S.D. Codified Laws § 21-27-29 — SD Code / Title 21 / Chapter 27 / Section 21-27-29
Forfeiture for new arrest or detention after discharge on writ--Liability for damages unaffected
Status: in_force

Any person who, knowing that another has been discharged by order of a competent judge or tribunal on a writ of habeas corpus, shall, contrary to the provisions of this chapter, arrest or detain him again for the same cause which was shown on the return of such writ, shall forfeit to the prisoner or person aggrieved five hundred dollars for the first offense and one thousand dollars for every subsequent offense. Recovery of the penalties provided herein shall be no bar to a civil suit for damages.

Source: CCrimP 1877, §§ 685, 688; CL 1887, §§ 7853, 7856; RCCrimP 1903, §§ 785, 788; RC 1919, §§ 4989, 4990; SDC 1939 & Supp 1960, § 37.5507.
S.D. Codified Laws § 21-65-6 — SD Code / Title 21 / Chapter 65 / Section 21-65-6
Guardian ad litem
Status: in_force

Pursuant to § 15-6-17(c), the court may on its own motion or on the motion of a party appoint a guardian ad litem for a vulnerable adult if justice requires. The vulnerable adult's attorney may not also serve as the guardian ad litem.

Source: SL 2016, ch 120, § 8.
S.D. Codified Laws § 21-49-24 — SD Code / Title 21 / Chapter 49 / Section 21-49-24
Sale by court-appointed officer--Levy not required
Status: in_force

Any sale of mortgaged property shall be made by a person appointed by the court, and shall be made as the court shall direct, in the county where the property, or some part is located. No levy on mortgaged property under the judgment shall be required and the officer may proceed to advertise and sell it upon receipt of the judgment without further proceedings.

Source: SL 1977, ch 187, § 14.
S.D. Codified Laws § 21-35-17 — SD Code / Title 21 / Chapter 35 / Section 21-35-17
Benefits of municipal improvement considered by jury
Status: in_force

In all cases of taking or damaging private property by a municipal corporation, the jury shall take into consideration the benefits which may accrue to the owner thereof as the result of the proposed improvement.

Source: SL 1891, ch 94, § 11; RCCivP 1903, § 873; RC 1919, § 2948; Supreme Court Rule 603, 1939; SDC 1939 & Supp 1960, § 37.4010.
S.D. Codified Laws § 21-47-18 — SD Code / Title 21 / Chapter 47 / Section 21-47-18
Application of proceeds of sale--Investment of unclaimed surplus
Status: in_force

It shall be the duty of every officer or person who conducts any such sale to apply the proceeds as follows:

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

(2) To the payment of the costs and disbursements taxed in the action in which the sale is made;

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

(4) To pay the surplus, if any, into court for the use of the defendant or the person entitled thereto, subject to the order of the court.

If such surplus or any part thereof shall remain in court for the term of three months without being applied for, the court may direct the same to be put out at interest for the benefit of the defendant, his representatives, or assigns, subject to the order of the court.

Source: CCivP 1877, §§ 624, 625; CL 1887, §§ 5438, 5439; SL 1893, ch 118; RCCivP 1903, §§ 663 to 665; RC 1919, § 2905; SDC 1939 & Supp 1960, § 37.2913.
S.D. Codified Laws § 21-50-5 — SD Code / Title 21 / Chapter 50 / Section 21-50-5
Receipt or affidavit establishing record of compliance with judgment
Status: in_force

Record of compliance with the judgment must be made by filing in the office of the clerk of the court where the judgment is docketed a receipt or other satisfaction from the party or his attorney of record to whom payment or other performance is due, or by the affidavit of the party or his attorney of record from whom payment or other performance is due, showing that he has complied with the judgment and the reason that no receipt or other satisfaction is filed.

