S.D. Codified Laws § 21-35-21 — SD Code / Title 21 / Chapter 35 / Section 21-35-21
Highway provisions not affected--Proceeding cumulative
Status: in_force

Nothing in this chapter shall be so construed as to impair any provision of this code relating to the establishment, alteration, or improvement of streets, alleys, roads, or other public highways; but the proceeding herein provided for shall be construed as additional and cumulative to any special proceeding relating to such public highway.

Source: RCCivP 1903, § 878; RC 1919, § 2953; Supreme Court Rule 600, 1939; SDC 1939 & Supp 1960, § 37.4005.
S.D. Codified Laws § 21-24-15 — SD Code / Title 21 / Chapter 24 / Section 21-24-15
Severability of provisions
Status: in_force

The several sections and provisions of this chapter except §§ 21-24-1 and 21-24-3 are hereby declared independent and severable, and the invalidity, if any, of any part or feature thereof shall not affect or render the remainder of the chapter invalid or inoperative.

Source: SL 1925, ch 214, § 14; SDC 1939 & Supp 1960, § 37.0114.
S.D. Codified Laws § 21-18-47 — SD Code / Title 21 / Chapter 18 / Section 21-18-47
Terms of judgment on garnishment proceedings--Orders for sale or disposition of property
Status: in_force

The court shall render such judgment in all cases as shall be just to all the parties, and properly protect their respective interests, and may adjudge the recovery of an indebtedness, the conveyance, transfer, or delivery to the sheriff, or any officer appointed by the judgment, of any real estate or personal property disclosed or found to be liable to be applied to the plaintiff's demand, or by the judgment pass the title thereto; and may therein or by its order, when proper, direct the manner of making sale and disposing of the proceeds thereof, or of any money or other thing paid over or delivered to the clerk or officer.

Source: SL 1909, ch 156, § 15; RC 1919, § 2468; SDC 1939 & Supp 1960, § 37.2825.
S.D. Codified Laws § 21-47-11 — SD Code / Title 21 / Chapter 47 / Section 21-47-11
Sale by parcels to pay delinquent installments--Subsequent sales on later default
Status: in_force

If it shall appear that the mortgaged premises can be sold in parcels without injury to the interests of the parties, the decree must direct so much of the mortgaged premises to be sold as will be sufficient to pay the amount then due on such mortgage, with costs, and such judgment or decree shall remain as security for any subsequent default. In such case if there shall be any default subsequent to such judgment or decree, in the payment of any portion or installment of the principal, or of any interest due upon such mortgage, the court may, upon the application of the plaintiff, by a further order founded upon such first judgment or decree, direct the sale of so much of the mortgaged premises to be made, under such decree, as will be sufficient to satisfy the amount so due, with costs of the application and the subsequent proceeding thereon; and the same proceedings may be had as often as a default happens.

Source: CCivP 1877, §§ 628, 629; CL 1887, §§ 5442, 5443; RCCivP 1903, §§ 668, 669; RC 1919, §§ 2908, 2909; SDC 1939 & Supp 1960, § 37.2909.
S.D. Codified Laws § 21-22-14 — SD Code / Title 21 / Chapter 22 / Section 21-22-14
Annual verified report of trustee--Optional calendar year basis
Status: in_force

Within one hundred twenty days after the expiration of each year from the commencement of court supervision over a trust, the trustee shall file a verified report showing in detail its receipts, disbursements, and acts during the year.

The trustee may at its election make its annual report during the first four months of any year covering its administration during the preceding year ending December thirty-first.

Source: Supreme Court Rule, Part 3, Rule 3, adopted September, 1923; Supreme Court Rule 242, 1939; SDC 1939 & Supp 1960, § 33.2606; SL 2006, ch 243, § 12.
S.D. Codified Laws § 21-17A-2 — SD Code / Title 21 / Chapter 17A / Section 21-17A-2
Issuance and direction of writ--Contents
Status: in_force

A writ of attachment shall be issued on the request of a plaintiff any time after a summons and a complaint is filed but before final judgment. It shall be directed to the sheriff or constable of a county in which property of the defendant is supposed to be, and shall require him to attach all the property of the defendant within his county or so much thereof as may be sufficient to satisfy the plaintiff's demand, together with costs and expenses. It shall be in the name of the court and be sealed with its seal and signed by its judge.

Source: SL 1983, ch 168, § 2.
S.D. Codified Laws § 21-49-28 — SD Code / Title 21 / Chapter 49 / Section 21-49-28
Foreclosure as complete satisfaction of debt
Status: in_force

Except as provided in § 21-49-27 , such foreclosure shall operate as a complete satisfaction of the debt secured by a mortgage and judgment issued under this chapter.

Source: SL 1977, ch 187, § 17.
S.D. Codified Laws § 21-45-40 — SD Code / Title 21 / Chapter 45 / Section 21-45-40
Clerk of courts to take and hold security and investment of proceeds
Status: in_force

When the security of the proceeds of the sale is taken, or when an investment of any such proceeds is made, it must be done, except as herein otherwise provided, in the name of the clerk of courts of the county where the papers are filed, and his successors in office, who must hold the same for the use and benefit of the parties interested, subject to the order of the court.

Source: CCivP 1877, § 585; CL 1887, § 5399; RCCivP 1903, § 624; RC 1919, § 2835; SDC 1939 & Supp 1960, § 37.1432.
S.D. Codified Laws § 21-8-3 — SD Code / Title 21 / Chapter 8 / Section 21-8-3
Provisional writ abolished--Temporary restraining order and preliminary injunction substituted
Status: in_force

The writ of injunction, as a provisional remedy, is abolished, and temporary restraining orders and preliminary injunctions by order are substituted therefor. A temporary restraining order or a preliminary injunction is obtained by order of the court.

Source: CivC 1877, § 2015; CCivP 1877, § 188; CL 1887, §§ 4648, 4984; RCivC 1903, § 2360; RCCivP 1903, § 196; RC 1919, §§ 2033, 2423; SDC 1939 & Supp 1960, §§ 37.4301, 37.4304; SL 1978, ch 155, § 7.
S.D. Codified Laws § 21-18-3.1 — SD Code / Title 21 / Chapter 18 / Section 21-18-3.1
Garnishment prohibited before judgment
Status: in_force

Garnishment prior to obtaining final judgment in the principal action is prohibited.

Source: SL 1972, ch 133, § 2; SL 1990, ch 157, § 3; SL 2016, ch 116, § 3.
S.D. Codified Laws § 21-35-1.1 — SD Code / Title 21 / Chapter 35 / Section 21-35-1.1
Trans-state transmission line construction--Eminent domain
Status: in_force

A utility constructing a transmission line in this state that has obtained a permit pursuant to chapter 49-41B and approval by legislative enactment as required pursuant to § 49-41B-4.1 , is entitled to the power of eminent domain as provided by this chapter. However, such action shall not be construed to constitute approval of the use of federal eminent domain.

Source: SL 1980, ch 327, § 6.
S.D. Codified Laws § 21-47-15 — SD Code / Title 21 / Chapter 47 / Section 21-47-15
Purchase by mortgagee at sale--Fair and reasonable bid required
Status: in_force

In any foreclosure of a mortgage upon real estate by action, the holder of the mortgage may purchase the mortgaged premises, or any part thereof, at such foreclosure sale, if the holder of the mortgage bids fairly and in good faith, and bids the fair and reasonable value thereof, 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. In no event may the holder of the mortgage be required to bid a sum in excess of the debt adjudged by the court to be due, with costs and disbursements taxed in the action in which the sale is made, and costs and expenses of the sale.

Source: SL 1939, ch 146, § 1; SDC Supp 1960, § 37.29 11-1 ; SL 1989, ch 191, § 1.
S.D. Codified Laws § 21-27-27 — SD Code / Title 21 / Chapter 27 / Section 21-27-27
Discharge on second writ unlawful where crime charged--Admission to bail or remand to custody
Status: in_force

It shall not be lawful for any court or judge, on a second writ of habeas corpus, to discharge any person, if he is clearly and specifically charged in the warrant of commitment with a criminal offense; but the court or judge shall, on the return of such second writ, have power only to admit such person to bail, where the offense is bailable by law, or remand him to prison where the offense is not bailable, or where such person shall fail to give the bail required.

Source: CCrimP 1877, § 676; CL 1887, § 7844; RCCrimP 1903, § 776; RC 1919, § 4982; SDC 1939 & Supp 1960, § 37.5505.
S.D. Codified Laws § 21-17A-23 — SD Code / Title 21 / Chapter 17A / Section 21-17A-23
Basis of determination--Additional evidence--Continuance
Status: in_force

The court's determinations shall be made upon the basis of the pleadings and other papers in the record; but upon good cause shown, the court may receive and consider at the hearing additional evidence, oral or documentary, and additional points and authorities, or it may continue the hearing for the production of such additional evidence or points and authorities.

Source: SL 1983, ch 168, § 23.
S.D. Codified Laws § 21-18-42 — SD Code / Title 21 / Chapter 18 / Section 21-18-42
Defense of garnishment proceedings by principal defendant--Grounds
Status: in_force

The principal defendant may in all cases by answer duly verified, to be served within thirty days from the service of the garnishee summons on him, defend the proceeding against any garnishee upon the ground that the indebtedness of the garnishee, or any property held by him, is exempt from execution against such defendant or for any other reason is not liable to garnishment; or upon any ground upon which a garnishee might defend the same; and may participate in the trial of any issue between the plaintiff and garnishee for the protection of his interests.

Source: SL 1909, ch 156, § 14; RC 1919, § 2466; SDC 1939 & Supp 1960, § 37.2820.
S.D. Codified Laws § 21-15-13 — SD Code / Title 21 / Chapter 15 / Section 21-15-13
Justification by defendant's sureties and delivery of property--Responsibility of sheriff--Delivery to plaintiff on failure to justify
Status: in_force

The defendant's sureties, upon a notice to the plaintiff of not less than two nor more than six days, shall justify in the same manner as upon bail on arrest; upon such justification the sheriff shall deliver the property to the defendant. The sheriff shall be responsible for the sufficiency of the defendant's sureties until they justify, or until justification is completed or expressly waived, and may retain the property until that time; but if they, or others in their place, fail to justify at the time and place appointed, he shall deliver the property to the plaintiff.

Source: CCivP 1877, § 182; CL 1887, § 4978; RCCivP 1903, § 190; RC 1919, § 2417; SDC 1939 & Supp 1960, § 37.3807.
S.D. Codified Laws § 21-3-1 — SD Code / Title 21 / Chapter 3 / Section 21-3-1
General measure of damages for breach of noncontractual obligation--Foreseeability not required
Status: in_force

For the breach of an obligation not arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate for all the detriment proximately caused thereby, whether it could have been anticipated or not.

Source: CivC 1877, § 1967; CL 1887, § 4600; RCivC 1903, § 2312; RC 1919, § 1984; SDC 1939 & Supp 1960, § 37.1901.
S.D. Codified Laws § 21-48A-4 — SD Code / Title 21 / Chapter 48A / Section 21-48A-4
Judicial foreclosure action by junior lienholder before redemption period
Status: in_force

Any junior lien holder may commence a judicial foreclosure pursuant to chapter 21-47 , if commenced before the redemption period provided in § 21-48A-1 .

Source: SL 1991, ch 185, § 4.
S.D. Codified Laws § 21-16-7 — SD Code / Title 21 / Chapter 16 / Section 21-16-7
Time for appearance by defendant
Status: in_force

The time for appearance and pleading shall be five days from the time of service on the defendant or thirty days after the publication of service under § 21-16-6.1 , whichever occurs sooner. No adjournment or continuance shall be made for more than fourteen days, unless the defendant applying therefor shall give an undertaking to the plaintiff with good and sufficient surety to be approved by the court, conditioned for the payment of the rent that may accrue, together with costs if judgment be rendered against the defendant.

Source: JustC 1877, § 38; CL 1887, § 6077; RJustC 1903, § 48; RC 1919, § 2175; Supreme Court Rule 597, 1939; SDC 1939, § 37.3907; Court Rule adopted September 29, 1945; SL 2020, ch 74, § 3; SL 2024, ch 75, § 2.
S.D. Codified Laws § 21-9-3 — SD Code / Title 21 / Chapter 9 / Section 21-9-3
Unfair and unreasonable contracts not specifically enforceable
Status: in_force

Specific performance cannot be enforced against a party to a contract in any of the following cases:

(1) If he has not received an adequate consideration for the contract;

(2) If it is not, as to him, just and reasonable;

(3) If his assent was obtained by misrepresentation, concealment, circumvention, or unfair practice of any party, to whom performance would become due under the contract, or by any promise of such party which has not been substantially fulfilled;

(4) If his assent was given under the influence of mistake, misapprehension, or surprise, except that where the contract provides for compensation in case of mistake, a mistake within the scope of such provision may be compensated for, and the contract specifically enforced in other respects, if proper to be so enforced.

Source: CivC 1877, § 2000; CL 1887, § 4633; RCivC 1903, § 2345; RC 1919, § 2016; SDC 1939 & Supp 1960, § 37.4603.
S.D. Codified Laws § 21-2-9 — SD Code / Title 21 / Chapter 2 / Section 21-2-9
Damages for carrier's failure to deliver freight
Status: in_force

The detriment caused by breach of a carrier's obligation by failure to deliver freight, where he has not converted it to his own use, is deemed to be the value thereof at the place and on the day at which it should have been delivered, deducting the freightage to which he would have been entitled if he had completed the delivery.

Source: CivC 1877, § 1963; CL 1887, § 4596; RCivC 1903, § 2308; RC 1919, § 1980; SDC 1939 & Supp 1960, § 37.1808 (2).
S.D. Codified Laws § 21-35-25 — SD Code / Title 21 / Chapter 35 / Section 21-35-25
Vesting of title to property and right to compensation
Status: in_force

Title to the property interest specified in the declaration shall vest in the petitioner and the property interest shall be deemed condemned and taken for the use of the petitioner. The right to just compensation for the property interest shall vest in the persons entitled thereto either on the date the decision is rendered at the hearing provided in § 21-35-10.1 or the date the hearing is waived.

Source: SL 1983, ch 171, § 2.
S.D. Codified Laws § 21-45-26 — SD Code / Title 21 / Chapter 45 / Section 21-45-26
Judgment survives death of party
Status: in_force

No judgment is invalidated by reason of the death of any party before final judgment or decree; but such judgment or decree is as conclusive against the heirs, legal representatives, or assigns of such decedent, as if it had been entered before his death.

Source: CCivP 1877, § 562; CL 1887, § 5376; RCCivP 1903, § 601; RC 1919, § 2812; SDC 1939 & Supp 1960, § 37.1416.
S.D. Codified Laws § 21-5-1 — SD Code / Title 21 / Chapter 5 / Section 21-5-1
Liability for wrongful death where damages for injury could have been recovered--Unborn child
Status: in_force

Whenever the death or injury of a person, including an unborn child, shall be caused by a wrongful act, neglect, or default, and the act, neglect, or default is such as would have entitled the party injured to maintain an action and recover damages in respect thereto, if death had not ensued, then and in every such case, the corporation which, or the person who, would have been liable, if death had not ensued, or the personal representative of the estate of such person as such personal representative, shall be liable, to an action for damages, notwithstanding the death of the person injured, and although the death shall have been caused under such circumstances as amount in law to a felony; and when the action is against such personal representative, the damages recovered shall be a valid claim against the estate of such deceased person. However, an action under this section involving an unborn child shall be for the exclusive benefit of the mother or the lawfully married parents of the unborn child.

Source: SL 1909, ch 301, § 1; RC 1919, § 2929; SDC 1939, § 37.2201; SL 1947, ch 172; SL 1984, ch 158, § 1.
S.D. Codified Laws § 21-65-3 — SD Code / Title 21 / Chapter 65 / Section 21-65-3
Ex parte temporary protection order
Status: in_force

If an affidavit filed with a petition under § 21-65-2 alleges that the vulnerable adult is in present danger of vulnerable adult abuse before an adverse party or his or her attorney can be heard in opposition, the court may grant an ex parte temporary protection order pending a full hearing and grant relief as the court deems proper, including an order:

(1) Restraining any person from committing vulnerable adult abuse; and

(2) Excluding any person from the dwelling or the residence of the vulnerable adult.

Source: SL 2016, ch 120, § 5.
S.D. Codified Laws § 21-8-9 — SD Code / Title 21 / Chapter 8 / Section 21-8-9
Pleading in lieu of affidavit for restraining order or preliminary injunction--Service of pleading and affidavit
Status: in_force

If a complaint or other pleading is served, it may, if sufficient, be used as part of or in lieu of the affidavit for a temporary restraining order or preliminary injunction, so far as applicable, but this shall not restrict such showing by affidavit as the applicant elects to make. A copy of the complaint or other pleading, if intended as part of the showing, and a copy of any affidavit, so intended, must be served with the restraining order or injunction.

Source: CCivP 1877, §§ 190, 191; CL 1887, §§ 4986, 4987; RCCivP 1903, §§ 198, 199; RC 1919, §§ 2425, 2426; Supreme Court Rule 605, 1939; SDC 1939 & Supp 1960, § 37.4305; SL 1978, ch 155, § 13.
S.D. Codified Laws § 21-46-3 — SD Code / Title 21 / Chapter 46 / Section 21-46-3
Procedure for partition or sale
Status: in_force

The procedure to be followed shall be the same as provided in chapter 21-45 , for the partition of real estate.

Source: SL 1953, ch 208, § 3; SDC Supp 1960, § 37.14A02.
S.D. Codified Laws § 21-49-38 — SD Code / Title 21 / Chapter 49 / Section 21-49-38
Deed issued after short redemption or abandonment period--Maximum period
Status: in_force

Unless the property is redeemed from the sale within one hundred eighty days or within sixty days if the property is abandoned, from the recording of the certificate of sale, it is the duty of the person who made the sale to execute and deliver a deed of the property sold to the purchaser, or to any person who may have acquired the title and interest of the purchaser. In no event may redemption be extended beyond the period of one hundred eighty consecutive days, computed from the date the certificate is recorded.

Source: SL 1963, ch 236, § 4; SDCL, § 21-49-9; SL 1977, ch 187, § 27; SL 1988, ch 184, § 2.
S.D. Codified Laws § 21-36-23 — SD Code / Title 21 / Chapter 36 / Section 21-36-23
Real property managed by commissioner of school and public lands--Sale of property--Disposition of proceeds
Status: in_force

Any real estate recovered under the provisions of this chapter shall be surrendered by the receiver, or administrator to the commissioner of school and public lands and shall be leased and managed by him subject to the rights of recovery as provided by this chapter, and after the expiration of such right of recovery may be sold in the manner provided by law for the sale of other school and public lands; provided, that when such real estate is of an appraised value of less than one thousand dollars as determined by the Board of Appraisal provided for by § 5-9-3 , and in the opinion of the commissioner it will be to the best interest of the state that the same be sold and converted into money, he may cause the same to be sold upon the notice and in the manner provided in §§ 5-9-36 to 5-9-38 , inclusive, for the sale of improvements on public lands and the proceeds therefrom placed by the commissioner in the said special fund provided for in § 21-36-22 in case of sale of escheated personal property pending the expiration of the right of recovery as provided in § 21-36-24 .

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 § 21-16-3 — SD Code / Title 21 / Chapter 16 / Section 21-16-3
Jurisdiction of courts
Status: in_force

Any circuit court or magistrate court presided over by a magistrate judge has jurisdiction in any case of forcible entry and detainer, or of detainer only, of real property or an occupied structure within its county.

Source: SDC 1939 & Supp 1960, § 37.3901; SL 1974, ch 153, § 38; SL 1992, ch 156, § 2.
S.D. Codified Laws § 21-55-1 — SD Code / Title 21 / Chapter 55 / Section 21-55-1
Action or damages for conception or birth prohibited--"Conception" defined
Status: in_force

There shall be no cause of action or award of damages on behalf of any person based on the claim of that person that, but for the conduct of another, he would not have been conceived or, once conceived, would not have been permitted to have been born alive. The term "conception," as used in this section, means the fertilization of a human ovum by a human sperm, which occurs when the sperm has penetrated the cell membrane of the ovum.

Source: SL 1981, ch 172, § 1.
S.D. Codified Laws § 21-3-10 — SD Code / Title 21 / Chapter 3 / Section 21-3-10
Damages for wrongful injury to trees and plants
Status: in_force

The Guide for Plant Appraisal, Tenth Edition Revised, as published by the International Society of Arboriculture, shall be used as a guide to measure the actual damages for the wrongful injury to trees or plants.

Source: CivC 1877, § 1978; CL 1887, § 4611; RCivC 1903, § 2323; RC 1919, § 1995; SDC 1939 & Supp 1960, § 37.1908; SL 2007, ch 138, § 1; SL 2024, ch 74, § 1.
S.D. Codified Laws § 21-17A-14 — SD Code / Title 21 / Chapter 17A / Section 21-17A-14
Indemnification--Officer requiring
Status: in_force

If there is reasonable doubt as to the ownership of property or as to its liability to be attached, the sheriff or constable may require sufficient security from the plaintiff to indemnify him for attaching such property.

Source: SL 1983, ch 168, § 14.
S.D. Codified Laws § 21-32-14 — SD Code / Title 21 / Chapter 32 / Section 21-32-14
Execution not issued against state--Judgment certified to state auditor--Payment of damages
Status: in_force

No execution shall issue against the state on any judgment, but whenever final judgment against the state shall have been obtained in any action under §§ 21-32-10 to 21-32-13 , inclusive, the clerk of the Supreme Court shall make and furnish to the state auditor a duly certified transcript of such judgment, and the auditor shall thereupon audit the amount of damages and costs therein awarded, and the same shall be paid out of the state treasury.

Source: SL 1890, ch 1, § 4; RCCivP 1903, § 28; RC 1919, § 2112; SDC 1939 & Supp 1960, § 33.0604.
S.D. Codified Laws § 21-49-18 — SD Code / Title 21 / Chapter 49 / Section 21-49-18
Other recovery proceedings to be stated in 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 a recovery has been had, whether any and what part thereof has been collected.

