / Title 21 / Chapter 27 / Section 21-27-3.1
Time for application
Status: in_force

Proceedings under this chapter cannot be maintained while an appeal from the applicant's conviction and sentence is pending or during the time within which such appeal may be perfected.

Source: SL 1983, ch 169, § 4; SL 2012, ch 118, § 1.
S.D. Codified Laws § 21-3B-5 — SD Code / Title 21 / Chapter 3B / Section 21-3B-5
Application for approval of transfer to be made by transferee--Venue--Notice of proposed transfer
Status: in_force

An application under this chapter for approval of a transfer of structured settlement payment rights shall be made by the transferee and may be brought in the county in which the payee resides, in the county in which the structured settlement obligor or the annuity issuer maintains its principal place of business, or in any court or before any responsible administrative authority which approved the structured settlement agreement.

Not less than twenty days prior to the scheduled hearing on any application for approval of a transfer of structured settlement payment rights under § 21-3B-3 , the transferee shall file with the court or responsible administrative authority and serve on all interested parties a notice of the proposed transfer and the application for its authorization, including the following with such notice:

(1) A copy of the transferee's application;

(2) A copy of the transfer agreement;

(3) A copy of the disclosure statement required under § 21-3B-2 ;

(4) A listing of each of the payee's dependents, together with each dependent's age;

(5) Notification that any interested party is entitled to support, oppose, or otherwise respond to the transferee's application, either in person or by counsel, by submitting written comments to the court or responsible administrative authority or by participating in the hearing; and

(6) Notification of the time and place of the hearing and notification of the manner in which, and the time by which written responses to the application must be filed, which may not be less than fifteen days after service of the transferee's notice, in order to be considered by the court or responsible administrative authority.

Source: SL 2001, ch 106, § 5.
S.D. Codified Laws § 21-18-7 — SD Code / Title 21 / Chapter 18 / Section 21-18-7
Service of summons, affidavit, and garnishment disclosure on garnishee
Status: in_force

The garnishee summons, affidavit, and garnishment disclosure shall be served on each of the several garnishees named, in the manner provided for service of a summons in an action, by certified mail, or by registered mail pursuant to § 21-18-11 .

Source: SDC 1939 & Supp 1960, § 37.2805; SL 1966, ch 123; SL 1967, ch 150; SL 1988, ch 182, § 1; SL 2016, ch 116, § 4.
S.D. Codified Laws § 21-25A-2 — SD Code / Title 21 / Chapter 25A / Section 21-25A-2
Chapter prospective only
Status: in_force

This chapter applies only to agreements made subsequent to June 30, 1971.

Source: SL 1971, ch 157, § 21.
S.D. Codified Laws § 21-64-3 — SD Code / Title 21 / Chapter 64 / Section 21-64-3
Application of chapter
Status: in_force

The provisions of this chapter apply to a personality who is deceased prior to July 1, 2015.

Source: SL 2015, ch 126, § 3.
S.D. Codified Laws § 21-35-18 — SD Code / Title 21 / Chapter 35 / Section 21-35-18
Compensation determined for each parcel
Status: in_force

If the compensation for all the property taken or damaged is ascertained by the jury upon one trial, they shall ascertain and return in their verdict the compensation to be paid for each distinct lot or parcel of land or property taken or damaged.

Source: SL 1891, ch 94, § 11; RCCivP 1903, § 873; RC 1919, § 2948; Supreme Court Rule 603, 1939; SDC 1939 & Supp 1960, § 37.4010.
S.D. Codified Laws § 21-10-25.4 — SD Code / Title 21 / Chapter 10 / Section 21-10-25.4
Damages due to water pollution or land overflow not affected by protected status
Status: in_force

The provisions of §§ 21-10-25.2 and 21-10-25.3 do not affect or defeat the right of any person, firm, or corporation to recover damages for any injuries sustained by it as a result of the pollution or other change in the quantity or quality of water used by that person, firm, or corporation for private or commercial purposes, or as a result of any overflow of land owned by or in the possession of any such person, firm, or corporation.