Source: SDC 1939 & Supp 1960, § 37.3101.
S.D. Codified Laws § 21-52-31 — SD Code / Title 21 / Chapter 52 / Section 21-52-31
Delivery and recording of certificate to cotenant making contribution
Status: in_force

Whenever a cotenant, pursuant to the notice mentioned in § 21-52-29 , shall have paid his proportionate share pursuant to such notice, the cotenant receiving such payment shall deliver to the cotenant making such payment a certificate reciting the fact of such payment and shall record a duplicate thereof in the office of the register of deeds of the county in which the foreclosure or judicial sale was made.

Source: SL 1949, ch 142, § 14; SDC Supp 1960, § 37.5614 (3).
S.D. Codified Laws § 21-26-7 — SD Code / Title 21 / Chapter 26 / Section 21-26-7
Execution for installment payments--Judgment and execution for later installments
Status: in_force

When the debt for which the judgment is recovered is not all due, or is payable in installments and the installments are not all due, the execution may issue upon such judgment for the collection of such installments as have become due, and shall be in the usual form, but shall have endorsed thereon, by the attorney or person issuing the same, a direction to the sheriff to collect the amount due on such judgment, with interest and costs, which amount shall be stated, with interest thereon, and the costs of said judgment. Notwithstanding the issue and collection of such execution, the judgment shall remain as security for the installments thereafter to become due, and whenever any further installments become due, execution may in like manner be issued for the collection and enforcement of the same.

Source: CCivP 1877, § 717; CL 1887, § 5539; RCCivP 1903, § 786; RC 1919, § 3025; Supreme Court Rule 555, 1939; SDC 1939 & Supp 1960, § 37.0303.
S.D. Codified Laws § 21-27-1 — SD Code / Title 21 / Chapter 27 / Section 21-27-1
Right of person detained or imprisoned to apply for writ
Status: in_force

Any person committed or detained, imprisoned or restrained of his liberty, under any color or pretense whatever, civil or criminal, except as provided herein, may apply to the Supreme or circuit court, or any justice or judge thereof, for a writ of habeas corpus.

Source: CCrimP 1877, §§ 671, 672; CL 1887, §§ 7839, 7840; RCCrimP 1903, §§ 771, 772; RC 1919, §§ 4978, 4979; SDC 1939 & Supp 1960, § 37.5501; SL 1983, ch 169, § 1.
S.D. Codified Laws § 21-12-1 — SD Code / Title 21 / Chapter 12 / Section 21-12-1
Grounds for rescission
Status: in_force

The rescission of a written contract may be adjudged on the application of a party aggrieved:

(1) In any of the cases mentioned in § 53-11-2 ;

(2) Where the contract is unlawful, for causes not apparent upon its face, and the parties were not equally in fault;

(3) When the public interest will be prejudiced by permitting it to stand.

Source: CivC 1877, § 2008; CL 1887, § 4641; RCivC 1903, § 2353; RC 1919, § 2024; SDC 1939 & Supp 1960, § 37.0701.
S.D. Codified Laws § 21-48-17 — SD Code / Title 21 / Chapter 48 / Section 21-48-17
Investment of surplus proceeds deposited with clerk
Status: in_force

If such surplus, or any part thereof, shall remain with the clerk of said court for a term of three months without the rights thereto being fully determined, the clerk may deposit the same in some bank in said county and take an interest - bearing certificate of deposit therefor, and hold the same for the benefit of the person or persons who may be entitled thereto until the rights of the parties thereto have been fully determined.

Source: SL 1923, ch 222; SDC 1939 & Supp 1960, § 37.3006.
S.D. Codified Laws § 21-25B-22 — SD Code / Title 21 / Chapter 25B / Section 21-25B-22
Transcription of hearing--Expert witnesses--Expenses of panel members
Status: in_force

The hearing before the health care services arbitration panel shall be transcribed by a court reporter. The panel may retain expert witnesses to aid in its determination. Expenses incurred by the panel shall be paid out of the health care services arbitration account.