Source: SL 1977, ch 187, § 8.
S.D. Codified Laws § 21-40-1 — SD Code / Title 21 / Chapter 40 / Section 21-40-1
Action against adjoining landowner to determine boundary
Status: in_force

An action may be brought in the circuit court by any person owning land or any interest therein against the owner or persons interested in adjoining land to have the boundary lines thereof established.

Source: SL 1923, ch 140, § 1; SDC 1939 & Supp 1960, § 37.1301.
S.D. Codified Laws § 21-61-4 — SD Code / Title 21 / Chapter 61 / Section 21-61-4
Short title of chapter
Status: in_force

This chapter may be cited as the Commonsense Consumption Act.

Source: SL 2004, ch 146, § 4.
S.D. Codified Laws § 21-38-7 — SD Code / Title 21 / Chapter 38 / Section 21-38-7
Loss or destruction without fault of applicant shown in application for restoration
Status: in_force

The application for restoration of a public record shall show that such loss or destruction happened without willful act, neglect, or connivance of the applicant.

Source: SL 1893, ch 142, § 1; RCCivP 1903, § 879; SL 1903, ch 193; RC 1919, §§ 3047, 3048; Supreme Court Rule 570, 1939; SDC 1939 & Supp 1960, § 37.1103 (3).
S.D. Codified Laws § 21-19-1 — SD Code / Title 21 / Chapter 19 / Section 21-19-1
Definition of terms
Status: in_force

As used in this chapter unless the context otherwise plainly requires:

(1) "Absolute exemptions" means property which, under chapters 43-31 and 43-45 , is absolutely exempt from levy;

(2) "Additional exemptions" means additional property which may be claimed as exempt under chapter 43-45 ;

(3) "Claim" means a claim of exemptions as provided in this chapter;

(4) "Claimant" means a debtor or a dependent of debtor making claim of exemptions;

(5) "Court" means the court wherein the action is brought in which action the levy is made;

(6) "Creditor" means a person for whose benefit any such process is used;

(7) "Debtor" means a person on whose property levy has been made;

(8) "Levy" means any garnishment, attachment, or any seizure or levy whatsoever under execution or any other judicial process for the purpose of satisfying or securing the claim or demand of a creditor;

(9) "Officer" means a person making such levy;

(10) "Property" means any property whether real, personal, or mixed.

Source: SDC 1939 & Supp 1960, § 37.4901.
S.D. Codified Laws § 21-63-9 — SD Code / Title 21 / Chapter 63 / Section 21-63-9
Product not in compliance with mandatory government contract specification
Status: in_force

If the injury-causing aspect of the aviation product was not, at the time of manufacture, in compliance with a mandatory government contract specification relating to design, or if the specification related to warnings or instructions that were not in compliance with a mandatory government contract specification relating to warnings or instruction, no presumption exists and the burdens of proof applicable to nonaviation products liability actions apply.

Source: SL 2011, ch 113, § 9.
S.D. Codified Laws § 21-45-1 — SD Code / Title 21 / Chapter 45 / Section 21-45-1
Property subject to partition or sale--Persons entitled to bring action
Status: in_force

When several cotenants hold and are in possession of real 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 appear that a partition cannot be made without great prejudice to the owners.

Source: CCivP 1877, § 548; CL 1887, § 5362; RCCivP 1903, § 587; RC 1919, § 2798; SDC 1939 & Supp 1960, § 37.1401.
S.D. Codified Laws § 21-27-22 — SD Code / Title 21 / Chapter 27 / Section 21-27-22
Bail without surety pending review of order discharging prisoner
Status: in_force

Pending appellate review of an order discharging a prisoner on habeas corpus, he shall be admitted to bail without surety.

Source: Supreme Court Rule 623, 1939; SDC 1939 & Supp 1960, § 37.5509 (4).
S.D. Codified Laws § 21-23-1 — SD Code / Title 21 / Chapter 23 / Section 21-23-1
Scope of chapter
Status: in_force

This chapter is intended to cover, and provide uniform procedure in all proceedings to sell property in court trusts, receiverships, and any other cases where property is in the custody of an officer of the court and no specific provisions of law exist prescribing judicial procedure in ordering and confirming the sale of such property.

Source: Supreme Court Order No. 2 (1) adopted October 12, 1944; SDC Supp 1960, § 33.26A01.
S.D. Codified Laws § 21-23-8 — SD Code / Title 21 / Chapter 23 / Section 21-23-8
Court order after hearing on application to sell
Status: in_force

On hearing the application to sell, the court may make such order as in the discretion of the court will best protect the rights of all persons interested in the property.

Source: Supreme Court Order No. 2 (7) adopted October 12, 1944; SDC Supp 1960, § 33.26A07.
S.D. Codified Laws § 21-42-6 — SD Code / Title 21 / Chapter 42 / Section 21-42-6
Contents of complaint
Status: in_force

The complaint shall, among other things, set forth the description of the real property involved, the year in which the delinquent taxes were assessed, the amount for which the property was sold, the amount of taxes subsequently paid, the date of the sale of said property, the person to whom sold, the nature of the interest in each separate part of said land held by the respective defendants, or any of them and the amount of money necessary to redeem said lands from said sale.

Source: SL 1941, ch 161, § 2; SL 1943, ch 140; SDC Supp 1960, § 37.16A02.
S.D. Codified Laws § 21-32-9 — SD Code / Title 21 / Chapter 32 / Section 21-32-9
Service on attorney general in property action involving state--Appearance and representation of state
Status: in_force

When the State of South Dakota is made defendant pursuant to § 21-32-8 , service shall be made upon it by the service of a copy of the summons and complaint upon the attorney general, who shall represent the state in the action and protect its rights and interest, if any it has in said real or personal property and he may require the state's attorney of the county where said property is situated to assist him in such litigation.

Source: SL 1919, ch 156, § 2; SL 1923, ch 141; SDC 1939 & Supp 1960, § 33.0403.
S.D. Codified Laws § 21-15-15 — SD Code / Title 21 / Chapter 15 / Section 21-15-15
Notice to sheriff of third-party claim to property--Indemnity required of plaintiff
Status: in_force

If the property taken be claimed by any other person than the defendant or his agent, and such person shall make affidavit of his title thereto and right to the possession thereof, stating the grounds of such right and title, and serve the same upon the sheriff, the sheriff shall not be bound to keep the property or deliver it to the plaintiff, unless the plaintiff, on demand of him or his agent, shall indemnify the sheriff against such claim by an undertaking or deposit, in amount and sufficiency as required in the original affidavit for the delivery. No claim to such property by any other person than the defendant or his agent shall be valid against the sheriff, unless made as aforesaid; and notwithstanding such claim, when so made, he may retain the property a reasonable time to demand such indemnity.

Source: CCivP 1877, § 186; CL 1887, § 4982; RCCivP 1903, § 194; RC 1919, § 2421; SDC 1939 & Supp 1960, § 37.3805.
S.D. Codified Laws § 21-49-36 — SD Code / Title 21 / Chapter 49 / Section 21-49-36
Certificate of redemption--Contents
Status: in_force

Upon such redemption, the person who made the sale shall execute and deliver to the person making redemption a certificate of redemption duly acknowledged setting forth the fact of such redemption, the amount paid, specifying the items required to be paid under the terms of this chapter and the date of such redemption.

Source: SL 1977, ch 187, § 25.
S.D. Codified Laws § 21-34-11 — SD Code / Title 21 / Chapter 34 / Section 21-34-11
Reinvoking contempt process on continuing violation
Status: in_force

Nothing contained in this chapter shall prevent reinvoking such contempt process if disobedience or violation continues after payment of the fine or service of the confinement sentence has been completed.

Source: SDC 1939, § 65.0107.
S.D. Codified Laws § 21-52-14 — SD Code / Title 21 / Chapter 52 / Section 21-52-14
Amounts required for redemption from sale--Superior lien of purchaser included
Status: in_force

Any redemptioner may redeem from the purchaser at any sale described in § 21-52-1 , by paying to the sheriff or other person appointed by a court to make the sale, the amount of the purchase price, plus any sums paid by the purchaser to protect his interest in such property for taxes, insurance, installments of principal or interest upon a superior lien, with interest at the legal rate as specified in § 54-3-5.1 from date of sale upon the purchase price of the property, and from the date of the payment of any sum paid for taxes, insurance or installments of principal or interest on a prior lien. If the purchaser is the holder of a lien upon real property other than that under which sale was made, which is superior to the lien of the redemptioner, the redemptioner shall likewise pay the amount of the additional lien, including interest to the date of payment.

Source: SL 1949, ch 142, § 9; SDC Supp 1960, § 37.5609; SL 1983, ch 173.
S.D. Codified Laws § 21-31-6 — SD Code / Title 21 / Chapter 31 / Section 21-31-6
Service of writ
Status: in_force

The writ of certiorari must be served in the same manner as a summons in a civil action, except when otherwise expressly directed by the court.

Source: CCivP 1877, § 690; CL 1887, § 5512; RCCivP 1903, § 759; RC 1919, § 3001; Supreme Court Rule 560, 1939; SDC 1939 & Supp 1960, § 37.0406.
S.D. Codified Laws § 21-18-1 — SD Code / Title 21 / Chapter 18 / Section 21-18-1
Actions or small claims proceedings in which garnishment available--Persons and agencies subject to garnishment
Status: in_force

In any action or small claims proceeding to recover damages founded upon contract, express or implied, or pursuant to judgment or decree, any creditor is entitled to proceed by garnishment in any court having jurisdiction of the subject of the action, against any person, as defined in § 15-7-1 , including the state and any municipal or public corporation, and including any corporation organized or authorized to be organized by or under the laws of any state or of the United States, which has the power to sue or be sued who shall be indebted to or have any property, real or personal, in its possession or under its control belonging to such creditor's debtor, in the cases, upon the conditions, and in the manner prescribed in this chapter.

Source: SDC 1939, § 37.2801; SL 1939, ch 143; SL 1990, ch 157, § 1; SL 2001, ch 107, § 1.
S.D. Codified Laws § 21-3-9 — SD Code / Title 21 / Chapter 3 / Section 21-3-9
Measure of damages for holding over real property by conservator, trustee, or life tenant
Status: in_force

For willfully holding over real property by a person who entered upon the same as conservator or trustee for a minor, or by right of an estate terminable with any life or lives, after the termination of the trust or particular estate, without the consent of the party immediately entitled after such termination, the measure of damages is the value of the profits received during such holding over.

Source: CivC 1877, § 1969; CL 1887, § 4602; RCivC 1903, § 2314; RC 1919, § 1986; SDC 1939 & Supp 1960, § 37.1904; SL 1993, ch 213, § 96.
S.D. Codified Laws § 21-38-8 — SD Code / Title 21 / Chapter 38 / Section 21-38-8
Signing and verification of application for restoration
Status: in_force

The application for restoration of a public record shall be signed by a licensed attorney of this state or by the applicant. If signed by an attorney, his signature shall be of the same effect as the signature to a complaint in a civil action. If signed by the applicant it must be verified or supported by his affidavit.

Source: SL 1893, ch 142, § 1; RCCivP 1903, § 879; SL 1903, ch 193; RC 1919, §§ 3047, 3048; Supreme Court Rule 570, 1939; SDC 1939 & Supp 1960, § 37.1103 (6).
S.D. Codified Laws § 21-36-13 — SD Code / Title 21 / Chapter 36 / Section 21-36-13
Concurrent remedies by action and participation in probate proceedings
Status: in_force

The right of action created by this chapter shall be concurrent with and in addition to the right of the state to conduct or participate in probate proceedings affecting the same property, and the two methods of procedure hereby authorized may be conducted without interference with each other, subject to the provisions of §§ 21-36-14 to 21-36-16 , inclusive.

Source: SL 1909, ch 104, § 2; RC 1919, § 3050; SL 1921, ch 228, § 1; SDC 1939 & Supp 1960, § 37.4202.
S.D. Codified Laws § 21-45-31 — SD Code / Title 21 / Chapter 45 / Section 21-45-31
Order for sale at site of property--Reservation of power to receive higher bid at hearing
Status: in_force

In the order for sale the court may provide for a sale at the site of the property upon a showing that it would be advantageous to have the sale where the property is located, and shall also provide that the sale may not be confirmed should a higher and better bid, in an amount to be specified in said order, be filed in writing at the hearing upon the report of sale by the referee.

Source: SDC 1939, § 37.1430 as added by SL 1943, ch 137, § 1; SL 1957, ch 193.
S.D. Codified Laws § 21-25A-9 — SD Code / Title 21 / Chapter 25A / Section 21-25A-9
Appointment of arbitrators according to agreement--Appointment by court
Status: in_force

Except as provided by chapter 21-25B , if the arbitration agreement provides a method of appointment of arbitrators, this method shall be followed. In the absence thereof, or if the agreed method fails or for any reason cannot be followed, or when an arbitrator appointed fails or is unable to act and his successor has not been duly appointed, the court on application of a party shall appoint one or more arbitrators. An arbitrator so appointed has all the powers of one specifically named in the agreement.

Source: SL 1971, ch 157, § 3; SL 1976, ch 155, § 4.
S.D. Codified Laws § 21-1-9 — SD Code / Title 21 / Chapter 1 / Section 21-1-9
Value of instrument presumed equal to value of property represented
Status: in_force

For the purpose of estimating damages the value of an instrument in writing is presumed to be equal to that of the property to which it entitles its owner.

Source: CivC 1877, § 1982; CL 1887, § 4615; RCivC 1903, § 2327; RC 1919, § 1999; SDC 1939 & Supp 1960, § 37.1710.
S.D. Codified Laws § 21-68-2 — SD Code / Title 21 / Chapter 68 / Section 21-68-2
Limitation--Actions--Diagnosis--Intentional exposure
Status: in_force

A person may not bring or maintain any action or claim for damages or relief alleging exposure or potential exposure to COVID-19 unless the exposure results in a COVID-19 diagnosis and the exposure is the result of intentional exposure with the intent to transmit COVID-19. In alleging intentional exposure with the intent to transmit COVID-19, a party shall 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, § 2.
S.D. Codified Laws § 21-57-4 — SD Code / Title 21 / Chapter 57 / Section 21-57-4
Notice of dishonor--Writing--Service
Status: in_force

Notice that a check, draft, or order has not been paid upon presentment shall be in writing and given in person and receipted for, or by personal service, or by depositing the notice by certified mail, return receipt requested and postage prepaid, in the United States mail and addressed to such person at the address shown on the check or at the most recent address known to the sender. If the notice is mailed and not returned as undeliverable by the United States Postal Service, notice shall be conclusively presumed to have been given on the date of mailing. For the purposes of this section, the term, undeliverable, does not include unclaimed or refused.

Source: SL 1999, ch 112, § 4.
S.D. Codified Laws § 21-44-18 — SD Code / Title 21 / Chapter 44 / Section 21-44-18
Denial of petition if proof insufficient--Order to proceed in quiet title action
Status: in_force

If the court is not satisfied with the proof finally offered, the court may deny the petition or order the petitioner to proceed under chapter 21-41 .

Source: Supreme Court Rule adopted August 10, 1943; SDC Supp 1960, § 37.1206.
S.D. Codified Laws § 21-13-2 — SD Code / Title 21 / Chapter 13 / Section 21-13-2
Partial cancellation of instrument
Status: in_force

Where an instrument is evidence of different rights or obligations, it may be canceled in part and allowed to stand for the residue.

Source: CivC 1877, § 2013; CL 1887, § 4646; RCivC 1903, § 2358; RC 1919, § 2029; SDC 1939 & Supp 1960, § 37.0802.
S.D. Codified Laws § 21-10-14 — SD Code / Title 21 / Chapter 10 / Section 21-10-14
Approval required for dismissal of action against house of ill fame--Substitution of parties plaintiff
Status: in_force

If the complaint in an action pursuant to § 21-10-11 is filed by a citizen, it shall not be dismissed except upon a sworn statement made by the plaintiff and his attorney setting forth the reasons why the action should be dismissed, and the dismissal approved by the state's attorney, in writing, or in open court. If the court is of the opinion that the action ought not to be dismissed, he may direct the state's attorney to prosecute said action to judgment, and if the action is continued more than one term of court, any citizen of the county or the state's attorney may be substituted for the party plaintiff and prosecute said action to judgment.

Source: SL 1913, ch 123, § 3; RC 1919, § 2080; SDC 1939 & Supp 1960, § 37.4803.
S.D. Codified Laws § 21-24-12 — SD Code / Title 21 / Chapter 24 / Section 21-24-12
Further relief after declaratory judgment--Application and order to show cause
Status: in_force

Further relief based on a declaratory judgment or decree may be granted whenever necessary or proper. The application therefor shall be by petition to a court having jurisdiction to grant the relief. If the application be deemed sufficient, the court shall, on reasonable notice require any adverse party whose rights have been adjudicated by the declaratory judgment or decree to show cause why further relief should not be granted forthwith.

Source: SL 1925, ch 214, § 8; SDC 1939 & Supp 1960, § 37.0108.
S.D. Codified Laws § 21-27-17 — SD Code / Title 21 / Chapter 27 / Section 21-27-17
New commitment in criminal case to remedy defects in previous commitment--Admission of applicant to bail
Status: in_force

In all cases where the imprisonment is in a criminal, or supposed criminal matter, if it shall appear to the court or judge that there is sufficient legal cause for the commitment of the applicant, although such commitment may have been informally made or without due authority, or the process may have been executed by a person not authorized, the court or judge shall make a new commitment in proper form, directed to the proper officer, or shall admit the applicant to bail, if the case be bailable, as upon a preliminary examination.

Source: CCrimP 1877, § 673; CL 1887, § 7841; RCCrimP 1903, § 773; RC 1919, § 4980; SDC 1939 & Supp 1960, § 37.5504.
S.D. Codified Laws § 21-6-1 — SD Code / Title 21 / Chapter 6 / Section 21-6-1
Action by loser for recovery of losses--Persons liable--Limitation of actions
Status: in_force

Any person who shall lose any thing of value at any game, or by betting on any game, may recover the same or the value thereof from any other person playing at the game at which such thing was lost, or from the person with whom the bet was made, or from the proprietor of the place where the game was played, in a civil action, in which such proprietor and all persons engaged in the game may be joined as parties; provided that such action shall have been commenced within six months after the date of such loss.

Source: SL 1907, ch 155, §§ 1, 4; RC 1919, § 3927; SDC 1939, § 24.0103.
S.D. Codified Laws § 21-52-1 — SD Code / Title 21 / Chapter 52 / Section 21-52-1
Redemption defined--Sales subject to redemption
Status: in_force

Redemption is the right to repay the amount paid for real property or any interest thereon, sold on foreclosure of a real estate mortgage or on special or general execution against the property of a judgment debtor, or upon the foreclosure of any lien upon such real property other than a lien for taxes or special assessment.

Source: SL 1949, ch 142, § 1; SDC Supp 1960, § 37.5601.
S.D. Codified Laws § 21-52-16 — SD Code / Title 21 / Chapter 52 / Section 21-52-16
Notice of redemption served on purchaser or sheriff--Contents--Payment--Recording of notice
Status: in_force

A redemptioner must serve upon the purchaser from whom he seeks to redeem, or upon his successor in interest, and upon the sheriff or officer making the sale, or his successor, a written notice of redemption, and

(1) If he redeem as holder of a judgment, a copy of the judgment upon which he claims the right to redeem, certified by the clerk of courts of the county where docketed; or

(2) If he redeem as holder of a mortgage or other lien, a copy of the record thereof certified by the register of deeds, together with a certified copy of any assignment necessary to establish his claim, and an affidavit by himself or his agent, showing the amount then actually due on the lien;

Source: SL 1949, ch 142, § 10; Supreme Court Rule, Order No. 2, 1956; SDC Supp 1960, § 37.5610.
S.D. Codified Laws § 21-9-2 — SD Code / Title 21 / Chapter 9 / Section 21-9-2
Obligations and agreements not specifically enforceable
Status: in_force

The following obligations cannot be specifically enforced:

(1) An obligation to render personal service;

(2) An obligation to employ another in personal service;

(3) An agreement to submit a controversy to arbitration except as authorized in the Uniform Arbitration Act;

(4) An agreement to perform an act which the party has not power lawfully to perform when required to do so;

(5) An agreement to procure the act or consent of the spouse of the contracting party, or of any other third person;

(6) An agreement, the terms of which are not sufficiently certain, to make the precise act which is to be done clearly ascertainable.

Source: CivC 1877, § 1999; CL 1887, § 4632; RCivC 1903, § 2344; RC 1919, § 2015; SDC 1939 & Supp 1960, § 37.4602; SL 1971, ch 157, § 26; SL 1979, ch 149, § 11.
S.D. Codified Laws § 21-50-6 — SD Code / Title 21 / Chapter 50 / Section 21-50-6
Clerk's certificate as to noncompliance with judgment--Conclusive evidence of facts
Status: in_force

Unless such record of compliance with the judgment is made on or before the date fixed for such compliance in the judgment, the clerk of the court shall certify that the time for compliance with said judgment has expired and that no compliance has been made and that the same has become the final judgment of the court, which certificate may be endorsed upon or attached to the judgment, and shall be dated, signed, sealed, and filed by the clerk of the court and shall be conclusive evidence of the facts necessary to establish the judgment as final so far as the rights of subsequent purchasers and encumbrancers in good faith and for value are concerned.

Source: SDC 1939 & Supp 1960, § 37.3101.
S.D. Codified Laws § 21-17A-17 — SD Code / Title 21 / Chapter 17A / Section 21-17A-17
Defendant's bond for release from attachment--Justification of sureties
Status: in_force

The defendant may, at any time before judgment, deliver to the sheriff or constable who attached his property a corporate surety bond or a bond executed by two sureties, to the effect that they shall, on demand, pay to the plaintiff the amount of the judgment, with all costs, that may be recovered against the defendant in the action, not exceeding the sum specified in the bond with interest. The bond shall be in the amount alleged by the plaintiff to be due. The sureties shall justify as provided in § 21-17A-7 , and may be accepted if they are jointly responsible for the required sum.