Source: SL 1991, ch 183, § 4; SL 2023, ch 65, § 8.
S.D. Codified Laws § 21-49-12 — SD Code / Title 21 / Chapter 49 / Section 21-49-12
Clause subjecting mortgage to chapter--Caption required--Mortgagor's right to possession of property during redemption period
Status: in_force

Any mortgage containing the following statement in printed or typed capital letters: "THE PARTIES AGREE THAT THE PROVISIONS OF THE ONE HUNDRED EIGHTY DAY REDEMPTION MORTGAGE ACT GOVERN THIS MORTGAGE," shall be subject to the provisions of this chapter. Any mortgage executed under this chapter shall be entitled in printed or typed capital letters: "MORTGAGE--ONE HUNDRED EIGHTY DAY REDEMPTION." No mortgage made pursuant to this chapter shall contain any provisions whereby the mortgagor is denied the right to possession of the mortgaged property during the redemption period as provided in this chapter.

Source: SL 1963, ch 236, § 5; SDCL, § 21-49-2; SL 1977, ch 187, § 2.
S.D. Codified Laws § 21-48-2 — SD Code / Title 21 / Chapter 48 / Section 21-48-2
Recording of mortgage and assignments required before foreclosure
Status: in_force

To entitle any party to foreclose by advertisement, it shall be necessary that the mortgage containing such power of sale has been duly recorded and, if it shall have been assigned, that all the assignments thereof have been duly recorded in the county where such mortgaged premises are situated.

Source: CCivP 1877, § 598, subdiv 3; CL 1887, § 5412, subdiv 3; RCCivP 1903, § 637, subdiv 3; RC 1919, § 2877 (3); SDC 1939 & Supp 1960, § 37.3002 (3).
S.D. Codified Laws § 21-64-9 — SD Code / Title 21 / Chapter 64 / Section 21-64-9
Permitted use where commercial value results from formal charges or conviction of crime
Status: in_force

The provisions of this chapter do not apply to a personality whose name, voice, signature, photograph, image, likeness, distinctive appearance, gesture, or mannerism has commercial value solely because the personality has been formally charged with or convicted of a crime.

Source: SL 2015, ch 126, § 9.
S.D. Codified Laws § 21-63-5 — SD Code / Title 21 / Chapter 63 / Section 21-63-5
Time for bringing aviation product liability claim--Indemnity
Status: in_force

The provisions of § 15-2-12.2 notwithstanding, any claim that involves harm caused more than ten years after the time of delivery is barred regardless of the date the defect or harm is discovered or the disability or minority of the person harmed.

Nothing contained in this section affects the right of any person liable under an aviation product liability claim to seek and obtain indemnity from any other person who is responsible for the harm which gave rise to the aviation product liability claim.

Source: SL 2011, ch 113, § 5.
S.D. Codified Laws § 21-44-17 — SD Code / Title 21 / Chapter 44 / Section 21-44-17
Presumption of death after seven years' absence
Status: in_force

If any person upon whose life any estate or interest in property depends, remains without the United States or absents himself in the state or elsewhere for seven years together, such person must be accounted naturally dead in any action or special proceeding concerning any such property in which his death shall come in question unless sufficient proof be made in such case that he is living.

Source: CCivP 1877, § 498; CL 1887, § 5312; RCCivP 1903, § 537; RC 1919, § 2729; SDC 1939, § 36.0205; SL 1957, ch 191.
S.D. Codified Laws § 21-22-6 — SD Code / Title 21 / Chapter 22 / Section 21-22-6
Commencement of supervision by court
Status: in_force

Immediately upon the filing of the papers required by §§ 21-22-3 and 21-22-4 , supervision by the court shall be deemed to commence.

Source: Supreme Court Rule 239, 1939; SDC 1939 & Supp 1960, § 33.2603.
S.D. Codified Laws § 21-10-25.2 — SD Code / Title 21 / Chapter 10 / Section 21-10-25.2
State policy to protect agricultural operations from nuisance suits
Status: in_force

It is the policy of the state to conserve, protect, and encourage the development and improvement of its agricultural land for the production of food and other agricultural products. The Legislature finds that when nonagricultural land uses extend into agricultural areas, agricultural operations often become the subject of nuisance suits. As a result, agricultural operations are sometimes forced to cease operations, and many persons may be discouraged from making investments in farm improvements. It is the purpose of §§ 21-10-25 and 21-10-25 .2 to 21-10-25 .6, inclusive, to reduce the loss to the state of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed to be a nuisance.