Source: SL 1983, ch 168, § 17.
S.D. Codified Laws § 21-54-1 — SD Code / Title 21 / Chapter 54 / Section 21-54-1
Remedy available where no other summary procedure provided
Status: in_force

In all cases where no other procedure is provided for summary foreclosure of any personal property lien, or pledge, the same may be foreclosed as hereinafter provided in this chapter.

Source: SDC 1939 & Supp 1960, § 37.3401.
S.D. Codified Laws § 21-3B-1 — SD Code / Title 21 / Chapter 3B / Section 21-3B-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Annuity issuer," an insurer that has issued a contract to fund periodic payments under a structured settlement;

(2) "Dependents," a payee's spouse and any minor child and any other person for whom the payee is legally obligated to provide support, including alimony;

(3) "Discounted present value," the present value of future payments determined by discounting such payments to the present using the most recently published applicable federal rate for determining the present value of an annuity, as issued by the United States Internal Revenue Service;

(4) "Gross advance amount," the sum payable to the payee or for the payee's account as consideration for a transfer of structured settlement payment rights before any reductions for transfer expenses or other deductions to be made from such consideration;

(5) "Independent professional advice," advice of an attorney, certified public accountant, actuary, or other licensed professional advisor;

(6) "Interested parties," with respect to any structured settlement, the payee, any beneficiary irrevocably designated under the annuity contract to receive payments following the payee's death, the annuity issuer, the structured settlement obligor, and any other party that has continuing rights or obligations under such structured settlement;

(7) "Net advance amount," the gross advance amount less the aggregate amount of the actual and estimated transfer expenses required to be disclosed under § 21-3B-2(5);

(8) "Payee," an individual who is receiving tax free payments under a structured settlement and proposes to make a transfer of payment rights thereunder;

(9) "Periodic payments," includes both recurring payments and scheduled future lump sum payments;

(10) "Qualified assignment agreement," an agreement providing for a qualified assignment within the meaning of section 130 of the United States Internal Revenue Code, United States Code Title 26, as of January 1, 2001;

(11) "Responsible administrative authority," with respect to a structured settlement, any governmental authority vested by law with exclusive jurisdiction over the settled claim resolved by such structured settlement;

(12) "Settled claim," the original tort claim or workers' compensation claim resolved by a structured settlement;

(13) "Structured settlement," an arrangement for periodic payment of damages for personal injuries or sickness established by settlement or judgment in resolution of a tort claim or for periodic payments in settlement of a workers' compensation claim;

(14) "Structured settlement agreement," the agreement, judgment, stipulation, or release embodying the terms of a structured settlement;

(15) "Structured settlement obligor," with respect to any structured settlement, the party that has the continuing obligation to make periodic payments to the payee under a structured settlement agreement or a qualified assignment agreement;

(16) "Structured settlement payment rights," rights to receive periodic payments under a structured settlement, whether from the structured settlement obligor or the annuity issuer, if at least one of the following applies:

(a) The payee is domiciled in, or the domicile or principal place of business of the structured settlement obligor or the annuity issuer is located in, this state; or

(b) The structured settlement agreement was approved by a court or responsible administrative authority in this state; or

(c) The structured settlement agreement is expressly governed by the laws of this state;

(17) "Terms of the structured settlement," include, with respect to any structured settlement, the terms of the structured settlement agreement, the annuity contract, any qualified assignment agreement, and any order or other approval of any court or responsible administrative authority or other government authority that authorized or approved such structured settlement;

(18) "Transfer," any sale, assignment, pledge, hypothecation, or other alienation or encumbrance of structured settlement payment rights made by a payee for consideration. The term, transfer, does not include the creation of perfection of a security interest in structured settlement payment rights under a blanket security agreement entered into with an insured depository institution, in the absence of any action to redirect the structured settlement payments to such insured depository institution, or an agent or successor in interest thereof, or otherwise to enforce such blanket security interest against the structured settlement payment rights;

(19) "Transfer agreement," the agreement providing for a transfer of structured settlement payment rights;

(20) "Transfer expenses," any expenses of a transfer that are required under the transfer agreement to be paid by the payee or deducted from the gross advance amount, including court filing fees, attorneys fees, escrow fees, lien recordation fees, judgment and lien search fees, finders' fees, commissions, and other payments to a broker or other intermediary. Transfer expenses do not include preexisting obligations of the payee payable for the payee's account from the proceeds of a transfer;

(21) "Transferee," a party acquiring or proposing to acquire structured settlement payment rights through a transfer.

Source: SL 2001, ch 106, § 1.
S.D. Codified Laws § 21-54-13 — SD Code / Title 21 / Chapter 54 / Section 21-54-13
Civil action for deficiency
Status: in_force

If there be any deficiency, the lien claimant may recover therefor by civil action or otherwise as his rights may appear.

Source: SDC 1939 & Supp 1960, § 37.3408.
S.D. Codified Laws § 21-19-24 — SD Code / Title 21 / Chapter 19 / Section 21-19-24
Hearing on appraisement--Valuations accepted unless questioned--Recitals in court order on appraisement
Status: in_force

Upon such appraisement being filed either the claimant or the creditor may bring such matter on for hearing upon reasonable notice to be fixed by the court. Upon such hearing the court shall determine the disputed questions of fact relevant to the debtor's right to be allowed exemptions and evidence in the form of affidavits may be received. Valuations where disputed shall be accepted as fixed by the appraisement, if the court approves the appraisement, which shall be accepted as correct, unless questioned by one of the parties in which event the party questioning the appraisement shall have the burden of showing it should not be approved. If the court disapproves the appraisement, the court shall determine from evidence offered the valuations which are in dispute. The court need not make any formal findings of fact or conclusions of law as to disputed questions, but the court's order, provided for in § 21-19-26 , must recite briefly the court's findings on disputed issues.

Source: SDC 1939 & Supp 1960, § 37.4908.
S.D. Codified Laws § 21-3A-12 — SD Code / Title 21 / Chapter 3A / Section 21-3A-12
Rules established by director of Division of Insurance
Status: in_force

The director of the Division of Insurance shall establish rules:

(1) For determining which insurers, self - insurers, plans, or arrangements are financially qualified to provide the security required under this Act and to be designated as qualified insurers;

(2) To require insurers to post security under § 21-3A-8 if found by the court to be obligated and capable of posting security; and

(3) For publishing prior to January first of each year the rate of discount per annum set out in § 21-3A-6 .

Source: SL 1986, ch 163, § 12.
S.D. Codified Laws § 21-45-51 — SD Code / Title 21 / Chapter 45 / Section 21-45-51
Application of proceeds of sale of encumbered property
Status: in_force

The proceeds of the sale of encumbered property must be applied under the direction of the court as follows:

(1) To pay its just proportion of the general costs of the action;

(2) To pay the costs of the reference;

(3) To satisfy and cancel of record the several liens in their order or priority, by payment of the sums due and to become due; the amount due to be verified by affidavit at the time of payment;

(4) The residue among the owners of the property sold, according to their respective shares therein.

Source: CCivP 1877, § 567; CL 1887, § 5381; RCCivP 1903, § 606; RC 1919, § 2817; SDC 1939 & Supp 1960, § 37.1418.
S.D. Codified Laws § 21-25B-23 — SD Code / Title 21 / Chapter 25B / Section 21-25B-23
Discovery procedures--Evidence--Privilege and confidentiality--Hearings closed to public
Status: in_force

The discovery rules contained in the South Dakota Rules of Civil Procedure shall apply to proceedings before the health care services arbitration panel. Any motion for relief arising out of the use of such discovery procedures shall be decided by the arbitration officer. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The panel shall give effect to rules of privilege and confidentiality recognized by law. All hearings before the arbitration panel shall be closed to the public.

Source: SL 1976, ch 155, §§ 21, 24.
S.D. Codified Laws § 21-15-11 — SD Code / Title 21 / Chapter 15 / Section 21-15-11
Qualifications and justification of plaintiff's sureties
Status: in_force

The qualifications of sureties and their justification shall be as prescribed in § 21-15-11.1 , except that one personal surety, or a surety company authorized to do business in this state, or a cash deposit, shall be sufficient.

Source: CCivP 1877, § 183; CL 1887, § 4979; RCCivP 1903, § 191; RC 1919, § 2418; SDC 1939 & Supp 1960, § 37.3807; SL 1984, ch 159, § 6.
S.D. Codified Laws § 21-17A-28 — SD Code / Title 21 / Chapter 17A / Section 21-17A-28
Satisfaction of judgment for plaintiff--Delivery of remaining property
Status: in_force

If a plaintiff recovers judgment in the action, the sheriff or constable shall satisfy the same out of the property attached, if sufficient therefor:

(1) By paying all money attached or received on sales of property, or on any debts or credits, or so much thereof as shall be necessary to the plaintiff;

(2) By selling, under such execution as may be issued on such judgment, so much of the attached property, real or personal, as is necessary to satisfy the unpaid balance, according to the provisions regulating sales upon execution, except as provided in subdivision (4) of this section;

(3) If any of the attached property belonging to the defendant is not in the sheriff's or constable's hands, without having been sold or converted into money, by repossessing the same, and for that purpose, the sheriff or constable has the same authority which he had to seize the same under the writ of attachment. Any person who intentionally conceals or withholds such property from the sheriff or constable is liable to double damages at the suit of the party injured;

(4) Until the judgment against the defendant has been paid, the sheriff or constable shall collect the evidences of debt that may have been seized or attached by virtue of the writ of attachment, and prosecute any bond he may have taken in the course of such proceedings, and apply the proceeds thereof to the payment of the judgment and costs. When the judgment and all costs of the proceedings have been paid, the sheriff or constable, upon reasonable demand, shall deliver the residue of the property attached, or the proceeds thereof, to the defendant.

Source: SL 1983, ch 168, § 28.
S.D. Codified Laws § 21-27-15 — SD Code / Title 21 / Chapter 27 / Section 21-27-15
Judgment not inquired into on writ
Status: in_force

No court or judge, on the return of a writ of habeas corpus, shall in any other manner inquire into the legality or justice of a judgment or decree of a court legally constituted.

Source: CCrimP 1877, § 673; CL 1887, § 7841; RCCrimP 1903, § 773; RC 1919, § 4980; SDC 1939 & Supp 1960, § 37.5504.
S.D. Codified Laws § 21-65-5 — SD Code / Title 21 / Chapter 65 / Section 21-65-5
Forms for pro se actions
Status: in_force

By July 1, 2016, the Unified Judicial System shall prescribe standard forms to be used by a vulnerable adult or substitute petitioner seeking a protection order by proceeding pro se in an action pursuant to this chapter.

The clerk of the circuit court shall furnish the required forms to any person seeking a protection order through pro se proceedings pursuant to this chapter.

Source: SL 2016, ch 120, § 7.
S.D. Codified Laws § 21-57-3 — SD Code / Title 21 / Chapter 57 / Section 21-57-3
No liability in certain circumstances
Status: in_force

The maker, drawer, or issuer is not liable for the damages and costs specified in § 21-57-1 if:

(1) The account contained sufficient funds or credit to cover the check, draft, or order at the time the check, draft, or order was issued, plus all other checks, drafts, and orders on the account then outstanding and unpaid; or

(2) The check, draft, or order was not paid because a paycheck, deposited in the account in an amount sufficient to cover the check, draft, or order, was not paid upon presentation; or

(3) Funds sufficient to cover the check, draft, or order were garnished, attached, or setoff and the maker, drawer, or issuer had no notice of such garnishment, attachment, or setoff at the time the check, draft, or order was issued; or

(4) The maker of the check, draft, or order was not competent or of full age to enter into a legal contractual obligation at the time the check, draft, or order was issued; or

(5) The making of the check, draft, or order was induced by fraud or duress; or

(6) The transaction which gave rise to the obligation for which the check, draft, or order was given lacked consideration or was illegal.

Source: SL 1999, ch 112, § 3.
S.D. Codified Laws § 21-24-10 — SD Code / Title 21 / Chapter 24 / Section 21-24-10
Judgment refused where controversy would not be terminated
Status: in_force

The court may refuse to render or enter a declaratory judgment or decree where such judgment or decree, if rendered or entered, would not terminate the uncertainty or controversy giving rise to the proceeding.

Source: SL 1925, ch 214, § 6; SDC 1939 & Supp 1960, § 37.0106.
S.D. Codified Laws § 21-11-4 — SD Code / Title 21 / Chapter 11 / Section 21-11-4
Revision and specific enforcement in combined or separate proceedings
Status: in_force

A contract may be revised and specifically enforced in one proceeding or in separate proceedings.

Source: CivC 1877, § 2007; CL 1887, § 4640; RCivC 1903, § 2352; RC 1919, § 2023; SDC 1939 & Supp 1960, § 37.0604.
S.D. Codified Laws § 21-36-12 — SD Code / Title 21 / Chapter 36 / Section 21-36-12
Receiver appointed on application by state
Status: in_force

Upon the filing of said complaint, the court may, upon application of the state's attorney or attorney general, either before or after answer, upon notice to the party claiming such estate, if known, sufficient cause therefor being shown, appoint a receiver to take charge of said estate, and receive the rents and profits of the same until the rights of the parties are finally determined.

Source: SL 1909, ch 104, § 5; RC 1919, § 3053; SDC 1939 & Supp 1960, § 37.4204.
S.D. Codified Laws § 21-25A-30 — SD Code / Title 21 / Chapter 25A / Section 21-25A-30
Confirmation of award after determining application to correct or modify
Status: in_force

If the application to modify or correct an award is granted, the court shall modify and correct the award so as to effect its intent and shall confirm the award as so modified and corrected. Otherwise, the court shall confirm the award as made.

Source: SL 1971, ch 157, § 14.
S.D. Codified Laws § 21-41-13 — SD Code / Title 21 / Chapter 41 / Section 21-41-13
Disclaimer by defendant to avoid costs
Status: in_force

If the defendant in an action to determine adverse claims disclaim in his answer any interest or estate in the property or suffer judgment to be taken against him without answer, the plaintiff cannot recover costs except as provided in § 21-41-3 .

Source: CCivP 1877, § 636; CL 1887, § 5450; RCCivP 1903, § 676; RC 1919, § 2866; SDC 1939 & Supp 1960, § 37.1523.
S.D. Codified Laws § 21-34-1 — SD Code / Title 21 / Chapter 34 / Section 21-34-1
Administrative actions enforceable under chapter--Statutory violation defined as contempt
Status: in_force

Whenever it is provided in any statute in substance to the effect, that the failure to obey the process, subpoena, order, rule, regulation, judgment, or other legal command of any public officer, department, commission, board, or tribunal, or that violation of any statute may be punished as a contempt of court, or that obedience to anything may be commanded or violation of anything punished as a contempt of court and no other method is specifically provided for invoking the contempt process of the court, the same may be done as provided by this chapter.

Source: SDC 1939, § 65.0107.
S.D. Codified Laws § 21-51-4 — SD Code / Title 21 / Chapter 51 / Section 21-51-4
Joinder of two or more applications for discharge
Status: in_force

The application, petition, or complaint may join in one application, petition, or complaint two or more applications for the discharge of an expired contract, bond, mortgage, or lien of record.

Source: Supreme Court Rule adopted October 20, 1947; SDC Supp 1960, § 37.0903.
S.D. Codified Laws § 21-25A-3 — SD Code / Title 21 / Chapter 25A / Section 21-25A-3
Insurance policies not covered--Arbitration agreements void
Status: in_force

This chapter does not apply to insurance policies and every provision in any such policy requiring arbitration or restricting a party thereto or beneficiary thereof from enforcing any right under it by usual legal proceedings in ordinary tribunals or limiting the time to do so is void and unenforceable. However, nothing in this chapter may be deemed to impair the enforcement of or invalidate a contractual provision for arbitration entered into between insurance companies.

Source: SL 1971, ch 157, § 24; SL 1976, ch 155, § 2; SL 1997, ch 125, § 1.
S.D. Codified Laws § 21-27-16 — SD Code / Title 21 / Chapter 27 / Section 21-27-16
Causes for discharge of applicant committed on judicial process
Status: in_force

If it appears on the return of a writ of habeas corpus that the applicant is in custody by virtue of process from any court legally constituted, he can be discharged only for one or more of the following causes:

(1) When the court has exceeded the limit of its jurisdiction, either as to the matter, place, sum, or person;

(2) Where, though the original imprisonment was lawful, yet by some act, omission, or event, which has subsequently taken place, the party has become entitled to his discharge;

(3) Where the process is defective in some substantial form required by law;

(4) Where the process, though in proper form, has been issued in a case or under circumstances where the laws do not allow process or orders for imprisonment or arrest to issue;

(5) When, although in proper form, the process has been issued or executed by a person either unauthorized to issue or execute the same, or where the person having the custody of the applicant, under the process, is not the person empowered by law to detain him;

(6) Where the process appears to have been obtained by fraud, false pretense, or bribery;

(7) Where there is no general law nor any judgment, order, or decree of a court to authorize the process, if in a civil suit, nor any conviction, if in a criminal proceeding.

Source: CCrimP 1877, § 673; CL 1887, § 7841; RCCrimP 1903, § 773; SL 1915, ch 145; RC 1919, § 4980; SDC 1939 & Supp 1960, § 37.5504.
S.D. Codified Laws § 21-32A-1 — SD Code / Title 21 / Chapter 32A / Section 21-32A-1
Waiver of sovereign immunity to extent of risk sharing pool or insurance coverage
Status: in_force

To the extent that any public entity, other than the state, participates in a risk sharing pool or purchases liability insurance and to the extent that coverage is afforded thereunder, the public entity shall be deemed to have waived the common law doctrine of sovereign immunity and shall be deemed to have consented to suit in the same manner that any other party may be sued. The waiver contained in this section and §§ 21-32A-2 and 21-32A-3 is subject to the provisions of § 3-22-17 .

Source: SL 1986, ch 175, § 1; SL 1987, ch 163, § 1.
S.D. Codified Laws § 21-18-27.1 — SD Code / Title 21 / Chapter 18 / Section 21-18-27.1
Service of garnishment disclosure form on garnishee--Contents of form
Status: in_force

A garnishment disclosure form shall be served upon the garnishee. The disclosure shall be substantially in the following form:

State of South Dakota ) In _______________ Court

) ss.

County of __________ ) __________

__________

Plaintiff

vs.

__________

Defendant

and Garnishment Disclosure

__________

Garnishee

I am the ______________ of the garnishee and duly authorized to disclose for the garnishee.

On the ______ day of ______________, 20____, the time of service of garnishee summons on the garnishee, there was due and owing the defendant from the garnishee the following:

1. Earnings. For the purposes of garnishment, "earnings" means compensation payable for personal service whether called wages, salary, commission, bonus or otherwise, and includes periodic payments. "Earnings" does not include social security benefits or veterans' disability pension benefits, except when the benefits are subject to garnishment to enforce any order for the support of a dependent child. "Earnings" includes military retirement pay. "Disposable earnings" means that part of the earnings of an individual remaining after the deduction from those earnings of amounts required by law to be withheld (such as FICA, Medicare, and income tax withholding). If the garnishee summons was served upon you at a time when earnings from a prior completed pay period were owing but not paid, complete the following disclosure for earnings from both the past pay period and the current pay period.

a. Enter on the line below the amount of disposable earnings earned or to be earned by the defendant within the defendant's pay periods which may be subject to garnishment.

___________________________________________________

b. Enter on the line below forty times the hourly federal minimum wage (or state minimum wage, if greater) times the number of workweeks within the defendant's pay periods which may be subject to garnishment plus twenty-five dollars per week for each dependent family member residing with the garnishment debtor other than the garnishment debtor himself or herself. When pay periods consist of other than a whole number of workweeks, each day of a pay period in excess of the number of completed workweeks shall be counted as a fraction of a workweek equal to the number of workdays divided by the number of workdays in the normal workweek.

___________________________________________________

c. Enter on the line below the difference obtained (never less than zero) when line b is subtracted from line a.

___________________________________________________

d. Enter on the line below twenty percent (1/5) of line a.

___________________________________________________

e. Enter on the line below the lesser of line c and line d.

___________________________________________________

2. Money. Enter on the line below any amounts due and owing defendant, except earnings, from the garnishee.

___________________________________________________

3. Property. Describe on the line below any personal property, instruments or papers belonging to the defendant and in the possession of the garnishee.

___________________________________________________

4. Setoff. Enter on the line below the amount of any setoff, defense, lien or claim which the garnishee claims against the amount set forth on lines 1(e), 2 and 3. Allege the facts by which the setoff, defense, lien or claim is claimed. (Any indebtedness to a garnishee-employer incurred by the judgment debtor within ten days prior to the receipt of the first garnishment on a debt is void and should be disregarded.)

___________________________________________________

5. Adverse Interest. Enter on the line below any amounts claimed by other persons by reason of ownership or interest in the defendant's property (such as child support, federal wage garnishments, and other creditor garnishments). State the names and addresses of the persons and the nature of their claim, if known. (Any assignment of wages made by the defendant within ten days prior to the receipt of the first garnishment on a debt is void and should be disregarded.)

___________________________________________________

6. Enter on the line below the total of lines 4 and 5.

___________________________________________________

7. Enter on the line below the difference obtained (never less than zero) when line 6 is subtracted from the sum of line 1(e), 2 and 3.

___________________________________________________

8. Enter on the line below one hundred five percent of the amount set forth in the Affidavit of Garnishment.

___________________________________________________

9. Enter on the line below the lesser of line 7 and line 8. As garnishee, you are hereby instructed to retain this amount only if it is $25.00 or more. The balance shall be remitted to the debtor in a timely manner.

__________________________________

Source: SL 1988, ch 182, § 6; SL 1991, ch 24, § 7; SL 2016, ch 116, § 10; SL 2018, ch 129, § 1.
S.D. Codified Laws § 21-10-27 — SD Code / Title 21 / Chapter 10 / Section 21-10-27
Abandonment of logging slash as public nuisance--Penalty
Status: in_force

The abandonment of untreated logging slash in a timber harvesting operation consisting of ten acres or more is a public nuisance. Abandonment of untreated logging slash in a timber harvesting operation of ten acres or more is a Class 1 misdemeanor.

Source: SL 1989, ch 187, § 2.
S.D. Codified Laws § 21-18-8 — SD Code / Title 21 / Chapter 18 / Section 21-18-8
Service of summons, affidavit, and garnishment disclosure when state is garnishee
Status: in_force

If the state is a garnishee, the garnishee summons, affidavit, and garnishment disclosure shall be served on the state auditor or his deputy only.

Source: SDC 1939 & Supp 1960, § 37.2805; SL 1966, ch 123; SL 1967, ch 150; SL 1988, ch 182, § 2.
S.D. Codified Laws § 21-3B-8 — SD Code / Title 21 / Chapter 3B / Section 21-3B-8
Life-contingent payments not to be transferred--Exception
Status: in_force

No transfer of structured settlement payment rights may extend to any payments that are life - contingent unless, prior to the date on which the payee signs the transfer agreement, the transferee has established and has agreed to maintain procedures reasonably satisfactory to the annuity issuer and the structured settlement obligor for periodically confirming the payee's survival and giving the annuity issuer and the structured settlement obligor prompt written notice in the event of the payee's death.

Source: SL 2001, ch 106, § 8.
S.D. Codified Laws § 21-22-24 — SD Code / Title 21 / Chapter 22 / Section 21-22-24
Referee or accountant appointed to assist in examination of reports--Report confidential
Status: in_force

If the report or account or other proceeding is of such length as to require assistance for the court, the court may in its discretion appoint a disinterested referee or employ an accountant or investigator at the expense of the trust to examine the same and report to the court thereon independently. Such report may be held by the court as confidential and for its own information, if the court so elects.

Source: Supreme Court Rule 247, 1939; SDC 1939 & Supp 1960, § 33.2611.
S.D. Codified Laws § 21-62-2 — SD Code / Title 21 / Chapter 62 / Section 21-62-2
Exhaustion of administrative remedies or grievance procedures
Status: in_force

No civil action may be brought by any prisoner confined to any jail, prison, or other correctional facility until such administrative remedies or grievance procedures as are available are exhausted. Compliance with this section does not toll any applicable statutory notice period or statute of limitations.

Source: SL 2010, ch 112, § 2.
S.D. Codified Laws § 21-51-5 — SD Code / Title 21 / Chapter 51 / Section 21-51-5
Signature and verification of petition or complaint
Status: in_force

The application, petition, or complaint shall be signed by an attorney licensed to practice in this state or by the party in interest and if signed by the party in interest, it shall also be verified by him.

Source: Supreme Court Rule 564, 1939; SDC 1939, § 37.0903; Supreme Court Rule adopted October 20, 1947.
S.D. Codified Laws § 21-17A-15 — SD Code / Title 21 / Chapter 17A / Section 21-17A-15
Sale of attached property--Grounds--Proceeds held in lieu of property
Status: in_force

If any property taken on a writ of attachment is likely to depreciate in value before the end of the action or if the keeping thereof could cause much loss or expense, the court or a judge may order it sold in such manner as the best interests of the parties demand, and the money realized shall be held by the sheriff or constable in lieu of the property sold.

Source: SL 1983, ch 168, § 15.
S.D. Codified Laws § 21-45-55 — SD Code / Title 21 / Chapter 45 / Section 21-45-55
Investment of proceeds of sale for unknown or nonresident owner
Status: in_force

When there are proceeds of a sale belonging to an unknown owner, or to a person without the state who has no legal representative within it, the same must be invested in bonds of the United States for the benefit of the persons entitled thereto.

Source: CCivP 1877, § 584; CL 1887, § 5398; RCCivP 1903, § 623; RC 1919, § 2834; SDC 1939 & Supp 1960, § 37.1424.
S.D. Codified Laws § 21-17A-10 — SD Code / Title 21 / Chapter 17A / Section 21-17A-10
Service on defendant--Appraisal--Inventory--Lien created--Multiple writs executed on same property
Status: in_force

The sheriff or constable shall without delay serve copies of the writ, affidavit and bond on the defendant in the same manner as the summons. In the case of a nonresident or a foreign corporation, the sheriff or constable shall serve such copies on any agent of the defendant in the county, if any are known to him. He shall cause all real and personal property or so much thereof as shall satisfy the writ to be appraised by two disinterested residents of the county, who shall be first sworn by him to make a true appraisal. The appraisal shall be signed by them and the appraisal and inventory shall be returned with the writ. Copies of the appraisal and inventory shall be served on the defendant. Service of the writ, affidavit and bond in the foregoing manner shall create a lien in favor of the attaching party, perfected without further action, for the amount of the plaintiff's or attaching party's demand, together with costs and expenses.

If two or more writs against the same defendant are executed on the same property, an inventory and appraisal shall be made for only one of the actions, and the sheriff or constable shall endorse on the copy served on the defendant in the other action a notice that the property attached is the property attached in the action in which the inventory and appraisal are made, giving the title of such action; and such officer shall state in his return the fact of such endorsement.

Source: SL 1983, ch 168, § 10.
S.D. Codified Laws § 21-17A-9 — SD Code / Title 21 / Chapter 17A / Section 21-17A-9
Return--Papers filed--Time allowed
Status: in_force

The sheriff or constable executing the writ shall return thereon all his proceedings and shall file the writ, affidavit and bond with the clerk of the court within ten days from receipt of the bond.

Source: SL 1983, ch 168, § 9.
S.D. Codified Laws § 21-22-13 — SD Code / Title 21 / Chapter 22 / Section 21-22-13
Petitions relevant to trust administration--Hearing--Order
Status: in_force

The trustor, a fiduciary, or a beneficiary of any trust under court supervision may at any time petition the court for its action as to any matter relevant to the administration of the trust, including particularly the requiring of special reports from a fiduciary, the exercise of any discretion vested in a fiduciary, and as to any matter as to which courts of equity have heretofore exercised jurisdiction over fiduciaries. Upon the filing of the petition the court shall fix a time and place for hearing unless the conditions of § 21-22-21 have been met and cause notice to be given as required by this chapter. Upon the hearing the court shall make such order, give such directions to a fiduciary as the court shall determine, or resolve objections filed by an interested party pursuant to § 21-22-16 .

Source: SDC 1939 & Supp 1960, § 33.2607; SL 2002, ch 100, § 9; SL 2014, ch 226, § 12; SL 2015, ch 240, § 25.
S.D. Codified Laws § 21-36-29 — SD Code / Title 21 / Chapter 36 / Section 21-36-29
Escheated property credited to school fund
Status: in_force

All property recovered under the provisions of this chapter shall, after the expiration of the time in which the right to bring an action for the recovery of such property shall have expired, be placed to the credit of the school fund for the maintenance of the public schools of this state.

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 § 21-45-2 — SD Code / Title 21 / Chapter 45 / Section 21-45-2
Consent by conservator to partition without action
Status: in_force

The conservator of any minor or protected person, who is interested in real property held in joint tenancy or in common or in any other manner so as to authorize his being made a party to an action for the partition thereof, may consent to partition without action and agree upon the share to be set off to such minor or protected person entitled and may execute a release on his behalf to the owners of the shares of the parts to which they may be respectively entitled upon an order of the court.

Source: SDC 1939 & Supp 1960, § 37.1402; SL 1993, ch 213, § 102.
S.D. Codified Laws § 21-10-25.6 — SD Code / Title 21 / Chapter 10 / Section 21-10-25.6
Frivolous action against agricultural operation--Costs and expenses recoverable
Status: in_force

In any nuisance action brought in which an agricultural operation is alleged to be a nuisance, and which is found to be frivolous by the court, the defendant shall recover the aggregate amount of costs and expenses determined by the court to have been reasonably incurred in his behalf in connection with the defense of such action, together with a reasonable amount for attorney's fees.

Source: SL 1991, ch 183, § 6.
S.D. Codified Laws § 21-35-15 — SD Code / Title 21 / Chapter 35 / Section 21-35-15
Issue tried by jury
Status: in_force

The only issue that shall be tried by the jury upon the petition shall be the amount of compensation to be paid for the property taken or damaged.

Source: SL 1891, ch 94, § 12; RCCivP 1903, § 874; RC 1919, § 2949; Supreme Court Rule 598, 1939; SDC 1939 & Supp 1960, § 37.4003.
S.D. Codified Laws § 21-27-14.1 — SD Code / Title 21 / Chapter 27 / Section 21-27-14.1
Judge to hear application
Status: in_force

The application shall be heard before any judge of the court in which the conviction took place. A record of the proceedings shall be made and kept. There may be no proceedings on an application by a judge who imposed sentence on the applicant or who otherwise denied him relief concerning the subject matter involved in the application.

Source: SL 1983, ch 169, § 12.
S.D. Codified Laws § 21-5-9 — SD Code / Title 21 / Chapter 5 / Section 21-5-9
Worker's compensation law governs where applicable
Status: in_force

Where applicable the law relating to worker's compensation supersedes the provisions of this chapter.

Source: RC 1919, § 2932; SDC 1939 & Supp 1960, § 37.2204.
S.D. Codified Laws § 21-38-9 — SD Code / Title 21 / Chapter 38 / Section 21-38-9
Time and place of hearing on restoration of record--Notice
Status: in_force

Upon the filing of an application for restoration of a public record with the clerk of the court having jurisdiction, the court shall by order fix a time and place for hearing the same and direct such notice thereof as to the court may seem warranted in each particular case. In case publication is required, the court shall designate the newspaper most likely to give notice to persons who may be interested. In case the proceeding was in rem, and no personal service was made, the instrument or record may be restored upon like notice as nearly as may be as in the original proceeding.

Source: SL 1893, ch 142, § 1; RCCivP 1903, § 879; SL 1903, ch 193; RC 1919, §§ 3047, 3048; SDC 1939 & Supp 1960, § 37.1104.
S.D. Codified Laws § 21-63-11 — SD Code / Title 21 / Chapter 63 / Section 21-63-11
Sections20-9-10and20-9-10.1unaffected
Status: in_force

No provision contained within this chapter abrogates or limits protections afforded aviation product manufacturers, sellers, or assemblers contained in §§ 20-9-10 and 20-9-10.1 .

Source: SL 2011, ch 113, § 11.
S.D. Codified Laws § 21-48-18 — SD Code / Title 21 / Chapter 48 / Section 21-48-18
Cancellation or endorsement of evidence of debt on application of proceeds of sale
Status: in_force

If the amount realized at the sale was sufficient to satisfy the mortgage debt and all other sums due at date of sale, the officer shall cancel the evidence of the debt by permanent endorsement thereon and return it to the person primarily liable thereon upon demand of such person or his attorney but if no such demand be made prior to the time deed or redemption under the foreclosure is made, the officer shall be no longer responsible for such return. If the amount realized at such sale is not sufficient to pay the sums due as aforesaid, the officer shall endorse on the evidence of the debt in permanent form, the amount of the sale and the amount remaining due on the debt, and return the evidence of the debt to the mortgagee, assignee, or other owner thereof. The officer making such endorsements shall date and sign the same.

Source: SDC 1939 & Supp 1960, § 37.3006.
S.D. Codified Laws § 21-46-4 — SD Code / Title 21 / Chapter 46 / Section 21-46-4
Consolidation of real property and personal property actions
Status: in_force

Where real and personal property are owned by the same persons in substantially like interests, the court, in its discretion, may permit the consolidation of the personal property action established by this chapter with the real property action established by chapter 21-45 to be consolidated into one action.

Source: SL 1953, ch 208, § 4; SDC Supp 1960, § 37.14A03.
S.D. Codified Laws § 21-64-12 — SD Code / Title 21 / Chapter 64 / Section 21-64-12
Exclusive remedy
Status: in_force

The provisions of this chapter constitute the sole and exclusive bases regarding a misappropriation of name, image, or likeness of a personality and the personality's right of publicity, and any remedy for a violation of such rights.

Source: SL 2015, ch 126, § 12.
S.D. Codified Laws § 21-49-26 — SD Code / Title 21 / Chapter 49 / Section 21-49-26
Mortgagee may purchase at sale--Bid required
Status: in_force

The holder of the mortgage may purchase the premises or any part thereof at the foreclosure sale if the holder bids therefor the full amount of the judgment debt, 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. In no event, however, may the holder of the mortgage be required to bid a sum in excess of the debt adjudged to be due, with the costs included in the judgment upon which sale was made, and expenses of sale.

Source: SL 1977, ch 187, § 15; SL 1989, ch 191, § 3.
S.D. Codified Laws § 21-42-10 — SD Code / Title 21 / Chapter 42 / Section 21-42-10
Redemption of land by defendant--Certificate of redemption--Apportionment of taxes assessed--Personal property taxes
Status: in_force

Any defendant to an action may make redemption of the lands from tax sales by paying the total amount of delinquent taxes, penalties and interest thereon at the Category D rate of interest as established in § 54-3-16 , which shall have been paid by the plaintiff or which is due the county, if the county is plaintiff, together with costs of the action. Upon payment, a certificate of redemption shall be issued by the county treasurer of the county to the defendant and the action shall be dismissed. If a defendant desires to redeem from a tax sale and pay all subsequent taxes and costs upon any lot, piece, or parcel of real estate, the county treasurer shall permit redemption and payment in all cases where tax deeds have not been issued prior to July 1, 1941. If the real estate has been assessed together with other real estate, then the county treasurer shall compute and apportion the tax that should have been assessed against the real estate sought to be redeemed as if the property had been separately assessed. In cases which have undivided interests in real property so assessed as shown of record, the county treasurer shall compute and apportion the tax according to the interests sought to be redeemed. Any personal property taxes which are a lien upon the real estate shall be computed and apportioned on the same percentage basis as the tax assessed against the real estate is apportioned.

Source: SL 1941, ch 161, § 5; SL 1943, ch 140; SDC Supp 1960, § 37.16A05; SL 1983, ch 28, § 38; SL 1984, ch 319, § 19.
S.D. Codified Laws § 21-27-18.1 — SD Code / Title 21 / Chapter 27 / Section 21-27-18.1
Review by Supreme Court--Certificate of probable cause required--Motion for issuance of certificate--Appeal
Status: in_force

A final judgment or order entered under this chapter may not be reviewed by the Supreme Court of this state on appeal unless the circuit judge who renders the judgment or a justice of the Supreme Court issues a certificate of probable cause that an appealable issue exists. A motion seeking issuance of a certificate of probable cause shall be filed within thirty days from the date the final judgment or order is entered. The issuance or refusal to issue a certificate of probable cause is not appealable. However, a party may, upon the circuit court judge's refusal to issue a certificate of probable cause, file a separate motion for issuance of a certificate of probable cause with the Supreme Court within twenty days of the entry of the circuit judge's refusal. Any party filing a motion with the Supreme Court shall serve a copy of the motion upon the opposing party, who shall have ten days to respond. The applying party shall then have five days to reply to such response. If a certificate of probable cause is issued the appeal may be brought by an applicant or the state within thirty days after entry of the certificate of probable cause.

Service of either a motion for a certificate of probable cause or of an appeal must be made upon both the attorney general and the appropriate state's attorney when the motion is made or the appeal is taken by the party seeking the habeas corpus relief.

Source: SL 1983, ch 169, § 14; SL 1986, ch 174; Supreme Court Rule 89-15; SL 2002, ch 250, § 3.
S.D. Codified Laws § 21-1-2 — SD Code / Title 21 / Chapter 1 / Section 21-1-2
Nominal damages for breach of duty without detriment
Status: in_force

When a breach of duty has caused no appreciable detriment to the party affected, he may yet recover nominal damages.

Source: CivC 1877, § 1986; CL 1887, § 4619; RCivC 1903, § 2331; RC 1919, § 2003; SDC 1939 & Supp 1960, § 37.1703.
S.D. Codified Laws § 21-49-11 — SD Code / Title 21 / Chapter 49 / Section 21-49-11
Foreclosure alternatives available on small tracts subject to chapter--Mortgages under earlier law
Status: in_force

Any mortgage made pursuant to this chapter on real property of an area of not more than forty acres containing therein a power of sale, upon default being made in the conditions of the mortgage, may be foreclosed as provided in chapter 21-47 or 21-48 or as provided in this chapter. Any mortgage made pursuant to §§ 21-49-1 to 21-49-10 prior to July 1, 1977 may be foreclosed as provided therein or as provided in this section.

Source: SL 1963, ch 236, § 1; SDCL, § 21-49-1 ; SL 1972, ch 135; SL 1977, ch 187, § 1; SL 1979, ch 157, § 1.
S.D. Codified Laws § 21-2-3 — SD Code / Title 21 / Chapter 2 / Section 21-2-3
Damages for breach of agreement to convey real property
Status: in_force

The detriment caused by the breach of an agreement to convey an estate in real property is deemed to be the price paid, and the expenses properly incurred in examining the title and preparing the necessary papers, with interest thereon; but adding thereto, in case of bad faith, the difference between the price agreed to be paid, and the value of the estate agreed to be conveyed, at the time of the breach, and the expenses properly incurred in preparing to enter upon the land.

Source: CivC 1877, § 1953; CL 1887, § 4586; RCivC 1903, § 2298; RC 1919, § 1970; SDC 1939 & Supp 1960, § 37.1805.
S.D. Codified Laws § 21-35-16 — SD Code / Title 21 / Chapter 35 / Section 21-35-16
View of premises by jury
Status: in_force

Upon the demand of any party to the proceeding, if the court shall deem it necessary, the jury may view the premises under the rules of law for viewing by the jury.

Source: SL 1891, ch 94, § 10; RCCivP 1903, § 872; RC 1919, § 2947; Supreme Court Rule 603, 1939; SDC 1939 & Supp 1960, § 37.4010.
S.D. Codified Laws § 21-42-11 — SD Code / Title 21 / Chapter 42 / Section 21-42-11
Appearance by defendant--Defenses permitted
Status: in_force

Any defendant may appear in said action within the time provided by law for appearances in civil actions and may set up any defense to said action he may have, and may therein question the legality, validity, or sufficiency of any act had in connection with the assessment thereof, the tax levy thereon, or sale of said land.

Source: SL 1941, ch 161, § 5; SL 1943, ch 140; SDC Supp 1960, § 37.16A05.
S.D. Codified Laws § 21-40-8 — SD Code / Title 21 / Chapter 40 / Section 21-40-8
Costs and expenses of survey
Status: in_force

The court shall make such order respecting the costs and disbursements including the costs and expenses of a survey thereof and of the establishing of any markings of such boundaries between the parties to such action as it shall deem just.

Source: SL 1923, ch 140, § 1; SDC 1939 & Supp 1960, § 37.1301.
S.D. Codified Laws § 21-18-35 — SD Code / Title 21 / Chapter 18 / Section 21-18-35
Order to interplead adverse claimant disclosed by garnishee--Payment by garnishee and discharge--Service of notice on claimant
Status: in_force

When the answer of the garnishee shall disclose that any other person than the defendant claims the indebtedness or property in his hands, and the name and residence of such claimant, the court may on motion order that such claimant be made a defendant to the garnishee action; and that notice thereof, setting forth the facts, with a copy of such order, in such form as the court shall direct, be served upon him, and that after such service shall have been made, the garnishee may pay or deliver to the officer or the clerk such indebtedness or property, and have a receipt therefor, which shall be a complete discharge from all liability to any party for the amount so paid or property so delivered. Such notice shall be served in the manner required for service of a summons in a civil action, and may be made without the state or by publication thereof if the order shall so direct.

Source: SL 1909, ch 156, § 16; RC 1919, § 2469; SDC 1939 & Supp 1960, § 37.2821.
S.D. Codified Laws § 21-36-1 — SD Code / Title 21 / Chapter 36 / Section 21-36-1
Power of state to maintain actions and proceedings--Prosecution by attorney general or state's attorney
Status: in_force

Whenever the title to any real or personal property, situate in this state, shall fail through defect of heirs and escheat to the state, the state may thereupon maintain any action, suit, or proceeding necessary to recover the possession of any such property, or for the enforcement or protection of its rights thereto, or on account thereof, and may sue with like effect as a natural person. Such action, suit, or proceeding shall be prosecuted by the attorney general or by the state's attorney of the county wherein the property or some part thereof is situated.

Source: SL 1909, ch 104, § 1; RC 1919, § 3049; SDC 1939 & Supp 1960, § 37.4201.
S.D. Codified Laws § 21-54-17 — SD Code / Title 21 / Chapter 54 / Section 21-54-17
Disposition of abandoned mobile home or manufactured home that fails to sell--Abandoned title
Status: in_force

If an abandoned mobile home or manufactured home fails to sell at a sale held pursuant to this chapter, title to the mobile home or manufactured home is irrevocably vested with the owner of the real property. The owner of the real property on which the mobile home or manufactured home resides, may obtain an abandoned title without payment or obligation to pay any taxes owed on the home or any lien on the home at the time of acquisition. However, if the owner of the real property intends any use of the abandoned mobile home or manufactured home other than disposal, the owner of the real property may obtain an abandoned title after paying any taxes owed on the home. The department shall promulgate rules pursuant to chapter 1-26 to prescribe a form that shall be used to apply for the abandoned title.

Source: SL 2007, ch 140, § 3.
S.D. Codified Laws § 21-1-5 — SD Code / Title 21 / Chapter 1 / Section 21-1-5
Damages for breach of obligation not to exceed gain from full performance--Exceptions
Status: in_force

Notwithstanding the provisions of these statutes, no person can recover a greater amount in damages for the breach of an obligation than he could have gained by the full performance thereof on both sides, except in the cases specified in statutes providing exemplary damages or penal damages, and in statutes relating to damages for breach of promise to marry, for seduction, or wrongful injuries to animals.

Source: CivC 1877, § 1984; CL 1887, § 4617; RCivC 1903, § 2329; RC 1919, § 2001; SDC 1939 & Supp 1960, § 37.1706.
S.D. Codified Laws § 21-19-7 — SD Code / Title 21 / Chapter 19 / Section 21-19-7
Retention of property levied after notice to debtor
Status: in_force

Except as provided in §§ 21-19-8 and 21-19-17 the officer must retain in his possession all money and property levied upon for at least fifteen days after notice to the debtor of the levy.