Source: SL 1991, ch 183, § 1; SL 1994, ch 162; SDCL § 21-10-25.1; SL 2023, ch 65, § 8.
S.D. Codified Laws § 21-49-27 — SD Code / Title 21 / Chapter 49 / Section 21-49-27
Bid of less than full debt amount--Requirements--Execution for deficiency
Status: in_force

If the holder of the mortgage is not willing to bid the full amount of the judgment debt, and if foreclosure has been commenced by action, such holder shall establish at the time of the trial to the satisfaction of the court, the fair and reasonable value of the mortgaged premises, and the court shall determine the value less the sum of the balances due, as of the date of judgment, on any prior liens or encumbrances upon the mortgaged premises, including liens or charges for real property taxes and special assessments. If the court shall find such fair and reasonable value, less the sum of the balances due, as of the date of judgment, on any prior liens or encumbrances upon the mortgaged premises, including liens or charges for real property taxes and special assessments, to be less than the sum due on the mortgage with costs and disbursements, and expense of sale, the court may by such judgment authorize such holder to bid not less than the value as thus determined, less the sum of the balances due, as of the date of sale, on any prior liens or encumbrances upon the mortgaged premises, including liens or charges for real property taxes and special assessments. If foreclosure has been commenced by advertisement, the mortgagee may seek a deficiency in accordance with § 21-48-14 . If foreclosure has been commenced by action and a deficiency remains after the foreclosure sale, such holder shall be entitled to a general execution for such deficiency only upon application to the court.

Source: SL 1977, ch 187, § 16; SL 1981, ch 170, § 5; SL 1989, ch 191, § 4.
S.D. Codified Laws § 21-36-22 — SD Code / Title 21 / Chapter 36 / Section 21-36-22
Personal property sold--Proceeds held in special fund--Fixtures treated as personal property--Credit to school fund
Status: in_force

Personal property, other than money, shall be converted into cash by the receiver appointed by the court, or the administrator of the estate, under the direction of the court, and the proceeds thereof together with all moneys recovered, after first deducting the costs and expenses of the suit, shall be delivered to the commissioner of school and public lands to be by him placed in a special fund pending the expiration of the time in which the right of recovery under the provisions of § 21-36-24 shall continue; provided, that for the purposes of this section all permanent fixtures on said real estate of an appraised value less than one thousand dollars, as determined by the Board of Appraisal provided for in § 5-9-3 , shall be deemed personal property.

Upon the expiration of the time in which such right of recovery shall exist all moneys so recovered and all accruals and additions thereto shall be placed to the credit of the school fund.

Source: SL 1909, ch 104, § 8; RC 1919, § 3056; SL 1929, ch 119, § 1; SDC 1939, § 37.4206; SL 1945, ch 164.
S.D. Codified Laws § 21-27-4 — SD Code / Title 21 / Chapter 27 / Section 21-27-4
Counsel appointed for indigent applicant--Counsel fees--Ineffective assistance of counsel
Status: in_force

If a person has been committed, detained, imprisoned, or restrained of liberty, under any color or pretense whatever, civil or criminal, and if upon application made in good faith to the court or judge thereof, having jurisdiction, for a writ of habeas corpus, it is satisfactorily shown that the person is without means to prosecute the proceeding, the court or judge shall, if the judge finds that such appointment is necessary to ensure a full, fair, and impartial proceeding, appoint counsel for the indigent person pursuant to chapter 23A-40 . Such counsel fees or expenses shall be a charge against and be paid by the county from which the person was committed, or for which the person is held as determined by the court. Payment of all such fees or expenses shall be made only upon written order of the court or judge issuing the writ. The ineffectiveness or incompetence of counsel, whether retained or appointed, during any collateral post-conviction proceeding is not grounds for relief under this chapter.

Source: SL 1943, ch 126; SDC Supp 1960, § 37.5504-1; SL 1969, ch 163; SL 1983, ch 169, § 5; SL 2012, ch 118, § 4.
S.D. Codified Laws § 21-52-27 — SD Code / Title 21 / Chapter 52 / Section 21-52-27
Recording of certificates of redemption
Status: in_force

Any such certificate of redemption must be recorded in the office of the register of deeds of the county in which the property or part thereof is situated.