Source: SDC 1939 & Supp 1960, § 37.4910.
S.D. Codified Laws § 21-32-17 — SD Code / Title 21 / Chapter 32 / Section 21-32-17
Immunity of state officers, employees, and agents
Status: in_force

Except as provided in § 21-32-16 , any employee, officer, or agent of 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.

Source: SL 1983, ch 16, § 1.
S.D. Codified Laws § 21-25A-32 — SD Code / Title 21 / Chapter 25A / Section 21-25A-32
Filing and docketing of judgment or decree
Status: in_force

On entry of judgment or decree, the clerk shall file the following:

(1) The agreement and each written extension of the time within which to make the award;

(2) The award;

(3) The order confirming, modifying, or correcting the award; and

(4) The judgment or decree.

The judgment or decree may be docketed as if rendered in an action.

Source: SL 1971, ch 157, § 16; SL 1990, ch 149, § 12.
S.D. Codified Laws § 21-18-18 — SD Code / Title 21 / Chapter 18 / Section 21-18-18
Judgment not rendered against officer for property collected on legal process
Status: in_force

No judgment shall be rendered upon a liability of the garnishee arising by reason of any money or other thing received or collected by him as sheriff, or other officer, by force of an execution or other legal process in favor of the defendant.

Source: SL 1909, ch 156, § 18; RC 1919, § 2471; SL 1925, ch 183; SDC 1939 & Supp 1960, § 37.2819 (2).
S.D. Codified Laws § 21-13-1 — SD Code / Title 21 / Chapter 13 / Section 21-13-1
Cancellation ordered on apprehension of injury--Invalidity apparent on face of instrument
Status: in_force

A written instrument, in respect to which there is a reasonable apprehension that if left outstanding it may cause serious injury to a person against whom it is void or voidable, may upon his application, be so adjudged and ordered to be delivered up or canceled; but if the invalidity is apparent upon its face or upon the face of another instrument necessary to its use in evidence it is not deemed capable of causing such injury.

Source: CivC 1877, §§ 2011, 2012; CL 1887, §§ 4644, 4645; RCivC 1903, §§ 2356, 2357; RC 1919, §§ 2027, 2028; SDC 1939 & Supp 1960, § 37.0801.
S.D. Codified Laws § 21-41-4 — SD Code / Title 21 / Chapter 41 / Section 21-41-4
Joinder of parties plaintiff
Status: in_force

Any number of persons may be joined as plaintiffs in an action brought pursuant to § 21-41-1 , where one or more defendants are proper defendants as to all such plaintiffs, without regard to whether all plaintiffs have an interest in all real estate involved, and the finding of the court in said action that one or more defendants are proper defendants as to all such plaintiffs shall be conclusive upon that question; the provisions of this section shall be so construed that it will in no matter limit any rights which would have existed under § 21-41-1 as to the joinder of plaintiffs if this section had not been enacted.

Source: SDC 1939, § 37.1501 as added by SL 1945, ch 162.
S.D. Codified Laws § 21-3A-5 — SD Code / Title 21 / Chapter 3A / Section 21-3A-5
Judgment entered on verdict requiring special damages
Status: in_force

In order to determine what judgment is to be entered on a verdict requiring findings of special damages under this chapter, the court shall proceed as follows:

(1) The court shall apply to the findings of past and future damages whether determined by the court or jury, any applicable rules of law, including setoffs, credits, comparative fault, additurs and remittiturs, in calculating the respective amounts of past and future damages each claimant is entitled to recover and each party is obligated to pay.

(2) If the total amount of future damages recoverable by a claimant in an action for bodily injury or by all of the beneficiaries in an action for wrongful death is less than two hundred thousand dollars, the court, unless the claimant or beneficiaries elect to receive a judgment of periodic installments, shall reduce the amounts payable for future damages in accordance with § 21-3A-9 , to determine the equivalent lump - sum value and enter judgment for that amount plus the amounts found for past damages.

(3) If the total amount of future damages recoverable by a claimant in an action for bodily injury or by all of the beneficiaries in an action for wrongful death is two hundred thousand dollars, or more, or the claimant or beneficiaries so elect, the court shall enter judgment as follows:

(a) If a judgment for periodic installments is entered, it shall specify payment of attorney's fees and litigation expenses in a manner separate from the periodic installments payable to the claimant, either in lump sum or by periodic installments, pursuant to any agreement entered into between the claimant or beneficiary and his attorney. If any portion of future damages is payable in advance of the period to which it applies in satisfaction of the agreement, the amount of the damages is subject to discount in accordance with § 21-3A-9 .

(b) Upon election of a subrogee, including an employer or insurer who provides workers' compensation, filed within the time permitted by rule of court, any part of future damages allocable to reimbursement of payments previously made by the subrogee is payable in lump sum to the subrogee and the appropriate reduction of future damages shall be calculated in accordance with § 21-3A-9 .

(c) The court shall enter judgment in lump sum for past damages and for any damages payable in lump sum or otherwise under subsections (3)(a) and (3)(b). Any lump - sum payments for future damages reduce proportionately all periodic installments for future damages.

(d) After making any adjustments prescribed by the preceding subsections, the court shall reduce the remaining amounts for future damages to present value in accordance with § 21-3A-9 to determine the equivalent lump - sum value. If the equivalent lump - sum value is more than one hundred thousand dollars or the claimant or beneficiaries elect to receive a judgment for periodic installments, the court shall enter a judgment for the payment of the remaining amounts of future damages, without reduction in periodic installments in accordance with § 21-3A-1.2 , otherwise, the court shall enter a judgment for the equivalent lump - sum value.

(e) In an action for wrongful death, the calculation of the equivalent lump - sum value under subsection (3)(d) of the remaining amounts for future damages shall be based on the total recovery for all beneficiaries of the action. If the lump - sum equivalent of the total is more than fifty thousand dollars, each beneficiary shall be paid in periodic installments in accordance with § 21-3A-1.2 .

(4) Upon petition of a party before entry of judgment and a finding of incapacity to post the required security, the court, at the election of the claimant or beneficiaries in an action for wrongful death, shall:

(a) Enter a judgment in accordance with subdivision (3); or

(b) Reduce the amounts payable for future damages in accordance with § 21-3A-9 , unless subdivision 21-3A-8(1) applies, to determine the equivalent lump - sum value and enter judgment for that amount plus the amounts found for past damages.

Source: SL 1986, ch 163, § 5; SL 1988, ch 181, § 3.
S.D. Codified Laws § 21-1-8 — SD Code / Title 21 / Chapter 1 / Section 21-1-8
Peculiar value of property to plaintiff considered in damages against defendant with notice or willful wrongdoer
Status: in_force

Where certain property has a peculiar value to a person recovering damages for a deprivation thereof, or injury thereto, that may be deemed to be its value against one who had notice thereof before incurring a liability to damages in respect thereof, or against a willful wrongdoer.

Source: CivC 1877, § 1981; CL 1887, § 4614; RCivC 1903, § 2326; RC 1919, § 1998; SDC 1939 & Supp 1960, § 37.1709.
S.D. Codified Laws § 21-35-22 — SD Code / Title 21 / Chapter 35 / Section 21-35-22
Defendant's expenses paid by plaintiff on dismissal
Status: in_force

If any eminent domain proceedings are commenced to take or damage any private property for public use within this state and are thereafter dismissed with or without prejudice, the plaintiff seeking to be condemnor is liable for and shall pay to the defendant all court costs, expenses and fees, including reasonable attorney fees, as are determined by the court having jurisdiction over the proceedings.

Source: SL 1983, ch 170, § 1.
S.D. Codified Laws § 21-18-36 — SD Code / Title 21 / Chapter 18 / Section 21-18-36
Answer or defense by adverse claimant--Judgment on default
Status: in_force

Upon service being made pursuant to § 21-18-35 such claimant shall be deemed a defendant in the garnishee action and within thirty days shall answer, setting forth his claim or any defense which the garnishee might have made. In case of default, judgment may be rendered which shall conclude any claim upon the part of such defendant.

Source: SL 1909, ch 156, § 16; RC 1919, § 2469; SDC 1939 & Supp 1960, § 37.2821.
S.D. Codified Laws § 21-64-8 — SD Code / Title 21 / Chapter 64 / Section 21-64-8
Permitted use in connection with broadcast or reporting of event or topic of public interest
Status: in_force

The provisions of this chapter do not apply to the use of a personality's name, voice, signature, photograph, image, likeness, distinctive appearance, gesture, or mannerism in connection with a broadcast or reporting of an event or a topic of general or public interest including unauthorized biographies.

Source: SL 2015, ch 126, § 8.
S.D. Codified Laws § 21-54-16 — SD Code / Title 21 / Chapter 54 / Section 21-54-16
Notice to county treasurer of intent to sell or dispose--Promulgation of rules
Status: in_force

After the owner of the abandoned mobile home or manufactured home has been provided thirty days' written notice, and before the owner of real property proceeds with the sale or disposal of the abandoned mobile home or manufactured home, the owner of the real property shall provide written notice of intent to sell or dispose of the abandoned property to the county treasurer where the home is located. The Department of Revenue shall promulgate rules pursuant to chapter 1-26 to prescribe a form for the written notice. If the treasurer has not issued a distress warrant and informed the owner and any lien holder of real property of such issuance within thirty days of the notice required by this section, or the mobile home or manufactured home has not been removed by its owner or any lien holder within thirty days of the notice provided by § 21-54-15 , the owner of real property may proceed with the sale or disposal pursuant to this chapter.

Source: SL 2007, ch 140, § 2; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2023, ch 66, § 2.
S.D. Codified Laws § 21-1-4.1 — SD Code / Title 21 / Chapter 1 / Section 21-1-4.1
Discovery and trial of exemplary damage claims
Status: in_force

In any claim alleging punitive or exemplary damages, before any discovery relating thereto may be commenced and before any such claim may be submitted to the finder of fact, the court shall find, after a hearing and based upon clear and convincing evidence, that there is a reasonable basis to believe that there has been willful, wanton or malicious conduct on the part of the party claimed against.

Source: SL 1986, ch 161.
S.D. Codified Laws § 21-63-7 — SD Code / Title 21 / Chapter 63 / Section 21-63-7
Product not in compliance with legislative or administrative regulatory safety standards
Status: in_force

If the injury-causing aspect of the aviation product was not, at the time of manufacture, in compliance with legislative or administrative regulatory safety standards relating to design, performance, warnings, or instructions, no presumption exists and the burdens of proof applicable to nonaviation products liability actions apply.

Source: SL 2011, ch 113, § 7.
S.D. Codified Laws § 21-25B-2 — SD Code / Title 21 / Chapter 25B / Section 21-25B-2
Parents and fiduciaries authorized to enter arbitration agreements on behalf of others--Nonliability
Status: in_force

Natural parents having custody of a minor child and personal representatives of an estate, or a guardian or conservator for a ward may, notwithstanding other statutes to the contrary, enter into a binding arbitration agreement on behalf of the person, estate, beneficiary, ward or heirs at law that they represent for the purposes of this chapter only; and, such natural parents having custody of a minor child and personal representatives of an estate and guardian or conservator are not liable to the person, estate, beneficiary or heirs at law for entering into such binding arbitration agreement.

Source: SL 1976, ch 155, § 26; SL 1993, ch 213, § 101; SL 1995, ch 167, § 188.
S.D. Codified Laws § 21-61-3 — SD Code / Title 21 / Chapter 61 / Section 21-61-3
Application of chapter to pending claims
Status: in_force

Any civil action regarding a claim as set forth in § 21-61-2 that is governed by the laws of South Dakota and that is pending on the date of the enactment of this chapter shall be subject to the terms of this chapter.

Source: SL 2004, ch 146, § 3.
S.D. Codified Laws § 21-52-29 — SD Code / Title 21 / Chapter 52 / Section 21-52-29
Service of notice and demand by cotenant making redemption--Notice of foreclosure by failure to contribute
Status: in_force

Cotenants making redemption shall forthwith serve upon all other cotenants notice of the fact of such redemption together with a statement of the whole amount paid to redeem and the proportionate amount each cotenant is required to pay to contribute his full share of the funds required to effect redemption, which notice shall contain a demand that such cotenant within sixty days from service of notice or within the remainder of the year of redemption, whichever is longer, pay the amount of their proportionate shares of such redemption to the cotenant who has made redemption, and a further notice that if they shall fail so to do, they shall, at the expiration of sixty days or the remainder of the year of redemption, whichever is longer, be foreclosed of all right to or interest in the common property, and the cotenant making redemption shall, as against all cotenants failing to contribute, be entitled at the expiration of such period to a sheriff's deed to the common property.

Source: SL 1949, ch 142, § 14; SDC Supp 1960, § 37.5614 (1).
S.D. Codified Laws § 21-11-2 — SD Code / Title 21 / Chapter 11 / Section 21-11-2
Presumption of intent to make equitable agreement
Status: in_force

For the purpose of revising a contract it must be presumed that all the parties thereto intended to make an equitable and conscientious agreement.

Source: CivC 1877, § 2005; CL 1887, § 4638; RCivC 1903, § 2350; RC 1919, § 2021; Supreme Court Rule 563, 1939; SDC 1939 & Supp 1960, § 37.0603.
S.D. Codified Laws § 21-48-10 — SD Code / Title 21 / Chapter 48 / Section 21-48-10
Time and place of sale--Officer making sale
Status: in_force

A sale under this chapter must be at public auction between the hours of nine o'clock in the forenoon and five o'clock in the afternoon on that day, in the county in which the premises to be sold, or some part thereof, are situated, and must be made by the sheriff of such county, or his deputy, to the highest bidder.

Source: CCivP 1877, § 602; CL 1887, § 5416; SL 1891, ch 84; RCCivP 1903, § 641; RC 1919, § 2881; SDC 1939 & Supp 1960, § 37.3005.
S.D. Codified Laws § 21-28-9 — SD Code / Title 21 / Chapter 28 / Section 21-28-9
Execution of office by person adjudged to be entitled--Demand of books and papers from defendant
Status: in_force

If the judgment be rendered upon the right of the person so alleged to be entitled, and the same be in favor of such person, he shall be entitled, after taking the oath of office and executing such official bond as may be required by law, to take upon himself the execution of the office; and it shall be his duty immediately thereafter, to demand of the defendant in the action all the books and papers in his custody or within his control belonging to the office from which he shall have been excluded.

Source: CCivP 1877, § 538; CL 1887, § 5352; RCCivP 1903, § 577; RC 1919, § 2788; SDC 1939 & Supp 1960, § 37.0514.
S.D. Codified Laws § 21-25A-23 — SD Code / Title 21 / Chapter 25A / Section 21-25A-23
Judicial confirmation of award
Status: in_force

Upon application of a party, the court shall confirm an award, unless within the time limits hereinafter imposed grounds are urged for vacating or modifying or correcting the award, in which case the court shall proceed as provided in §§ 21-25A-24 to 21-25A-30 , inclusive.

Source: SL 1971, ch 157, § 11.
S.D. Codified Laws § 21-1-4 — SD Code / Title 21 / Chapter 1 / Section 21-1-4
Exemplary or penal damages only as provided--Interest on damages
Status: in_force

The general remedy by damages does not include exemplary or penal damages nor interest on any damages unless expressly provided by statute.

Source: CivC 1877, § 1983; CL 1887, § 4616; RCivC 1903, § 2328; RC 1919, § 2000; SDC 1939 & Supp 1960, § 37.1705.
S.D. Codified Laws § 21-25A-11 — SD Code / Title 21 / Chapter 25A / Section 21-25A-11
Time and place of hearing--Notice to parties--Waiver of notice
Status: in_force

Unless otherwise provided by the agreement, the arbitrators shall appoint a time and place for the hearing and cause notification to the parties to be served personally or by registered or certified mail not less than five days before the hearing. Appearance at the hearing waives such notice.

Source: SL 1971, ch 157, § 5 (1); SL 1987, ch 29, § 26.
S.D. Codified Laws § 21-54-5 — SD Code / Title 21 / Chapter 54 / Section 21-54-5
Notice of sale issued--Contents
Status: in_force

The person desiring to foreclose such lien, shall issue a notice of sale, signed by himself, agent, or attorney, and stating:

(1) The names and addresses of the owner of the property and of all lien claimants, as shown by the files of the register of deeds of the county where the foreclosure is to be conducted and also those otherwise known to the lien claimant;

(2) A description of the property sufficient for identification of it;

(3) The location of the property;

(4) Statement of the grounds on which the lien is claimed, and reference to its filing in the office of register of deeds;

(5) The nature of the default under which foreclosure is sought;

(6) The amount claimed to be due at the date of the notice;

(7) The time and place of sale.

Source: Supreme Court Rule 593, 1939; SDC 1939 & Supp 1960, § 37.3405.
S.D. Codified Laws § 21-25A-20 — SD Code / Title 21 / Chapter 25A / Section 21-25A-20
Award in writing--Delivery to parties
Status: in_force

The award shall be in writing and signed by the arbitrators joining in the award. The arbitrators shall deliver a copy to each party personally or by registered or certified mail, or as provided in the agreement.

Source: SL 1971, ch 157, § 8; SL 1987, ch 29, § 27.
S.D. Codified Laws § 21-11-3 — SD Code / Title 21 / Chapter 11 / Section 21-11-3
Intent considered in revising instrument--Court not restricted by language
Status: in_force

In revising a written instrument, the court may inquire what the instrument was intended to mean, and what were intended to be its legal consequences, and is not confined to the inquiry what the language of the instrument was intended to be.

Source: CivC 1877, § 2006; CL 1887, § 4639; RCivC 1903, § 2351; RC 1919, § 2022; Supreme Court Rule 562, 1939; SDC 1939 & Supp 1960, § 37.0602.
S.D. Codified Laws § 21-63-3 — SD Code / Title 21 / Chapter 63 / Section 21-63-3
Factors in determining useful safe life
Status: in_force

Factors to be considered in determining whether an aviation product's useful safe life has expired include:

(1) The amount of wear and tear to which the aviation product had been subject;

(2) The effect of deterioration from natural causes and from climate and other conditions under which the aviation product was used or stored;

(3) The normal practices of the user, similar users, and the aviation product seller with respect to the circumstances, frequency, and purposes of the product's use, and with respect to repairs, renewals, and replacements;

(4) Any representations, instructions, or warnings made by the aviation product seller concerning proper maintenance, storage, and use of the product or the expected useful safe life of the product; and

(5) Any modification or alteration of the aviation product by a user or third party.

Source: SL 2011, ch 113, § 3.
S.D. Codified Laws § 21-50-7 — SD Code / Title 21 / Chapter 50 / Section 21-50-7
Remedy not exclusive
Status: in_force

This chapter shall not be treated or construed as exclusive of any other remedy authorized by law but as cumulative merely.

Source: SL 1913, ch 138, § 4; RC 1919, § 2917; SDC 1939 & Supp 1960, § 37.3103.
S.D. Codified Laws § 21-27-5.1 — SD Code / Title 21 / Chapter 27 / Section 21-27-5.1
Second or subsequent application for writ--Leave to file--Dismissal
Status: in_force

A claim presented in a second or subsequent habeas corpus application under this chapter that was presented in a prior application under this chapter or otherwise to the courts of this state by the same applicant shall be dismissed.

Before a second or subsequent application for a writ of habeas corpus may be filed, the applicant shall move in the circuit court of appropriate jurisdiction for an order authorizing the applicant to file the application.

The assigned judge shall enter an order denying leave to file a second or successive application for a writ of habeas corpus unless:

(1) The applicant identifies newly discovered evidence that, if proven and viewed in light of the evidence as a whole, would be sufficient to establish by clear and convincing evidence that no reasonable fact finder would have found the applicant guilty of the underlying offense; or

(2) The application raises a new rule of constitutional law, made retroactive to cases on collateral review by the United States Supreme Court and the South Dakota Supreme Court, that was previously unavailable. The grant or denial of an authorization by the circuit court to file a second or subsequent application shall not be appealable.

Source: SL 2012, ch 118, § 5.
S.D. Codified Laws § 21-49-30 — SD Code / Title 21 / Chapter 49 / Section 21-49-30
Certificate of sale to purchaser--Contents--Recording--Commencement of redemption period
Status: in_force

The person making such sale shall give to the purchaser a certificate of sale, containing:

(1) A recital of the fact of the sale, stating the time, and place, and the name of the purchaser;

(2) The legal description of the property sold;

(3) The price bid for each distinct parcel; and

(4) The whole price paid.

The certificate shall be executed and acknowledged and shall be recorded in the office of the register of deeds where the property is located within twenty days from the date of sale. The period of redemption as provided in this chapter shall commence on the date that the certificate is recorded.

Source: SL 1977, ch 187, § 19.
S.D. Codified Laws § 21-15-10.4 — SD Code / Title 21 / Chapter 15 / Section 21-15-10.4
Costs of justification
Status: in_force

The costs of the justification shall be paid by the plaintiff if the same is found not sufficient, but if sufficient, then the defendant shall pay the costs of the justification. The costs of such justification shall be taxed by the court as other costs are taxed.

Source: SL 1984, ch 159, § 5.
S.D. Codified Laws § 21-45-37 — SD Code / Title 21 / Chapter 45 / Section 21-45-37
Security taken by referees delivered to parties for agreed or adjudicated shares--Filing of agreement and receipt
Status: in_force

When security is taken by the referees on a sale and the parties interested in such security, by an instrument in writing, under their hands, delivered to the referees, agree upon the shares and proportions to which they are respectively entitled, or when shares and proportions have been previously adjudged by the court, such securities must be taken in the names of and payable to the parties respectively entitled thereto, and must be delivered to such parties upon their receipts therefor. Such agreement and receipt must be returned and filed with the clerk.