Source: SL 1949, ch 142, § 13; SDC Supp 1960, § 37.5613 (3).
S.D. Codified Laws § 21-19-27 — SD Code / Title 21 / Chapter 19 / Section 21-19-27
Valuation of additional property to permit full benefit of exemptions--Selection and release of additional property
Status: in_force

If, to do substantial justice to the debtor with reference to allowing him to select property to the full amount of his additional exemptions as provided by law, it is necessary to fix the value of items of property not included in property originally claimed as exempt, and the parties cannot agree as to valuations, the court may determine the value of such items. If the debtor fails or refuses to make a new selection of additional exemptions, the court shall make it for him. Upon the selection being finally made the court shall order the additional exemptions set aside and released from the levy.

Source: SDC 1939, § 37.4909; SL 1957, ch 186, § 3.
S.D. Codified Laws § 21-47-12 — SD Code / Title 21 / Chapter 47 / Section 21-47-12
Sale of entire tract and payment of installments due--Investment and payment of subsequent installments to plaintiff--Surplus for benefit of defendant
Status: in_force

If, in any of the foregoing cases, it shall appear to the court that the mortgaged premises are so situated that a sale of the whole will be most beneficial to the parties, the judgment or decree must, in the first instance, be entered for the sale of the whole premises accordingly. In such case the proceeds of such sale must be applied as well to the interest or portion or installment of the principal due as toward the whole or residue of the sum secured by such mortgage and not due and payable at the time of such sale, and if such residue do not bear interest, then the court may direct the same to be paid with a rebate of the legal interest for the time during which such residue shall not be due and payable, or the court may direct the balance of the proceeds of such sale, after paying the sum due, with costs, to be put out at interest for the benefit of the plaintiff, to be paid to him as the installments or portions of the principal or interest may become due, and the surplus for the benefit of the defendant, his representative, or assigns, to be paid to them by order of the court.

Source: CCivP 1877, §§ 630, 631; CL 1887, §§ 5444, 5445; RCCivP 1903, §§ 670, 671; RC 1919, §§ 2910, 2911; SDC 1939 & Supp 1960, § 37.2910.
S.D. Codified Laws § 21-9-10 — SD Code / Title 21 / Chapter 9 / Section 21-9-10
Compelling delivery of personal property to person entitled to possession
Status: in_force

Any person having the possession or control of a particular article of personal property, of which he is not the owner, may be compelled specifically to deliver it to the person entitled to its immediate possession.

Source: CivC 1877, § 1993; CL 1887, § 4626; RCivC 1903, § 2338; RC 1919, § 2009; SDC 1939 & Supp 1960, § 37.4608.
S.D. Codified Laws § 21-3A-1.1 — SD Code / Title 21 / Chapter 3A / Section 21-3A-1.1
Purposes of chapter
Status: in_force

The purposes of this chapter are to fully and fairly compensate injured parties as well as to:

(1) Alleviate some of the practical problems incident to unpredictability of large future losses;

(2) Effectuate more precise awards of damages for actual losses;

(3) Pay damages as the trier of fact finds the losses will accrue; and

(4) Assure that payments of damages more nearly serve the purposes for which they are awarded.

Source: SL 1986, ch 163, § 15, as added by SL 1988, ch 181, § 1.
S.D. Codified Laws § 21-24-6 — SD Code / Title 21 / Chapter 24 / Section 21-24-6
Declaratory relief powers not limited by specific enumeration
Status: in_force

The enumeration in §§ 21-24-3 to 21-24-5 , inclusive, does not limit or restrict the exercise of the general powers conferred in § 21-24-1 , in any proceeding where declaratory relief is sought, in which a judgment or decree will terminate the controversy or remove an uncertainty.

Source: SL 1925, ch 214, § 5; SDC 1939 & Supp 1960, § 37.0105.
S.D. Codified Laws § 21-52-17 — SD Code / Title 21 / Chapter 52 / Section 21-52-17
Proof of interest not required of party of record
Status: in_force

No person named as a mortgagor in any mortgage, or as judgment debtor in any judgment of foreclosure of a lien, or in any general or special execution, need serve upon the officer or person from whom he seeks to redeem, any proof of his interest in the real property to be redeemed.

Source: SL 1949, ch 142, § 8; SDC Supp 1960, § 37.5608 (1).
S.D. Codified Laws § 21-66-9 — SD Code / Title 21 / Chapter 66 / Section 21-66-9
Court order regarding filing of additional asbestos trust claim
Status: in_force

If the court determines that there is sufficient basis for the plaintiff to file an additional asbestos trust claim identified by the defendant pursuant to § 21-66-7 , the court shall order the plaintiff to file the asbestos trust claim and shall stay the asbestos action until the plaintiff files the asbestos trust claim and provides all parties with any trust claims material within thirty days before the trial date. If the court determines that the plaintiff's expenses, or attorney's fees and expenses, to prepare and file the asbestos trust claim identified in the defendant's motion under § 21-66-7 exceed the plaintiff's reasonably anticipated recovery from the asbestos trust, the court shall stay the asbestos action until the plaintiff files with the court and provides each party with a verified statement of the plaintiff's history of exposure, usage, or any other connection to asbestos covered by the asbestos trust.

Source: SL 2017, ch 94, § 9.
S.D. Codified Laws § 21-39-1 — SD Code / Title 21 / Chapter 39 / Section 21-39-1
Circuit court jurisdiction to determine heirs under federal land laws
Status: in_force

Whenever a patent shall have been issued direct to the heirs of a deceased person under the homestead or any other laws of the United States, the circuit court for the county in which such lands, or any part thereof, so patented are situated shall have original jurisdiction in a civil action brought for that purpose to determine who are such heirs and to determine the respective shares of such heirs in and to the lands so patented.

Source: SL 1913, ch 231, § 1; RC 1919, § 2869; SL 1921, ch 182; SDC 1939 & Supp 1960, § 37.1503.
S.D. Codified Laws § 21-48-6 — SD Code / Title 21 / Chapter 48 / Section 21-48-6
Publication of notice of foreclosure--Contents of notice
Status: in_force

Notice that such mortgage will be foreclosed by sale of the mortgaged premises, or some part of them, shall be given, by publishing the notice at least once each week for four successive weeks in a legal newspaper of the county where the premises intended to be sold, or some of them, are situated, if there be one in the county, and if not, in the nearest newspaper in the state. Every notice shall specify:

(1) The names of the mortgagor and mortgagee, and the assignee, if any;

(2) The date of the mortgage;

(3) The amount claimed to be due on the mortgage at the date of the notice;

(4) A description of the mortgaged premises, conforming substantially to that contained in the mortgage;

(5) The time and place of sale;

(6) A description of the default;

(7) That the mortgagor can apply for foreclosure by action pursuant to § 21-48-9 ;

(8) The name and address of all persons claiming a lien, encumbrance, or other recorded ownership interest in the property.

Source: CCivP 1877, §§ 600, 601; CL 1887, §§ 5414, 5415; RCCivP 1903, §§ 639, 640; RC 1919, §§ 2879, 2880; SL 1929, ch 177; SL 1931, ch 178; SDC 1939 & Supp 1960, § 37.3004; SL 2002, ch 101, § 1.
S.D. Codified Laws § 21-27-28 — SD Code / Title 21 / Chapter 27 / Section 21-27-28
Second imprisonment on same cause prohibited after discharge on writ--Circumstances justifying second imprisonment
Status: in_force

No person who has been discharged by order of a court or judge upon a writ of habeas corpus shall be again imprisoned, restrained, or kept in custody for the same cause, unless he be afterward prosecuted for the same offense; nor unless by the legal order or process of the court wherein he is bound by recognizance to appear. The following shall not be deemed to be the same cause:

(1) If after a discharge for a defect of proof, or on any material defect in the commitment in a criminal case, such person should be again arrested on sufficient proof, and committed by legal process for the same offense;

(2) If in a civil suit such person has been discharged for any illegality in the judgment or process, and is afterward imprisoned by legal process for the same cause of action;

(3) Generally, whenever the discharge has been ordered on account of the nonobservance of any of the forms required by law, such person may be a second time imprisoned, if the cause be legal, and the forms required by law observed.

Source: CCrimP 1877, § 677; CL 1887, § 7845; RCCrimP 1903, § 777; RC 1919, § 4983; SDC 1939 & Supp 1960, § 37.5506.
S.D. Codified Laws § 21-66-7 — SD Code / Title 21 / Chapter 66 / Section 21-66-7
Conference regarding additional trust claim--Motion for order to file asbestos trust claim
Status: in_force

If, not less than ninety days before trial, a defendant identifies an asbestos trust claim not previously identified by the plaintiff that the defendant reasonably believes the plaintiff may file, the defendant shall confer with the plaintiff regarding any additional asbestos trust claim that may be filed by the plaintiff. The defendant may move the court for an order to require the plaintiff to file any additional asbestos trust claim following the meeting under this section. The defendant shall produce or describe any documentation the defendant possesses or of which the defendant is aware in support of the motion.