Source: CCivP 1877, § 586; CL 1887, § 5400; RCCivP 1903, § 625; RC 1919, § 2836; SDC 1939 & Supp 1960, § 37.1433.
S.D. Codified Laws § 21-15-8 — SD Code / Title 21 / Chapter 15 / Section 21-15-8
Papers served on defendant when property seized
Status: in_force

The sheriff shall at the time of taking any property serve on the defendant a copy of the affidavit, endorsement, and undertaking or receipt for cash bond, and notice of levy showing the property taken by delivering the same to the defendant personally, if he can be conveniently found, or to his agent from whose possession the property is taken or if neither can be found, by leaving them at the usual place of abode of either, with some person of suitable age and discretion.

Source: CCivP 1877, § 179; CL 1887, § 4975; RCCivP 1903, § 187; RC 1919, § 2414; SDC 1939 & Supp 1960, § 37.3804.
S.D. Codified Laws § 21-24-1 — SD Code / Title 21 / Chapter 24 / Section 21-24-1
Power of courts to provide declaratory relief--Form and effect of declarations
Status: in_force

Courts of record within their respective jurisdictions shall have power to declare rights, status, and other legal relations whether or not further relief is or could be claimed. No action or proceeding shall be open to objection on the ground that a declaratory judgment or decree is prayed for. The declaration may be either affirmative or negative in form and effect; and such declaration shall have the force and effect of a final judgment or decree.

Source: SL 1925, ch 214, § 1; SDC 1939 & Supp 1960, § 37.0101.
S.D. Codified Laws § 21-2-1 — SD Code / Title 21 / Chapter 2 / Section 21-2-1
General measure of damages for breach of contract--Uncertain damages not recovered
Status: in_force

For the breach of an obligation arising from contract, the measure of damages, except where otherwise expressly provided by this code, is the amount which will compensate the party aggrieved for all the detriment proximately caused thereby, or which, in the ordinary course of things, would be likely to result therefrom. No damages can be recovered for a breach of contract which are not clearly ascertainable in both their nature and their origin.

Source: CivC 1877, §§ 1947, 1948; CL 1887, § 4581; RCivC 1903, § 2293; RC 1919, § 1966; SDC 1939 & Supp 1960, § 37.1801.
S.D. Codified Laws § 21-52-6 — SD Code / Title 21 / Chapter 52 / Section 21-52-6
Distinction between redemptioners abolished
Status: in_force

Except as provided in §§ 21-52-7 and 21-52-24 , all distinction between owners and other redemptioners is abolished.

Source: SL 1949, ch 142, § 7; SDC Supp 1960, § 37.5607 (1).
S.D. Codified Laws § 21-43-2 — SD Code / Title 21 / Chapter 43 / Section 21-43-2
Action by surety to compel satisfaction of debt
Status: in_force

An action may be brought against two or more persons for the purpose of compelling one to satisfy a debt due to the other, for which plaintiff is bound as a surety.

Source: SL 1903, ch 118; RC 1919, § 2872; SDC 1939 & Supp 1960, § 37.1601.
S.D. Codified Laws § 21-10-13 — SD Code / Title 21 / Chapter 10 / Section 21-10-13
Binding effect on defendant of injunction against house of ill fame--Violation as contempt
Status: in_force

When an injunction has been granted pursuant to § 21-10-12 , it shall be binding on the defendant throughout the judicial circuit in which it was issued, and any violation of such injunction shall be a contempt as provided in § 21-10-20 .

Source: SL 1913, ch 123, § 2; RC 1919, § 2079; SDC 1939 & Supp 1960, § 37.4802.
S.D. Codified Laws § 21-32-18 — SD Code / Title 21 / Chapter 32 / Section 21-32-18
Service on attorney general required for waiver--Judgment void without service
Status: in_force

In order for waiver of sovereign immunity in § 21-32-16 to be effective in an action against a state official, employee, or agent; notice of the action shall be given to the attorney general as provided in § 15-6-4(d). The attorney general shall within thirty days after the receipt of service, sign and date the admission of service and mail it to the sender. Any judgment rendered in an action involving waiver of sovereign immunity pursuant to § 21-32-16 is void unless service has been made as provided herein.

Source: SL 1984, ch 144, § 2.
S.D. Codified Laws § 21-37-3.1 — SD Code / Title 21 / Chapter 37 / Section 21-37-3.1
Single petition for certain family members
Status: in_force

Persons who are married pursuant to § 25-1-1 and any natural or adopted child of either person may file one petition for change of name.

Source: SL 1998, ch 128, § 1.
S.D. Codified Laws § 21-36-17 — SD Code / Title 21 / Chapter 36 / Section 21-36-17
Judgment for state if no answer or motion served--Proof required
Status: in_force

If, in an action brought under the provisions of this chapter, no answer or motion be served within the time required by § 21-36-9 the plaintiff may apply to the court for judgment in accordance with the prayer of the complaint, but no judgment shall be given or made except upon proofs adduced in open court.

Source: SL 1909, ch 104, § 4; RC 1919, § 3052; SDC 1939 & Supp 1960, § 37.4203.
S.D. Codified Laws § 21-47-24 — SD Code / Title 21 / Chapter 47 / Section 21-47-24
Deed issued on expiration of time for redemption--Persons barred by deed--Mortgagor entitled to harvest crops planted before issuance of deed
Status: in_force

At the expiration of the time for the redemption of such mortgaged premises, if the same is not redeemed, the person or officer making the sale, or his successor in office, or other person appointed by the court, must make to the purchaser or purchasers, their heirs or assigns, or to any person acquiring the title of such purchaser, by redemption or otherwise, a deed or deeds to such premises which shall vest in the purchaser, or other party entitled thereto, the same estate that was vested in the mortgagor at the time of the execution and delivery of the mortgage, or at any time thereafter; and such deed shall be as valid as if executed by the mortgagor and mortgagee, and shall be a complete bar against each of them, and against all the parties to the action in which the judgment for such sale was rendered, and against their heirs respectively, and all persons claiming under such heirs. Whenever crops have been sown on the mortgaged premises, before the issuance of a sheriff's deed, the mortgagor shall be entitled to the crops grown thereon and the right to enter on the premises to harvest the crops after the issuance of the deed.

Source: CCivP 1877, § 623; CL 1887, § 5437; RCCivP 1903, § 662; RC 1919, § 2904; SDC 1939 & Supp 1960, § 37.2914; SL 1986, ch 177, § 2.
S.D. Codified Laws § 21-35-6 — SD Code / Title 21 / Chapter 35 / Section 21-35-6
Additional pleadings not required
Status: in_force

No pleading other than the petition shall be required in a proceeding under this chapter, unless ordered by the court.

Source: SL 1891, ch 94, § 9; RCCivP 1903, § 871; RC 1919, § 2946; Supreme Court Rule 598, 1939; SDC 1939 & Supp 1960, § 37.4003.
S.D. Codified Laws § 21-28-13 — SD Code / Title 21 / Chapter 28 / Section 21-28-13
Leave to bring action against corporation--Notice and hearing of corporation and officers
Status: in_force

Leave to bring the action may be granted upon the application of any state's attorney or of any person who has a special interest in the action, and the court or judge may, at its discretion, direct notice of such application to be given to the corporation or its officers, previous to granting such leave, and may hear the corporation in opposition thereto.

Source: CCivP 1877, § 533; CL 1887, § 5347; RCCivP 1903, § 572; RC 1919, § 2783; SL 1919, ch 289, § 3; SDC 1939 & Supp 1960, § 37.0503.
S.D. Codified Laws § 21-45-13 — SD Code / Title 21 / Chapter 45 / Section 21-45-13
Abstract of title or title insurance policy--Notice of availability--Custody and inspection--Allowance as costs
Status: in_force

If it appears to the court that it was necessary to have made an abstract of the title to the property to be partitioned, and such abstract shall have been procured by the plaintiff, or if the plaintiff shall have failed to have the same made before the commencement of the action, and any of the defendants shall have had such abstract afterwards made, the cost of the abstract, with interest thereon from the time the same is subject to the inspection of the respective parties, must be allowed and taxed. Whenever such abstract is produced by the plaintiff before the commencement of the action, he must file with his complaint a notice that an abstract of the title has been made and is subject to the inspection and use of all the parties to the action, designating therein where the abstract will be kept for inspection. But if the plaintiff shall have failed to procure such abstract before commencing the action, and any defendant shall procure the same to be made, he shall, as soon as he has directed it to be made, file a notice thereof in the action with the clerk of courts, stating who is making the same, and where it will be kept when finished. The court, or the judge thereof, may direct, from time to time, during the progress of the action, who shall have the custody of the abstract. For purposes of this section, a title insurance policy may be submitted in lieu of an abstract.

Source: CCivP 1877, § 594; CL 1887, § 5408; RCCivP 1903, § 633; RC 1919, § 2844; SDC 1939 & Supp 1960, § 37.1441; SL 2015, ch 124, § 1.
S.D. Codified Laws § 21-21-10 — SD Code / Title 21 / Chapter 21 / Section 21-21-10
Investment of receivership funds--Consent of parties
Status: in_force

Funds in the hands of a receiver may be invested upon interest, by order of the court, but no such order can be made except upon the consent of all the parties to the action.

Source: CCivP 1877, § 224; CL 1887, § 5020; RCCivP 1903, § 232; RC 1919, § 2480; SDC 1939 & Supp 1960, § 37.2605.
S.D. Codified Laws § 21-17A-11 — SD Code / Title 21 / Chapter 17A / Section 21-17A-11
Seizure of property
Status: in_force

At the time of service of a writ of attachment, the sheriff or constable shall seize, in his county, so much of the property of the defendant as will satisfy the demand of the plaintiff with costs and expenses.

Source: SL 1983, ch 168, § 11.
S.D. Codified Laws § 21-3-7 — SD Code / Title 21 / Chapter 3 / Section 21-3-7
Double damages for failure of tenant to give up premises after notice of intention
Status: in_force

For the failure of a tenant to give up the premises held by him, when he has given notice of his intention to do so, the measure of damages is double the rent which he ought otherwise to pay.

Source: CivC 1877, § 1975; CL 1887, § 4608; RCivC 1903, § 2320; RC 1919, § 1992; SDC 1939 & Supp 1960, § 37.1905.
S.D. Codified Laws § 21-45-18 — SD Code / Title 21 / Chapter 45 / Section 21-45-18
Road or street set aside before partition or sale
Status: in_force

Before making partition or sale, the referees may, whenever it will be for the advantage of those interested, set apart a portion of the property for a way, road, or street, and the portion so set apart shall not be assigned to any of the parties or sold, but shall remain an open and public way, road, or street, unless the referees shall set the same apart as a private way for the use of the parties interested, or some of them, their heirs, or assigns, in which case it shall remain such private way.

Source: CCivP 1877, § 560; CL 1887, § 5374; RCCivP 1903, § 599; RC 1919, § 2810; SDC 1939 & Supp 1960, § 37.1413.
S.D. Codified Laws § 21-19-3 — SD Code / Title 21 / Chapter 19 / Section 21-19-3
Notice of levy on property--Contents--Statement as to claim of exemptions
Status: in_force

A notice of levy may be given by the creditor or the officer and shall set forth:

(1) A brief description of the process under which the levy was made, with the names of the parties to the action;

(2) The date of the levy and the name and official designation of the officer making the levy;

(3) A list of the property on which the levy was made;

(4) A statement that the debtor, within five days after service of the notice or within eight days after actual mailing thereof in the event of service by registered or certified mail, may claim exemptions allowed by law in addition to his absolute exemptions and that any dependent of a debtor may make such claim within five days after expiration of the period within which the debtor may make such claim, and that unless such debtor or such dependent makes such claim within such time, such failure to make such claim except as otherwise specifically provided by law, will be deemed a waiver of such additional exemptions.

Source: CCivP 1877, § 331; CL 1887, § 5135; SL 1893, ch 19; RCCivP 1903, § 360; RC 1919, § 2667; SDC 1939 & Supp 1960, § 37.4902.
S.D. Codified Laws § 21-45-41 — SD Code / Title 21 / Chapter 45 / Section 21-45-41
Report of sale filed with clerk of courts--Contents
Status: in_force

Within ten days after the sale of the property, or any part thereof, ordered to be sold, a report thereof, duly verified by the person making the same, shall be filed in the office of the clerk of courts of the county in which the action is pending, and shall

(1) Refer to the order for sale of the property sold;

(2) State when and where the property was sold, and that the sale was in all respects lawfully, honestly, and fairly conducted;

(3) Submit proof of the publication of the notice of sale by attaching the affidavit of publication thereof;

(4) Contain a description of the property sold;

(5) Contain the name and address of the highest bidder for each part of the property sold and the amount of the bid;

(6) Contain a statement and account of the sale fully itemized to show receipts therefrom and all items of costs, fees, disbursements and expenses.

Source: CCivP 1877, § 580; CL 1887, § 5394; RCCivP 1903, § 619; RC 1919, § 2830; SDC 1939, § 37.1436; SL 1947, ch 169.
S.D. Codified Laws § 21-18-15 — SD Code / Title 21 / Chapter 18 / Section 21-18-15
Judgment not rendered on garnishee's liability on negotiable instrument
Status: in_force

No judgment shall be rendered upon a liability of the garnishee arising by reason of his having drawn, accepted, made, endorsed, or guaranteed any negotiable bill, draft, note, or other security.

Source: SL 1909, ch 156, § 18; RC 1919, § 2471; SL 1925, ch 183; SDC 1939 & Supp 1960, § 37.2819 (1).
S.D. Codified Laws § 21-49-29 — SD Code / Title 21 / Chapter 49 / Section 21-49-29
Application of sale proceeds
Status: in_force

It shall be the duty of any officer who conducts any such sale to apply the proceeds in the following priority:

(1) To the payment of the expenses of sale;

(2) To the payment of the costs included in the judgment upon which sale was made;

(3) To the discharge of the debt adjudged to be due;

(4) To pay the surplus, if any, into court for the use of the defendants subject to the order of the court.

Source: SL 1977, ch 187, § 18.
S.D. Codified Laws § 21-47-7 — SD Code / Title 21 / Chapter 47 / Section 21-47-7
Injunction to restrain injury to property during existence of lien or foreclosure
Status: in_force

The court may by injunction, on good cause shown, restrain the party in possession from doing any act to the injury of real property during the existence of a lien or foreclosure of a mortgage thereon, and until the expiration of the time allowed for redemption.

Source: CCivP 1877, § 634; CL 1887, § 5448; RCCivP 1903, § 674; RC 1919, § 2913; SDC 1939 & Supp 1960, § 37.2906.
S.D. Codified Laws § 21-2-6 — SD Code / Title 21 / Chapter 2 / Section 21-2-6
Damages for breach of covenant against encumbrances
Status: in_force

The detriment caused by the breach of a covenant against encumbrances, in a grant of an estate in real property, is deemed to be the amount which has been actually expended by the covenantee in extinguishing either the principal or interest thereof; not exceeding in the former case a proportion of the price paid to the grantor, equivalent to the relative value, at the time of the grant, of the property affected by the breach, as compared with the whole; or, in the latter case interest on a like amount.

Source: CivC 1877, § 1952; CL 1887, § 4585; RCivC 1903, § 2297; RC 1919, § 1969; SDC 1939 & Supp 1960, § 37.1804.
S.D. Codified Laws § 21-45-23 — SD Code / Title 21 / Chapter 45 / Section 21-45-23
Judgment of partition--Persons bound by judgment
Status: in_force

Upon the report being confirmed, judgment must be rendered that such partition be effectual forever, which judgment is binding and conclusive:

(1) On all persons named as parties to the action, and their legal representatives, who have at the time any interest in the property divided, or any part thereof, as owners in fee, or as tenants for life or for years, or as entitled to the reversion, remainder, or the inheritance of such property, or any part thereof, after the determination of a particular estate therein, and who by any contingency may be entitled to a beneficial interest in the property, or who have an interest in any undivided share thereof as tenants for years or for life;

(2) On all persons interested in the property, who may be unknown, to whom notice has been given in the action for partition by publication;

(3) On all other persons claiming from such parties or persons, or either of them.

Source: CCivP 1877, § 562; CL 1887, § 5376; RCCivP 1903, § 601; RC 1919, § 2812; SDC 1939 & Supp 1960, § 37.1416.
S.D. Codified Laws § 21-41-16 — SD Code / Title 21 / Chapter 41 / Section 21-41-16
Judgment on counterclaim for improvements--Payment for land on default by plaintiff
Status: in_force

The judgment of the court upon such findings, if in favor of the plaintiff for the recovery of the real property, and in favor of the defendant for the counterclaim, shall require such plaintiff to pay to the defendant 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 defendant; and until such payment, or tender and 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 such defendant, his heirs, or assigns; and in default of such payment by the plaintiff, the defendant shall pay to the plaintiff the value of said land as determined by such findings, and the damages, if any recovered, for withholding the same and for waste committed upon said land by him.

Source: CCivP 1877, § 644; CL 1887, § 5458; SL 1893, ch 68; RCCivP 1903, § 684; RC 1919, § 2860; SDC 1939 & Supp 1960, § 37.1519.
S.D. Codified Laws § 21-10-25.7 — SD Code / Title 21 / Chapter 10 / Section 21-10-25.7
Agricultural operation nuisance--Compensatory damages
Status: in_force

The compensatory damages that may be awarded to a plaintiff for a private nuisance action, in which the alleged nuisance resulted from an agricultural operation are as follows:

(1) If the nuisance is a permanent nuisance, compensatory damages are measured by the reduction in the fair market value of the plaintiff's property caused by the nuisance, but not exceeding the fair market value of the property; and

(2) If the nuisance is a temporary nuisance, compensatory damages are limited to the reduction in the fair rental value of the plaintiff's property caused by the nuisance.

Source: SL 2023, ch 65, § 4.
S.D. Codified Laws § 21-6-2 — SD Code / Title 21 / Chapter 6 / Section 21-6-2
Action by state's attorney for benefit of spouse, minor children or public schools
Status: in_force

In case the losing party fails to bring an action under § 21-6-1 within the time allowed by said section, it shall be the duty of the state's attorney, at any time within six years from the date of the loss, to bring action to recover such thing, or the value thereof, for the benefit of the spouse or minor children of such party, or, in case there be no spouse or minor children, for the benefit of the public schools.

Source: SL 1907, ch 155, § 4; RC 1919, § 3927; SDC 1939, § 24.0103; SL 1979, ch 149, § 10.
S.D. Codified Laws § 21-41-11 — SD Code / Title 21 / Chapter 41 / Section 21-41-11
Contents of complaint
Status: in_force

In an action brought pursuant to 21-41-1 it shall be necessary for the plaintiff to state in his complaint in general terms only that he has or claims title in fee to the property, or a lien upon or interest therein as the case may be, which property must be described with sufficient certainty to enable an officer on execution to identify it; that the defendants are proper parties under the provisions of this chapter, and that the action is brought for the purpose of determining all adverse claims to such property and of quieting title thereto in the plaintiff, or of determining the liens or interest of all parties in and to such property, as the case may be. The plaintiff may also allege that he is entitled to the possession of the property and may allege any facts concerning the use and occupation and the rents, issues, and profits of the property and the value thereof which may be pertinent. The complaint shall also contain a prayer for the relief to which the plaintiff deems himself entitled, and shall call upon the defendants to set forth all their adverse claims to the property described.

Source: SL 1903, ch 194, § 3; SL 1905, ch 81; RC 1919, § 2848; Supreme Court Rule 581, 1939; SDC 1939 & Supp 1960, § 37.1507.
S.D. Codified Laws § 21-27-21 — SD Code / Title 21 / Chapter 27 / Section 21-27-21
Remand to custody or admission to bail pending review of order discharging writ
Status: in_force

Pending appellate review of an order discharging a writ of habeas corpus after it has been issued, the prisoner may be remanded to the custody from which he was taken by the writ, or detained in other appropriate custody, or admitted to bail, as to the court or judge rendering the decision may appear fitting in the circumstances of the particular case.

Source: Supreme Court Rule 623, 1939; SDC 1939 & Supp 1960, § 37.5509 (3).
S.D. Codified Laws § 21-16-8 — SD Code / Title 21 / Chapter 16 / Section 21-16-8
Time action brought on for trial--Special venire in jury cases
Status: in_force

An action under this chapter may be brought on for trial upon two days' notice after issue is joined. If a jury trial be demanded and no jury is in attendance on the day the action is noticed for trial, the court shall cause a special venire to issue as in cases where extra jurors are required, and proceed to impanel a jury and try the action as in other civil cases.

Source: SL 1907, ch 191, § 20; SL 1909, ch 176, § 7; SL 1911, ch 196, § 6; SL 1913, ch 278, § 4; RC 1919, § 2246; Supreme Court Rule 597, 1939; SDC 1939, § 37.3907; Court Rule Adopted September 29, 1945.
S.D. Codified Laws § 21-7-1 — SD Code / Title 21 / Chapter 7 / Section 21-7-1
Action for waste against conservator or tenant--Treble damages and eviction from premises
Status: in_force

If a conservator, tenant for life or years, joint tenant, or tenant in common of real property, commits waste thereon, any person aggrieved by the waste may bring an action against him, in which action there may be judgment for treble damages, forfeiture of the estate of the party offending, and eviction from the premises.

Source: SDC 1939 & Supp 1960, § 37.3601; SL 1993, ch 213, § 97.
S.D. Codified Laws § 21-42-5 — SD Code / Title 21 / Chapter 42 / Section 21-42-5
Joinder of different tracts in same action--Joinder of parties defendant
Status: in_force

Several tracts of land, contiguous or noncontiguous, and whether owned by different defendants and whether sold at the same time or different times, may be set forth in one complaint and all persons claiming any title to, or interest in or lien upon, any of said premises, or any part thereof, although their said claims are independent and not in common and do not cover the same tracts may be joined as defendants.

Source: SL 1941, ch 161, § 2; SL 1943, ch 140; SDC Supp 1960, § 37.16A02.
S.D. Codified Laws § 21-23-13 — SD Code / Title 21 / Chapter 23 / Section 21-23-13
Report for confirmation of sale authorized by trust instrument
Status: in_force

Whenever a trustee is duly empowered by the instrument which creates the trust, or otherwise, to make a sale of any property which is a part of the trust estate, whether real or personal, he shall not be required to obtain any authorization of the court as a prerequisite to such sale, but may, if he desires, report such sale to the court for confirmation.