Source: SL 2017, ch 94, § 7.
S.D. Codified Laws § 21-48-15 — SD Code / Title 21 / Chapter 48 / Section 21-48-15
Costs, disbursements and attorney fees allowed from proceeds of sale
Status: in_force

The party foreclosing a mortgage by advertisement shall be entitled to his costs and disbursements, including any attorney fees allowed by law, out of the proceeds of the sale.

Source: CCivP 1877, § 615; SL 1887, ch 28, § 1; CL 1887, § 5429; RCCivP 1903, § 654; RC 1919, § 2895; SDC 1939 & Supp 1960, § 37.3014.
S.D. Codified Laws § 21-42-3 — SD Code / Title 21 / Chapter 42 / Section 21-42-3
Delinquent taxes paid before action brought
Status: in_force

Before bringing such action, the plaintiff, unless it be the county, shall pay delinquent taxes assessed subsequent to the date he procured the certificate of sale which may then be due to the county.

Source: SL 1941, ch 161, § 1; SL 1943, ch 140; SDC Supp 1960, § 37.16A01.
S.D. Codified Laws § 21-29-2 — SD Code / Title 21 / Chapter 29 / Section 21-29-2
Writ issued when ordinary remedy inadequate--Application and affidavit
Status: in_force

The writ of mandamus must be issued in all cases where there is not a plain, speedy, and adequate remedy, in the ordinary course of law. It must be issued upon affidavit, upon the application of the party beneficially interested.

Source: CCivP 1877, § 696; CL 1887, § 5518; RCCivP 1903, § 765; RC 1919, § 3007; SDC 1939 & Supp 1960, § 37.4502.
S.D. Codified Laws § 21-68-4 — SD Code / Title 21 / Chapter 68 / Section 21-68-4
Limitation--Actions--Health care provider
Status: in_force

A health care provider is not liable for any damages for causing or contributing, directly or indirectly, to the death or injury of a person as a result of the health care provider's acts or omissions in response to COVID-19. This section applies to all of the following:

(1) Injury or death resulting from screening, assessing, diagnosing, caring for, or treating persons with a suspected or confirmed case of COVID-19;

(2) Prescribing, administering, or dispensing a pharmaceutical for off-label use to treat a patient with a suspected or confirmed case of COVID-19; and

(3) Acts or omissions while providing health care to persons unrelated to COVID-19 if those acts or omissions support the state's response to COVID-19, including any of the following:

(a) Delaying or canceling nonurgent or elective dental, medical, or surgical procedures, or altering the diagnosis or treatment of a person in response to any federal or state statute, regulation, order, or public health guidance;

(b) Diagnosing or treating patients outside the normal scope of the health care provider's license or practice;

(c) Using medical devices, equipment, or supplies outside of their normal use for the provision of health care, including using or modifying medical devices, equipment, or supplies for an unapproved use;

(d) Conducting tests or providing treatment to any person outside the premises of a health care facility;

(e) Acts or omissions undertaken by a health care provider because of a lack of staffing, facilities, medical devices, equipment, supplies, or other resources attributable to COVID-19 that renders the health care provider unable to provide the level or manner of care to any person that otherwise would have been required in the absence of COVID-19; and

(f) Acts or omissions undertaken by a health care provider relating to the use or nonuse of personal protective equipment.

This section does not relieve any person or health care provider of liability for civil damages for any act or omission that constitutes gross negligence, recklessness, or willful misconduct.

Source: SL 2021, ch 91, § 4.
S.D. Codified Laws § 21-24-7 — SD Code / Title 21 / Chapter 24 / Section 21-24-7
Parties to be joined in action for declaratory relief
Status: in_force

When declaratory relief is sought all persons shall be made parties who have or claim any interest which would be affected by the declaration, and no declaration shall prejudice the rights of persons not parties to the proceeding.