Source: Supreme Court Order No. 2 (1) adopted October 12, 1944; SDC Supp 1960, § 33.26A01.
S.D. Codified Laws § 21-53-4 — SD Code / Title 21 / Chapter 53 / Section 21-53-4
Remedy cumulative as to other remedies
Status: in_force

This remedy shall be cumulative to any other existing right or remedy to foreclose or enforce a lien on personal property.

Source: CCivP 1877, § 675; CL 1887, § 5497; RCCivP 1903, § 744; RC 1919, § 2920; SDC 1939 & Supp 1960, § 37.3301.
S.D. Codified Laws § 21-37-5.2 — SD Code / Title 21 / Chapter 37 / Section 21-37-5.2
Notice and open court requirements--Exception--Name change of victims--Sealed records
Status: in_force

The court may grant an order changing the name of a person without publication of notice or a hearing in open court if all of the following conditions are met:

(1) The petitioner is over the age of eighteen years or is a guardian of a minor child;

(2) The petitioner or minor child is a resident of this state;

(3) The petitioner:

(a) Or minor child is a victim of human trafficking and has a particularized need for a change of name to protect them from a person who victimized them such that there is a sufficient basis to grant an exception to the requirements of §§ 21-37-4 and 21-37-5 ; or

(b) Is an adult, is a victim of domestic abuse, and the petitioner shows a particularized need for a change of name to protect the petitioner from the perpetrator such that there is a sufficient basis to grant an exception to the requirements of §§ 21-37-4 and 21-37-5 ;

(4) It appears to the court that the name change is in the petitioner's or minor child's best interests; and

(5) The court finds that the name change is not done for the purposes of fraud.

If good cause exists, the court may order all records regarding the petition and order be sealed. The court may order that if a new certificate of birth is obtained under § 34-25-16.8 , the original certificate, and any other evidence upon which a new certificate is made, be sealed. The order must include findings that the petitioner is a victim meeting the requirements of subsection (3)(a) or (3)(b). The records shall only be opened by a court order based upon showing good cause or at the petitioner's request.

Source: SL 2020, ch 75, § 1; SL 2022, ch 59, § 1.
S.D. Codified Laws § 21-52-4 — SD Code / Title 21 / Chapter 52 / Section 21-52-4
Foreclosure and execution sales subject to redemption
Status: in_force

The interests in real property described in § 21-52-3 , sold on foreclosure of a real estate mortgage or on special or general execution against the property of a judgment debtor, including special executions upon the foreclosure of any lien upon real property other than a lien for taxes or assessments shall be sold subject to redemption.

Source: SL 1949, ch 142, § 4; SDC Supp 1960, § 37.5604.
S.D. Codified Laws § 21-44-7 — SD Code / Title 21 / Chapter 44 / Section 21-44-7
Lis pendens notice required if property in another county affected
Status: in_force

If a petition filed pursuant to § 21-44-3 describes real estate or personal property situated in any county other than that in which such petition is filed, immediately after the filing of such petition, there shall be recorded in the office of the register of deeds of such other county or counties or in the proper office for filing with respect to such personal property a notice of the pendency of the proceeding, containing the title and the object of the proceeding and a description of the property to be affected thereby.

Source: Supreme Court Rule adopted August 10, 1943; Supreme Court Rule adopted April 19, 1948; SDC Supp 1960, § 37.1205.
S.D. Codified Laws § 21-36-18 — SD Code / Title 21 / Chapter 36 / Section 21-36-18
Placement on trial calendar if issue joined
Status: in_force

If the issue be joined by the service of an answer by any defendant, the cause shall be placed upon the trial calendar of the next regular term of said court by the service of notice of trial as provided by law and the rules of court.

Source: SL 1909, ch 104, § 4; RC 1919, § 3052; SDC 1939 & Supp 1960, § 37.4203.
S.D. Codified Laws § 21-1-1 — SD Code / Title 21 / Chapter 1 / Section 21-1-1
Right to damages for detriment from unlawful act or omission of another
Status: in_force

Every person who suffers detriment from the unlawful act or omission of another may recover from the person in fault a compensation therefor in money, which is called damages. Detriment is a loss or harm suffered in person or property.

Source: CivC 1877, §§ 1940, 1941; CL 1887, §§ 4574, 4575; RCivC 1903, §§ 2286, 2287; RC 1919, §§ 1959, 1960; SDC 1939 & Supp 1960, § 37.1701.
S.D. Codified Laws § 21-49-22 — SD Code / Title 21 / Chapter 49 / Section 21-49-22
Injunction against injury to property--Duration
Status: in_force

The court may by injunction, on good cause shown, restrain the party in possession from doing any act to the injury of the mortgaged property during the existence of a lien or the foreclosure of a mortgage thereon, and until the expiration of the time allowed for redemption.

Source: SL 1977, ch 187, § 12.
S.D. Codified Laws § 21-18-30 — SD Code / Title 21 / Chapter 18 / Section 21-18-30
Garnishee's answer conclusive unless issue taken--Trial of issues
Status: in_force

The answer of the garnishee shall in all cases be conclusive of the truth of the facts therein stated, and if it denies liability the proceeding against such garnishee shall be deemed discontinued, unless the plaintiff shall within thirty days serve upon the garnishee a notice in writing that he elects to take issue on his answer. In such case the issue shall stand for trial as a civil action in which the affidavit on the part of the plaintiff shall be deemed a complaint and the garnishee's affidavit the answer thereto. Nothing herein contained, however, shall permit raising of any issue when the state is garnishee defendant.

Source: SL 1909, ch 156, § 12; RC 1919, § 2464; SL 1927, ch 135, § 2; SDC 1939 & Supp 1960, § 37.2815.
S.D. Codified Laws § 21-37-5 — SD Code / Title 21 / Chapter 37 / Section 21-37-5
Hearing and order changing name of person
Status: in_force

At the time and place specified in the notice and upon proof in open court to the satisfaction of the judge thereof that notice of the hearing has been given as required in § 21-37-4 and that the allegations of the petition are true, and that there exists proper and reasonable cause for changing the name of the petitioner, the court or judge shall make an order directing a change of the name of the petitioner and directing that such order be entered by the clerk.

Source: CCivP 1877, § 735; CL 1887, § 5557; RCCivP 1903, § 804; RC 1919, § 3043; Supreme Court Rule 568, 1939; SDC 1939 & Supp 1960, § 37.1002 (3).
S.D. Codified Laws § 21-19-28 — SD Code / Title 21 / Chapter 19 / Section 21-19-28
Division and setting aside homestead exceeding limitations--Court order where division not feasible
Status: in_force

If the net value of the debtor's homestead being determined is more than the homestead exemption set by subdivision 43-45-3(2), the court shall determine whether it is feasible to divide such homestead so that the debtor retains his full homestead exemption as provided by law, which division, if feasible, shall be ordered made and the order shall provide that only that portion not set aside to the debtor is subject to levy. If the court finds that such division is not feasible, the court shall make an order to the effect that only that portion of the debtor's homestead represented by the valuation of such homestead exemption plus any encumbrances is subject to levy.

Source: SL 1890, ch 86, § 1; RCCivP 1903, § 345; RC 1919, § 2658; SDC 1939, § 37.4909; SL 1957, ch 186, § 3; SL 1977, ch 185, § 2; SL 1978, ch 156, § 2.
S.D. Codified Laws § 21-68-1 — SD Code / Title 21 / Chapter 68 / Section 21-68-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "COVID-19," the novel coronavirus identified as SARS-CoV-2, the disease caused by the novel coronavirus SARS-CoV-2 or a virus mutating therefrom, and conditions associated with the disease caused by the novel coronavirus SARS-CoV-2 or a virus mutating therefrom;

(2) "Disinfecting or cleaning supplies," hand sanitizers, disinfectants, sprays, and wipes;

(3) "First responders," law enforcement officers, firemen, emergency medical services workers, and other similarly situated persons;

(4) "Health care facility":

(a) Any facility regulated under chapter 34-12 ; or

(b) Residential care facilities, nursing facilities, intermediate care facilities for persons with mental illness, intermediate care facilities for persons with intellectual disabilities, hospice programs, elder group homes, dental clinics, orthodontic clinics, optometric clinics, chiropractic clinics, and assisted living programs;

(5) "Health care professional," physicians and other health care practitioners who are licensed, certified, or otherwise authorized or permitted by the laws of this state to administer health care services in the ordinary course of business or in the practice of a profession, whether paid or unpaid, including persons engaged in telemedicine or telehealth. The term includes the employer or agent of a health care professional who provides or arranges health care;

(6) "Health care provider," a health care professional, health care facility, home health care facility, and any other person or facility otherwise authorized or permitted by any federal or state statute, rule, order, or public health guidance to administer health care services or treatment, including first responders;

(7) "Health care services," services for the diagnosis, prevention, treatment, care, cure, or relief of a health condition, illness, injury, or disease;

(8) "Person," a natural person, corporate or common law entity, business entity registered pursuant to § 37-11-1 , and the state and any political subdivision thereof, including school districts. The term includes an agent of a person;

(9) "Personal protective equipment," protective clothing, gloves, face shields, goggles, facemasks, respirators, gowns, aprons, coveralls, and other equipment designed to protect the wearer from injury or the spread of infection or illness;

(10) "Premises," any real property and any appurtenant building or structure, and any vehicle, serving a commercial, residential, educational, religious, governmental, cultural, charitable, or health care purpose;

(11) "Public health guidance," written guidance related to COVID-19 issued by any of the following:

(a) The Center for Disease Control and Prevention of the federal Department of Health and Human Services;

(b) The Centers for Medicare and Medicaid Services of the federal Department of Health and Human Services;

(c) The federal Occupational Safety and Health Administration;

(d) The Office of the Governor; or

(e) Any state agency, including the Department of Health;

(12) "Qualified product":

(a) Personal protective equipment used to protect the wearer from COVID-19 or to prevent the spread of COVID-19;

(b) Medical devices, equipment, and supplies used to treat COVID-19, including medical devices, equipment, or supplies that are used or modified for an unapproved use to treat COVID-19 or to prevent the spread of COVID-19;

(c) Medical devices, equipment, and supplies used outside of their normal use to treat COVID-19 or to prevent the spread of COVID-19;

(d) Medications used to treat COVID-19, including medications prescribed or dispensed for off-label use to attempt to treat COVID-19;

(e) Tests to diagnose or determine immunity to COVID-19; or

(f) Any component of an item described in this subdivision.

(13) "Vehicle," a device used for transporting people, goods, or substances, including, but not limited to, an automobile, truck, bus, train, helicopter, or airplane.

Source: SL 2021, ch 91, § 1.
S.D. Codified Laws § 21-36-26 — SD Code / Title 21 / Chapter 36 / Section 21-36-26
Judgment for claimant to escheated property--Restoration of property--Interest not included in judgment
Status: in_force

If judgment shall be awarded the claimant, the court must order the property if not sold, to be delivered to him by the receiver, administrator, or the commissioner of school and public lands, or if it has been sold and the proceeds paid into the state treasury as a part of the school fund, the Legislature shall provide for the payment of the same. No judgment shall be rendered in favor of such person for a sum in excess of the principal received into the school fund, exclusive of interest, rents, and profits; it being the intent of this section that any interest or profits derived from said principal shall be retained in said school fund as compensation for the care and preservation of said property.

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 § 21-25A-6 — SD Code / Title 21 / Chapter 25A / Section 21-25A-6
Merits of claim not considered on application to compel arbitration
Status: in_force

An order for arbitration shall not be refused on the ground that the claim in issue lacks merit or because any fault or grounds for the claim sought to be arbitrated have not been shown.

Source: SL 1971, ch 157, § 2.
S.D. Codified Laws § 21-26-3 — SD Code / Title 21 / Chapter 26 / Section 21-26-3
Facts included in defendant's statement on judgment for money due or to become due
Status: in_force

If the judgment to be confessed be for money due or to become due, the defendant's verified statement must state concisely the facts out of which the debt arose, and must show that the sum confessed therefor is justly due, or to become due.

Source: CCivP 1877, § 716, subdiv 2; CL 1887, § 5538, subdiv 2; RCCivP 1903, § 785, subdiv 2; RC 1919, § 3024 (2); Supreme Court Rule 554, 1939; SDC 1939 & Supp 1960, § 37.0302 (2).
S.D. Codified Laws § 21-64-11 — SD Code / Title 21 / Chapter 64 / Section 21-64-11
Registration of claim of right of publicity by successor in interest--Posting on secretary of state's website
Status: in_force

Any person claiming to be a successor in interest to the right of publicity of a deceased personality pursuant to this chapter or a licensee thereof may register that claim with the secretary of state on a form prescribed by the secretary of state and upon payment of a one hundred dollar filing fee to the secretary of state. The form shall be verified and shall include the name and date of death of the deceased personality, the name and address of the claimant, the basis of the claim, and the rights claimed.

Upon receipt and after filing of any document pursuant to this section, the secretary of state shall post the document along with the entire registry of persons claiming to be a successor in interest to the right of publicity of a deceased personality or a registered licensee pursuant to this section on the secretary of state's website.

The secretary of state may microfilm or reproduce by other technique, any filing or document filed pursuant to this section and may then destroy the original filing or document. The secretary of state may destroy the microfilm or other reproduction of the filing or document seventy years after the death of the personality named therein.

A claim registered pursuant to this section is a public record.

Source: SL 2015, ch 126, § 11.
S.D. Codified Laws § 21-3A-6 — SD Code / Title 21 / Chapter 3A / Section 21-3A-6
Judgment for periodic installments--Adjustment--Index factor--Schedule of payments
Status: in_force

A judgment for periodic installments shall set out:

(1) The findings of the future damages for each calendar year; and

(2) A schedule of the base figure for each calendar year to be used in calculating future payments. The base figure is determined by discounting the findings for each calendar year in accordance with § 21-3A-9 .

As of the first day of each calendar year after a judgment for periodic installments is entered, the schedule of all installments not previously due shall be adjusted by adding to the base figure for each installment, in the most recently modified schedule, a sum determined by multiplying the base figure by the index factor defined in this section.

If a judgment for periodic installments has been in effect for:

(1) One year or more at the time of adjustment, the index factor is the annual percentage change in the consumer price index for urban wage earners and clerical workers as computed by the Bureau of Labor Statistics of the United States Department of Labor for the year before the year immediately preceding the year of adjustment;

(2) Less than one year but more than six months at the time of adjustment, the index factor is one - half of the index factor defined in this section; and

(3) Less than six months but more than three months at the time of adjustment, the index factor is one - fourth of the index factor defined in this section.

In all other cases, no adjustment may be made.

Unless the court directs otherwise or the parties otherwise agree, payments shall be scheduled at one - month intervals. Payments for damages accruing during the scheduled intervals are due at the beginning of the intervals.

Source: SL 1986, ch 163, § 6; SL 1988, ch 181, § 4.
S.D. Codified Laws § 21-62-6 — SD Code / Title 21 / Chapter 62 / Section 21-62-6
Lack of administrative remedy no basis for action
Status: in_force

The failure to adopt an administrative remedy or grievance procedure does not constitute the basis for any action or relief.

Source: SL 2010, ch 112, § 6.
S.D. Codified Laws § 21-49-16 — SD Code / Title 21 / Chapter 49 / Section 21-49-16
Service by publication
Status: in_force

If the defendant is a nonresident of the state, or absent or concealed, or if he is 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. If any 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: SL 1977, ch 187, § 6; SL 1995, ch 167, § 188.
S.D. Codified Laws § 21-26-4 — SD Code / Title 21 / Chapter 26 / Section 21-26-4
Facts stated in defendant's statement on judgment to secure against contingent liability
Status: in_force

If the judgment to be confessed be for the purpose of securing the plaintiff against a contingent liability, the defendant's verified statement must state concisely the facts constituting the liability, and must show that the sum confessed therefor does not exceed the amount of such liability.

Source: CCivP 1877, § 716, subdiv 3; CL 1887, § 5538, subdiv 3; RCCivP 1903, § 785, subdiv 3; RC 1919, § 3024 (3); Supreme Court Rule 554, 1939; SDC 1939 & Supp 1960, § 37.0302 (3).
S.D. Codified Laws § 21-44-9 — SD Code / Title 21 / Chapter 44 / Section 21-44-9
Publication of notice of hearing--Mail notice to parties--Other notice ordered by court
Status: in_force

Notice of the hearing shall be given by publication of the order for hearing in a legal newspaper of the county in which such petition is filed, once a week for three successive weeks prior to the hearing, and by mailing by regular mail true copies of the order addressed to the life tenant at the life tenant's last known post office address, to the Department of Social Services in Pierre, South Dakota, to the remaindermen entitled to the property on the expiration of the life estate, and to the heirs or heirs at law of the life tenant at their respective post office addresses as set forth in the petition, at least fourteen days prior to the date of the hearing. The court may, in the order for hearing, require any other or further notice to be given which the court deems reasonable. The department need not be specifically named in the notice and may file a claim for any indebtedness owed pursuant to §§ 28-6-23 to 28-6-27 , inclusive, at or before the hearing.

Source: SDC 1939, § 37.1205; Supreme Court Rule adopted August 10, 1943; Supreme Court Rule adopted April 19, 1948; SL 1982, ch 174, § 4; SL 1994, ch 229, § 11.
S.D. Codified Laws § 21-3-4 — SD Code / Title 21 / Chapter 3 / Section 21-3-4
Lien holder's damages for conversion of personal property
Status: in_force

One having a mere lien on personal property cannot recover greater damages for its conversion, from one having a right thereto superior to his, after his lien is discharged, than the amount secured by the lien, and the compensation allowed by § 21-3-3 , for the loss of time and expenses.

Source: CivC 1877, § 1972; CL 1887, § 4605; RCivC 1903, § 2317; RC 1919, § 1989; SDC 1939 & Supp 1960, § 37.1912.
S.D. Codified Laws § 21-17A-22 — SD Code / Title 21 / Chapter 17A / Section 21-17A-22
Hearing on motion--Order of court
Status: in_force

At the hearing on the motion, the court shall determine whether the plaintiff is entitled to the writ of attachment. If the court finds that the plaintiff is not entitled to the writ, it shall order the writ quashed, and any property levied on pursuant to the writ released.

Source: SL 1983, ch 168, § 22.
S.D. Codified Laws § 21-65-15 — SD Code / Title 21 / Chapter 65 / Section 21-65-15
Attorney's fees and court costs
Status: in_force

The court may order that the respondent pay the attorney's fees and court costs of the vulnerable adult and substitute petitioner.

Source: SL 2016, ch 120, § 17.
S.D. Codified Laws § 21-54-19 — SD Code / Title 21 / Chapter 54 / Section 21-54-19
Abatement of taxes owed on abandoned mobile home or manufactured home
Status: in_force

The county treasurer shall deliver the affidavit filed pursuant to § 21-54-18 to the board of county commissioners after issuance of the permit. Upon receipt of the affidavit, the board of county commissioners shall abate any taxes owed on the mobile home or manufactured home.

Source: SL 2007, ch 140, § 5.
S.D. Codified Laws § 21-31-7 — SD Code / Title 21 / Chapter 31 / Section 21-31-7
Further return if return of writ defective--Hearing and judgment by court
Status: in_force

If the return of the writ of certiorari be defective the court may order a further return to be made. When a full return has been made the court must hear the parties, or such of them as may attend for that purpose, and may thereupon, give judgment either affirming or annulling or modifying the proceedings below.

Source: CCivP 1877, § 692; CL 1887, § 5514; RCCivP 1903, § 761; RC 1919, § 3003; SDC 1939 & Supp 1960, § 37.0408.
S.D. Codified Laws § 21-31-3 — SD Code / Title 21 / Chapter 31 / Section 21-31-3
Agency or person to whom writ directed
Status: in_force

The writ of certiorari may be directed to the inferior court, tribunal, board, or officer, or to any other person having the custody of the records or proceedings to be certified.

Source: CCivP 1877, § 687; CL 1887, § 5509; RCCivP 1903, § 756; RC 1919, § 2998; Supreme Court Rule 557, 1939; SDC 1939 & Supp 1960, § 37.0403.
S.D. Codified Laws § 21-52-3 — SD Code / Title 21 / Chapter 52 / Section 21-52-3
Estates subject to redemption
Status: in_force

Only real property held in fee, or by life estate, or by leasehold extending more than two years beyond the date of sale shall be subject to redemption.

Source: SL 1949, ch 142, § 2; SDC Supp 1960, § 37.5602.
S.D. Codified Laws § 21-21-9 — SD Code / Title 21 / Chapter 21 / Section 21-21-9
Powers of receiver in collection and management of property
Status: in_force

The receiver has, under the control of the court, power to bring and defend actions in his own name as receiver, to take and keep possession of the property, to receive rents, collect debts, to compound for and compromise the same, to make transfers, and generally to do such acts respecting the property as the court may authorize.

Source: CCivP 1877, § 223; CL 1887, § 5019; RCCivP 1903, § 231; RC 1919, § 2479; SDC 1939 & Supp 1960, § 37.2604.
S.D. Codified Laws § 21-65-8 — SD Code / Title 21 / Chapter 65 / Section 21-65-8
Continuance of ex parte temporary protection order
Status: in_force

An ex parte temporary protection order is effective for a period of thirty days except as provided in § 21-65-9 unless the court grants a continuance for good cause. No continuance may exceed thirty days unless the court finds good cause for the additional continuance and:

(1) The parties stipulate to an additional continuance; or

(2) The court finds that law enforcement is unable to locate the respondent for purposes of service of the ex parte protection order.

Source: SL 2016, ch 120, § 10.
S.D. Codified Laws § 21-25A-26 — SD Code / Title 21 / Chapter 25A / Section 21-25A-26
Confirmation of award on denial of application to vacate
Status: in_force

If the application to vacate is denied and no motion to modify or correct the award is pending, the court shall confirm the award.