Source: SL 1925, ch 214, § 11; SDC 1939 & Supp 1960, § 37.0111.
S.D. Codified Laws § 21-7-2 — SD Code / Title 21 / Chapter 7 / Section 21-7-2
Extent of injury or malice required to justify forfeiture and eviction
Status: in_force

Judgment of forfeiture and eviction shall only be given in favor of the person entitled to the reversion, against the tenant in possession, when the injury to the estate in reversion shall be adjudged in the action to be equal to the value of the tenant's estate or unexpired term, or to have been done maliciously.

Source: CCivP 1877, § 653; CL 1887, § 5467; RCCivP 1903, § 694; RC 1919, § 2875; SDC 1939 & Supp 1960, § 37.3602.
S.D. Codified Laws § 21-25B-18 — SD Code / Title 21 / Chapter 25B / Section 21-25B-18
Continuation of panel member's service until determination of existing controversy
Status: in_force

Any member serving on a health care services arbitration panel selected to consider an existing controversy shall continue to serve on such panel as to such controversy until it has been finally determined irrespective of whether his term of office has expired.

Source: SL 1976, ch 155, § 10.
S.D. Codified Laws § 21-36-16 — SD Code / Title 21 / Chapter 36 / Section 21-36-16
Claims to distributive shares determined in circuit court--Practice and procedure rules
Status: in_force

In all cases brought under the provisions of this chapter, all claims as heirs to any distributive share or portion of said estate shall be determined in the action in the circuit court. All matters of practice and procedure not otherwise provided herein shall be governed by the laws, practice, and rules applicable to appeals on question of both law and fact from a circuit court.

Source: SL 1909, ch 104, § 5; RC 1919, § 3053; SDC 1939 & Supp 1960, § 37.4204.
S.D. Codified Laws § 21-23-11 — SD Code / Title 21 / Chapter 23 / Section 21-23-11
Cash sale at public auction--Terms and security when deferred payments permitted
Status: in_force

Unless for good cause the court orders otherwise, all sales of property shall be at public auction for cash. If any portion of the purchase price is to be upon deferred payments, the order of the court shall require adequate security and shall fix the time within which payments are to be made and prescribe the rate of interest.

Source: Supreme Court Order No. 2 (7) adopted October 12, 1944; SDC Supp 1960, § 33.26A07.
S.D. Codified Laws § 21-61-1 — SD Code / Title 21 / Chapter 61 / Section 21-61-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Livestock," cattle, bison, swine, sheep, goats, horses, ratites, and captive cervidae;

(2) "Livestock producer," any producer of livestock;

(3) "Long - term consumption," the cumulative effect of the consumption of any qualified product and not the effect of a single instance of consumption;

(4) "Qualified product," any food or drink as defined in section 201(f) of the Federal Food Drug and Cosmetic Act (21 U.S.C. § 321(f)), in effect as of January 1, 2004, and specifically including meat and meat products from livestock;

(5) "Seller," any person or entity lawfully engaged in the business of marketing, distributing, advertising, or selling a qualified product;

(6) "Trade association," any association or business organization that is not operated for profit, if two or more members are manufacturers, marketers, distributors, livestock producers, advertisers, or sellers of a qualified product.

Source: SL 2004, ch 146, § 1.
S.D. Codified Laws § 21-51-1 — SD Code / Title 21 / Chapter 51 / Section 21-51-1
Limitation of actions on real property contract--Contract void after fifteen years
Status: in_force

An action upon a contract or bond for the purchase or sale of real property, or for the recovery of the consideration payable thereunder must be commenced within fifteen years after the cause of action shall have accrued, or within fifteen years after the last payment thereunder shall have become due and payable, and, if not so commenced, such action shall be forever barred, and such contract or bond shall become null and void and if there be no conveyance of record from the vendor or his successor in interest to the purchaser or his successor in interest, such contract or bond shall be conclusively presumed to have been terminated, and such contract or bond shall cease to be notice of any rights of the purchaser and said period of fifteen years shall not be extended by nonresidence, legal disability or partial payment. This section shall apply to all such contracts or bonds affecting real estate in this state, both those heretofore executed and those hereafter executed.

Source: SL 1920 (SS), ch 67, § 1; SDC 1939, § 37.0902; SL 1957, ch 192.
S.D. Codified Laws § 21-35-26 — SD Code / Title 21 / Chapter 35 / Section 21-35-26
Terms of surrender of possession--Notice--Hearing--Orders of court
Status: in_force

Upon filing of a declaration of taking pursuant to § 21-35-24 , the court has power to fix the time within which and the terms upon which the parties in possession are required to surrender possession to the petitioner. A notice shall be issued stating that if the defendants do not appear in or respond to the proceedings within thirty days after service of the notice, exclusive of the day of service, the petitioner shall apply to the court for an order of possession. A notice of hearing shall then be issued by the court and served as provided in § 21-35-27 upon the recorded owners of all lands sought to be acquired or damaged. The notice shall state a time and place for hearing not less than thirty days from the date of service, unless the waiver of hearing provided by § 21-35-10.1 is filed, in which case the hearing may be held sooner. The court may make orders in respect to encumbrances, liens, rents, taxes, assessments, insurance, and other charges, if any, as are just and equitable.

Source: SL 1983, ch 171, § 3.
S.D. Codified Laws § 21-25A-7 — SD Code / Title 21 / Chapter 25A / Section 21-25A-7
Stay of judicial proceedings on arbitrable issue--Severance of issues
Status: in_force

Any action or proceeding involving an issue subject to arbitration shall be stayed if an order for arbitration or an application therefor has been made under § 21-25A-5 or, if the issue is severable, the stay may be with respect thereto only. When the application is made in such action or proceeding, the order for arbitration shall include such stay.

Source: SL 1971, ch 157, § 2.
S.D. Codified Laws § 21-65-16 — SD Code / Title 21 / Chapter 65 / Section 21-65-16
Title to real property unaffected
Status: in_force

An order pursuant to this chapter does not affect title to real property.

Source: SL 2016, ch 120, § 18.
S.D. Codified Laws § 21-66-1 — SD Code / Title 21 / Chapter 66 / Section 21-66-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Asbestos," chrysotile, amosite, crocidolite, tremolite asbestos, anthophyllite asbestos, actinolite asbestos, asbestiform winchite, asbestiform richterite, asbestiform amphibole minerals, or any of these minerals that have been chemically treated or altered, including any mineral defined as asbestos in 29 C.F.R. § 1910 at the time an asbestos action is filed;

(2) "Asbestos action," a claim for damages or other civil or equitable relief presented in a civil action arising out of, based on, or related to the health effects of exposure to asbestos, including loss of consortium, wrongful death, mental or emotional injury, risk or fear of disease or other injury, costs of medical monitoring or surveillance, and any other derivative claim made by or on behalf of a person exposed to asbestos or a representative, spouse, parent, child, or other relative of that person. The term does not include a claim for workers' compensation or veterans' benefits;

(3) "Asbestos trust," a government-approved or court-approved trust, qualified settlement fund, compensation fund, or claims facility created as a result of an administrative or legal action, a court-approved bankruptcy, or pursuant to 11 U.S.C. § 524(g) or 11 U.S.C. § 1121(a) or any other law, that is intended to provide compensation to claimants arising out of, based on, or related to the health effects of exposure to asbestos;

(4) "Plaintiff," any person who brings an asbestos action, including a personal representative for any asbestos action that is brought by an estate, or a conservator or next friend for any asbestos action that is brought on behalf of a minor or a legally incapacitated person;

(5) "Trust claims material," any final executed proof of claim, any other document or information submitted to an asbestos trust, including a claim form or supplementary material, affidavit, deposition or trial testimony, work history, medical or health record, document reflecting the status of a claim against an asbestos trust, or if the trust claim has settled, any document submitted to or received from an asbestos trust relating to the settlement of the trust claim; and

(6) "Trust governance document," any document that relates to eligibility or payment levels, including a claims payment matrix, trust distribution procedure, or plan for reorganization, for an asbestos trust.

Source: SL 2017, ch 94, § 1.
S.D. Codified Laws § 21-41-12 — SD Code / Title 21 / Chapter 41 / Section 21-41-12
Lis pendens notice filed with register of deeds--Constructive notice--Destruction of records
Status: in_force

Immediately after the filing of the complaint in the circuit court, the plaintiff must record in the office of the register of deeds of the county or of several counties in which the property is situated, a notice of the pendency of the action, containing the title and object of the action and a description of the property to be affected thereby. From the time of filing the notice for record all persons shall be deemed to have notice of the pendency of the action. 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: SL 1903, ch 194, § 7; SL 1905, ch 81; RC 1919, § 2853; SDC 1939 & Supp 1960, § 37.1513; SL 1981, ch 45, § 17.