Source: SL 1971, ch 157, § 13.
S.D. Codified Laws § 21-12-2 — SD Code / Title 21 / Chapter 12 / Section 21-12-2
Restoration to original condition required on rescission for mistake
Status: in_force

Rescission cannot be adjudged for mere mistake, unless the party against whom it is adjudged can be restored to substantially the same condition as if the contract had not been made.

Source: CivC 1877, § 2009; CL 1887, § 4642; RCivC 1903, § 2354; RC 1919, § 2025; SDC 1939 & Supp 1960, § 37.0702.
S.D. Codified Laws § 21-32-5 — SD Code / Title 21 / Chapter 32 / Section 21-32-5
Time and place fixed for hearing claim--Notice to attorney general
Status: in_force

At any time after thirty days after the service of such petition upon the attorney general and upon ten days' notice by either party the commissioner shall fix a time and place for hearing said claim, due notice of which shall at least ten days prior to the day fixed for hearing be given in writing to the attorney general.

Source: SL 1947, ch 156, § 4; SDC Supp 1960, § 33.4304.
S.D. Codified Laws § 21-30-4 — SD Code / Title 21 / Chapter 30 / Section 21-30-4
Alternative and peremptory writs--Terms of writ
Status: in_force

The writ of prohibition must be alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed, and command such party to desist or refrain from further proceedings in the action or matter specified therein, until further order of the court from which it is issued, and to show cause before such court, at a specified time and place, why such party should not be absolutely restrained from any further proceedings in such action or matter. The peremptory writ must be in a similar form, except that the words requiring the party to show cause why he should not be absolutely restrained must be omitted and a return day inserted.

Source: CCivP 1877, § 710; CL 1887, § 5532; RCCivP 1903, § 779; RC 1919, § 3021; Supreme Court Rule 609, 1939; SDC 1939 & Supp 1960, § 37.4404.
S.D. Codified Laws § 21-19-9 — SD Code / Title 21 / Chapter 19 / Section 21-19-9
Time allowed for claim of exemptions--Claim by debtor's dependent
Status: in_force

Whenever a debtor upon whose property a levy has been made desires to claim as exempt any of such property, he may do so at any time after the levy and within five days after notice of such levy; or within eight days after actual mailing of such notice when the service is by registered or certified mail. Such claim shall be made by filing the same with the court and service upon the creditor and officer. If the debtor does not make such claim within such time, any dependent of debtor may make such claim within five days after expiration of the period within which the debtor may make such claim.

Source: CCivP 1877, §§ 326, 329; SL 1885, ch 55, § 1; CL 1887, §§ 5130, 5133; RCCivP 1903, §§ 355, 358; RC 1919, §§ 2662, 2665; SDC 1939 & Supp 1960, § 37.4903.
S.D. Codified Laws § 21-49-13 — SD Code / Title 21 / Chapter 49 / Section 21-49-13
Provisions includable in mortgage--Satisfaction of notice requirements
Status: in_force

In particular, but without limitation, any mortgage subject to the provisions of this chapter, may contain provisions relating to:

(1) In the case of default in the payment of the principal sum of money, or any part thereof, or interest thereon at the time specified for payment thereof, or in the case of nonpayment of any taxes, assessments, or insurance as required, or of breach of any covenant or agreement contained in the mortgage, then, the total debt, principal and interest, shall at the option of the holder of the mortgage, immediately become due and payable, upon twenty days' notice to the mortgagor. The notice may be given concurrently with any notice of the mortgagor's right to cure existing defaults. Thereafter the mortgage may be foreclosed, as provided in this chapter;

(2) In the case of foreclosure, that the holder of the mortgage shall recover reasonable attorney fees and actual disbursements necessarily incurred;

(3) In the case of foreclosure, that the holder of the mortgage is authorized to appoint a receiver to take possession of the mortgaged premises, if the premises are abandoned, or to have a receiver appointed by the circuit court upon sufficient proof being established therefor;

(4) An agreement for the collection of installment payments for taxes and insurance to be held in escrow, in an account with the mortgagee, until the due dates thereof;

(5) In the case of foreclosure, and during the period of redemption, that the mortgagor assigns all his rights and interest to the rental or income of the mortgaged premises;

(6) In the case of foreclosure, that the mortgagor shall pay to the holder of the mortgage the difference between the net proceeds of sale, if less than the total debt due;

(7) If the mortgaged premises are sold without the prior consent of the mortgagee, that the entire balance owing may at the option of the mortgagee be declared immediately due and payable upon sixty days notice to the mortgagor, and the mortgage foreclosed as provided in this chapter; or

(8) That in the case of foreclosure by action, the holder of the certificate of sale may apply to the court for a reduction of the redemption period if the property has been abandoned by the mortgagor. If, after notice to the parties as the court directs, the court finds the property has been abandoned, the redemption period may be reduced. The redemption period may not be reduced to less than sixty days from the date of recording the certificate of sale.

The notice requirements of this section shall be satisfied when the notice is deposited in the United States mail, registered or certified mail, return receipt requested, and addressed to the last known address of the mortgagor.

Source: SL 1977, ch 187, § 3; SL 1981, ch 170, § 1; SL 1987, ch 29, § 30; SL 1988, ch 184, § 1.
S.D. Codified Laws § 21-44-16 — SD Code / Title 21 / Chapter 44 / Section 21-44-16
Statement or affidavit establishing death of person in military service
Status: in_force

If the life tenant was in the military service at the time of his death, the written statement of his commanding officer giving the facts of his death, signed by such commanding officer with his rank and organization, or the affidavit of one or more soldiers who knew the fact of his death, may be accepted in lieu of any of the proof required by § 21-44-15 .

Source: Supreme Court Rule adopted August 10, 1943; SDC Supp 1960, § 37.1206.
S.D. Codified Laws § 21-42-8 — SD Code / Title 21 / Chapter 42 / Section 21-42-8
Summons and complaint in same form as for civil actions--Service as in quiet title actions
Status: in_force

The summons and complaint must be of the same form and substance as otherwise provided by the laws of this state for the commencement of civil actions, and shall be served in the same manner as provided by §§ 21-41-8 and 21-41-9 .

Source: SL 1941, ch 161, § 4; SL 1943, ch 140; SDC Supp 1960, § 37.16A04.
S.D. Codified Laws § 21-25A-13 — SD Code / Title 21 / Chapter 25A / Section 21-25A-13
Depositions permitted by arbitrators--Compelling testimony
Status: in_force

On application of a party and for use as evidence, the arbitrators may permit a deposition to be taken, in the manner and upon the terms designated by the arbitrators, of a witness who cannot be subpoenaed or is unable to attend the hearing. All provisions of law compelling a person under subpoena to testify are applicable.

Source: SL 1971, ch 157, § 7.
S.D. Codified Laws § 21-22-8 — SD Code / Title 21 / Chapter 22 / Section 21-22-8
Petition, hearing, and order resuming court supervision
Status: in_force

At any time during the existence of the trust, after supervision has been dispensed with pursuant to § 21-22-7 , any fiduciary, trustor, or beneficiary may petition for a resumption of the supervision in which event the court shall, upon notice as provided pursuant to this chapter, conduct a hearing and the supervision shall be resumed unless good cause to the contrary is shown.

Source: Supreme Court Rule 240, 1939; SDC 1939 & Supp 1960, § 33.2604; SL 2014, ch 226, § 9; SL 2015, ch 240, § 23.
S.D. Codified Laws § 21-48A-2 — SD Code / Title 21 / Chapter 48A / Section 21-48A-2
Lien released upon failure of junior lienholder to redeem
Status: in_force

A junior lienholder may redeem the real property pursuant to § 21-48A-5 . If a junior lienholder fails to redeem its lien as provided in this chapter, its lien shall be released from the property.

Source: SL 1991, ch 185, § 2.
S.D. Codified Laws § 21-47-5 — SD Code / Title 21 / Chapter 47 / Section 21-47-5
Foreclosure not permitted after money judgment unless execution returned unsatisfied
Status: in_force

If it appear that any judgment has been obtained in an action at law for the moneys demanded by such complaint, or any part thereof, no proceedings shall be had in such case unless an execution against the property of the defendant in such judgment has been issued, and the sheriff or other officer shall have made return that the execution is unsatisfied in whole or in part, and that the defendant has no property whereon to satisfy such execution.

Source: CCivP 1877, § 621; CL 1887, § 5435; RCCivP 1903, § 660; RC 1919, § 2902; SDC 1939 & Supp 1960, § 37.2905.
S.D. Codified Laws § 21-65-4 — SD Code / Title 21 / Chapter 65 / Section 21-65-4
Rights of vulnerable adult in action brought by substitute petitioner
Status: in_force

If a substitute petitioner files a petition pursuant to § 21-65-2 on behalf of a vulnerable adult, the vulnerable adult retains the right to all of the following:

(1) To contact and retain counsel;

(2) To have access to personal records;

(3) To file objections to the protection order;

(4) To request a hearing on the petition; and

(5) To present evidence and cross-examine witnesses at the hearing.

Source: SL 2016, ch 120, § 6.
S.D. Codified Laws § 21-22-27 — SD Code / Title 21 / Chapter 22 / Section 21-22-27
Prior settlement and distribution decrees validated--Assertion of vested rights
Status: in_force

All decrees of any court of this state made prior to January 1, 2010, settling accounts of trustees or distributing in whole or in part trust estates are hereby legalized, cured, and validated, notwithstanding any defects, omissions, or irregularities in the form of the petition, account, or the notice of the application therefor or in the manner, form, or method of giving or serving such notice.

If a person has a vested right in any real or personal property by reason of a defect, omission, or irregularity referred to in this section, and if no action or proceeding to enforce such right was commenced prior to July 1, 2011, such right shall be forever barred. No action or proceeding brought involving real property shall be of any force or effect, or maintainable in a court of this state, unless prior to July 1, 2011, 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 1983, ch 222, § 1; SL 1992, ch 307, § 6; SL 2010, ch 232, § 26.
S.D. Codified Laws § 21-25B-24 — SD Code / Title 21 / Chapter 25B / Section 21-25B-24
Records and files of panel closed to public until judgment--Court order for disclosure--Record filed with clerk of courts
Status: in_force

Records and files of proceedings before the health care services arbitration panel shall not, until the entry of judgment therein, be open to public inspection or examination, and the parties thereto or the subject thereof shall not be identified or disclosed except to the parties to such proceedings, their counsel of record, or members of the arbitration panel, or except upon order of the circuit court of the circuit in which such proceedings are venued, upon a showing of good cause therefor. When all proceedings are completed, the arbitration officer shall file the record with the clerk of courts.

Source: SL 1976, ch 155, §§ 19, 24.
S.D. Codified Laws § 21-44-27 — SD Code / Title 21 / Chapter 44 / Section 21-44-27
Spousal joint tenancy termination
Status: in_force

If the spouse of a decedent is the sole surviving joint tenant in real property, any interested person may terminate the joint tenancy by furnishing the register of deeds of the county where the property is located with an affidavit setting forth the following:

(1) The name and date of death of the deceased joint tenant;

(2) The legal description of the real property held in joint tenancy;

(3) The name of the surviving spouse of the deceased joint tenant;

(4) That the surviving spouse of the deceased joint tenant is the sole surviving joint tenant in the real property.

The affidavit shall be accompanied by a certified copy of the death certificate of the deceased joint tenant.

Source: SL 1995, ch 119; SL 1996, ch 149; SL 1999, ch 114, § 1; SL 2021, ch 34, § 5.
S.D. Codified Laws § 21-27-24 — SD Code / Title 21 / Chapter 27 / Section 21-27-24
Terms of bond given on admission to bail--Surety
Status: in_force

When the prisoner is admitted to bail, he shall furnish a bond in such sum as the court directs, conditioned that he shall render himself amenable to all orders and process of the court or judge and that he will forthwith comply with any order directing his return to custody. Except as to the bond of a prisoner whose discharge has been ordered, the bond must be with the same surety as required on a bail bond of a defendant in a criminal action.

Source: Supreme Court Rule 623, 1939; SDC 1939 & Supp 1960, § 37.5509 (6).
S.D. Codified Laws § 21-22-21 — SD Code / Title 21 / Chapter 22 / Section 21-22-21
Notice dispensed with by consent of parties
Status: in_force

If all beneficiaries of the trust join in a petition or report, or signify in writing their approval thereof, the notice required by § 21-22-17 may be dispensed with and the hearing may be had at any time.

Source: Supreme Court Rule adopted November 4, 1941; Supreme Court Rule adopted October 14, 1957; SDC Supp 1960, § 33.2610.
S.D. Codified Laws § 21-27-8 — SD Code / Title 21 / Chapter 27 / Section 21-27-8
Signature and direction of writ--Endorsement by Habeas Corpus Act
Status: in_force

The writ of habeas corpus, if issued by the court, shall be under the seal of the court, or if by a judge, under his hand; and shall be directed to the person in whose custody the applicant is detained. To the end that no officer, sheriff, jailer, keeper, or other person to whom such writ is directed may pretend ignorance thereof, every such writ shall be endorsed with these words, By the Habeas Corpus Act.

Source: CCrimP 1877, § 671; CL 1887, § 7839; RCCrimP 1903, § 771; RC 1919, § 4978; SDC 1939 & Supp 1960, § 37.5501; SL 1983, ch 169, § 6.
S.D. Codified Laws § 21-52-19 — SD Code / Title 21 / Chapter 52 / Section 21-52-19
Successive redemptions by junior lien holders
Status: in_force

In like manner holders of junior liens may redeem from a prior redemptioner, making payments required in § 21-52-14 , and paying, in addition, the amounts of any liens senior to their own, on which successive prior redemptions have been made, including any sums advanced for taxes, insurance, and installments of principal or interest, by such senior redemptioner, if he shall have filed in the office of the register of deeds an affidavit setting forth the amounts of such advances for principal and interest, taxes and insurance. Redemptioners need not redeem in the order of priority of their liens.

Source: SL 1949, ch 142, § 11; SDC Supp 1960, § 37.5611.
S.D. Codified Laws § 21-66-5 — SD Code / Title 21 / Chapter 66 / Section 21-66-5
Admissibility of trust claims material and trust governance document--Discovery
Status: in_force

Every trust claims material or trust governance document is presumed to be relevant and authentic and is admissible in evidence. Claims of privilege do not apply to any trust claims material or trust governance document. A defendant in an asbestos action may seek discovery from an asbestos trust. The plaintiff may not claim privilege or confidentiality to bar discovery and shall provide consent or other expression of permission that may be required by the asbestos trust to release information or material sought by a defendant.

Source: SL 2017, ch 94, § 5.
S.D. Codified Laws § 21-17A-5 — SD Code / Title 21 / Chapter 17A / Section 21-17A-5
Action and writ on demand not due--Grounds--Affidavit--Bond--Damages and costs for defendant
Status: in_force

An action may be maintained and a writ of attachment issued on a demand not yet due in any case mentioned in § 21-17A-3 or 21-17A-4 , except the cases mentioned in subdivision 21-17A-3(5), (6), or (7) and the same proceedings in the action shall be had and the same affidavit shall be required as in actions upon matured demands except that the affidavit shall state that the debt is to become due. The bond specified in § 21-17A-7 shall be for three times the amount demanded. In case an attachment is issued before the maturity of the debt and a defense to such attachment is sustained the court shall render a judgment for damages and costs against the plaintiff.

Source: SL 1983, ch 168, § 5.
S.D. Codified Laws § 21-35-5 — SD Code / Title 21 / Chapter 35 / Section 21-35-5
Attachment of document authorizing condemnation
Status: in_force

In all cases where any resolution, ordinance, or other proceeding of any corporation is required by law before taking private property, a copy of such resolution, ordinance, or proceeding shall be attached to such petition.

Source: SL 1891, ch 94, § 2; RCCivP 1903, § 864; RC 1919, § 2939; SDC 1939 & Supp 1960, § 37.4001.
S.D. Codified Laws § 21-49-23 — SD Code / Title 21 / Chapter 49 / Section 21-49-23
Judgment rendered for amount due and costs--Sale of property and delivery to purchaser--Lien priorities
Status: in_force

In an action for foreclosure or satisfaction, a court may:

(1) Render a judgment against the mortgagor for the amount of the mortgage debt due at the time of the rendition of such judgment, and the costs of the action, including reasonable attorney fees and actual disbursements made,

(2) Order and decree a sale of the mortgaged property, or such part thereof as may be sufficient to pay the amount adjudged to be due, and costs of sale,

(3) If deemed necessary, direct in what parcels the property shall be offered, and the order in which they shall be offered and further to direct that if there be no bid for any parcel, such parcel may be sold with any other parcel, not yet sold, in one parcel; and

(4) Order and compel the delivery of possession of the property to the purchaser.

In no case under this chapter shall the possession of the property so sold be delivered to the person entitled thereto, until after the expiration of the period of redemption, subject however to the rights of any person under a valid assignment of rents, and a receiver in possession thereof. There shall be added to the amount of any such judgment all sums reasonably expended by the mortgagee for the protection and preservation of the mortgaged property or the mortgagee's interest therein. The court shall further determine the priority of any other liens, the owners of which were made a party to the action, and shall have the further power to determine the rights of subsequent liens filed after the commencement of suit.

Source: SL 1977, ch 187, § 13; SL 1981, ch 170, § 4.
S.D. Codified Laws § 21-67-4 — SD Code / Title 21 / Chapter 67 / Section 21-67-4
Exceptions to liability
Status: in_force

(a) In this section:

(1) "Child" means an unemancipated individual who is less than eighteen years of age;

(2) "Parent" means an individual recognized as a parent under law of this state other than this chapter.

(b) A person is not liable under this chapter if the person proves that disclosure of, or a threat to disclose, an intimate image was:

(1) Made in good faith in:

(A) Law enforcement;

(B) A legal proceeding; or

(C) Medical education or treatment;

(2) Made in good faith in the reporting or investigation of:

(A) Unlawful conduct; or

(B) Unsolicited and unwelcome conduct;

(3) Related to a matter of public concern or public interest; or

(4) Reasonably intended to assist the depicted individual.

(c) Subject to subsection (d), a defendant who is a parent, legal guardian, or custodian of a child is not liable under this chapter for a disclosure or threatened disclosure of an intimate image, as defined in § 21-67-2 , of the child.

(d) If a defendant asserts an exception to liability under subsection (c), the exception does not apply if the plaintiff proves the disclosure was:

(1) Prohibited by law other than this chapter; or

(2) Made for the purpose of sexual arousal, sexual gratification, humiliation, degradation, or monetary or commercial gain.

(e) Disclosure of, or a threat to disclose, an intimate image is not a matter of public concern or public interest solely because the depicted individual is a public figure.

Source: SL 2020, ch 77, § 4.
S.D. Codified Laws § 21-52-12 — SD Code / Title 21 / Chapter 52 / Section 21-52-12
Methods of extending time for redemption--Execution and recording of agreement for extension--Redemptioners affected by agreement
Status: in_force

As to any redemptioner the right of redemption shall exist for one year after the sale of the property. The period of redemption herein limited may be extended in the manner described in §§ 21-52-13 , 21-52-22 and 21-52-23 and may also be extended by a written agreement between the purchaser of the property at a judicial sale of the class described in § 21-52-1 , and any redemptioner, provided such agreement is in writing, signed and acknowledged by the purchaser at such sale and recorded in the office of the register of deeds where the certificate of sale was recorded, within one year from the date of sale, or within such further period as may be provided by §§ 21-52-13 , 21-52-22 and 21-52-23 . When the time for redemption is extended by written contract as herein provided, it shall be extended in favor of all redemptioners whether they are parties to such agreement or not.

Source: SL 1949, ch 142, § 5; SDC Supp 1960, § 37.5605.
S.D. Codified Laws § 21-18-51 — SD Code / Title 21 / Chapter 18 / Section 21-18-51
Maximum amount subject to garnishment
Status: in_force

The maximum part of the aggregate disposable earnings of a wage earner for any workweek which is subject to garnishment may not exceed the lesser of:

(1) Twenty percent of disposable earnings for that week;

(2) The amount by which disposable earnings for that week exceed forty times the federal minimum hourly wage prescribed by 29 U.S.C. 206(a)(1) as amended and in effect on July 24, 2009, or applicable state minimum wage if greater, or any equivalent multiple thereof prescribed by regulation by the secretary of labor and regulation in case of earnings for any pay period other than a week, in effect at the time the earnings are payable less twenty-five dollars per week for each dependent family member residing with the garnishment debtor other than the garnishment debtor himself or herself.

The restrictions of subdivisions (1) and (2) do not apply in the case of any order of any court for the support of any person or any order of any court of bankruptcy under Title 11 of the United States Code.

Source: SL 1989, ch 189, § 1; SL 1990, ch 157, § 10; SL 1991, ch 366, § 2; SL 1993, ch 171; SL 1997, ch 124, § 1; SL 1998, ch 127, § 1; SL 2009, ch 111, § 1; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 33, eff. Apr. 12, 2011; SL 2016, ch 116, § 17.
S.D. Codified Laws § 21-24-14 — SD Code / Title 21 / Chapter 24 / Section 21-24-14
Chapter declared remedial--Liberal construction
Status: in_force

This chapter is declared to be remedial; its purpose is to settle and to afford relief from uncertainty and insecurity with respect to rights, status, and other legal relations; and is to be liberally construed and administered.

Source: SL 1925, ch 214, § 12; SDC 1939 & Supp 1960, § 37.0112.
S.D. Codified Laws § 21-25B-10 — SD Code / Title 21 / Chapter 25B / Section 21-25B-10
Appointment of arbitration officer--Qualifications--Filing of papers with officer
Status: in_force

The presiding judge of the circuit court shall, within ten days after institution as a claim pursuant to § 21-25B-6 , appoint an arbitration officer to sit with the health care services arbitration panel. The arbitration officer shall be an individual licensed to practice law in the State of South Dakota. The written statement of the complainant and all other papers in the case shall be filed with the arbitration officer until the work of the panel has been completed.

Source: SL 1976, ch 155, §§ 15, 19.