Source: SL 1976, ch 155, § 17.
S.D. Codified Laws § 21-22-25 — SD Code / Title 21 / Chapter 22 / Section 21-22-25
Attendance of witnesses and production of evidence at investigations and hearings
Status: in_force

Upon any such examinations or hearings on reports the court, or the referee or the accountant or agent whom it may appoint, may require the attendance of witnesses and the production of documents and other evidence and make such inquiry and investigations as are necessary to pass upon the report or other act correctly.

Source: Supreme Court Rule 247, 1939; SDC 1939 & Supp 1960, § 33.2611.
S.D. Codified Laws § 21-25A-17 — SD Code / Title 21 / Chapter 25A / Section 21-25A-17
Adjournment or postponement of hearing--Failure of party to appear--Court order to proceed promptly
Status: in_force

Unless otherwise provided by the agreement, the arbitrators may adjourn the hearing from time to time as necessary and, on request of a party and for good cause, or upon their own motion may postpone the hearing to a time not later than the date fixed by the agreement for making the award unless the parties consent to a later date. The arbitrators may hear and determine the controversy upon the evidence produced notwithstanding the failure of a party duly notified to appear. The court on application may direct the arbitrators to proceed promptly with the hearing and determination of the controversy.

Source: SL 1971, ch 157, § 5 (1).
S.D. Codified Laws § 21-2-4 — SD Code / Title 21 / Chapter 2 / Section 21-2-4
Damages for breach of agreement to purchase real property
Status: in_force

The detriment caused by the breach of an agreement to purchase an estate in real property, is deemed to be the excess, if any, of the amount which would have been due to the seller under the contract, over the value of the property to him.

Source: CivC 1877, § 1954; CL 1887, § 4587; RCivC 1903, § 2299; RC 1919, § 1971; SDC 1939 & Supp 1960, § 37.1806.
S.D. Codified Laws § 21-36-8 — SD Code / Title 21 / Chapter 36 / Section 21-36-8
Allegations required in complaint for escheat
Status: in_force

It shall only be necessary to allege in the complaint the name of the person last seized, a general description of the estate and its approximate value, the names of the occupants or the persons in possession and claiming such estate, if known, their last - known residence and post office address, and the facts and circumstances in consequence of which the estate is claimed to have escheated, with an allegation that by reason thereof the State of South Dakota has a right by law to such estate.

Source: SL 1909, ch 104, § 4; RC 1919, § 3052; SDC 1939 & Supp 1960, § 37.4203.
S.D. Codified Laws § 21-64-1 — SD Code / Title 21 / Chapter 64 / Section 21-64-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Commercial purpose," the use of an aspect of a personality's right of publicity in connection with a product, merchandise, goods, service, or commercial activity; for advertising or soliciting purchases of a product, merchandise, goods, service, or for promoting a commercial activity; or for the purpose of fund-raising;

(2) "Personality," a living or deceased natural person who is a citizen of this state, or who died domiciled in this state whose name, voice, signature, photograph, image, likeness, distinctive appearance, gesture, or mannerism identifies a specific person and has commercial value, whether or not the person uses or authorizes the use of the person's rights of publicity for a commercial purpose that serves to identify a specific person;

(3) "Right of publicity," a personality's property interest in the personality's name, voice, signature, photograph, image, likeness, distinctive appearance, gesture, or mannerism.

Source: SL 2015, ch 126, § 1.
S.D. Codified Laws § 21-23-4 — SD Code / Title 21 / Chapter 23 / Section 21-23-4
Perishable property ordered sold without hearing--Report of sale
Status: in_force

Perishable property in the hands of such court officer may be ordered sold on his application, without hearing thereon. A written report of such sale containing the matters required in § 21-23-12 shall be submitted to the court.

Source: Supreme Court Order No. 2 (9) adopted October 12, 1944; SDC Supp 1960, § 33.26A09.
S.D. Codified Laws § 21-36-21 — SD Code / Title 21 / Chapter 36 / Section 21-36-21
Recording of judgment where title to real property determined
Status: in_force

In case the title to real property is determined, a certified copy of the judgment of the court shall be recorded in the office of the register of deeds of the county in which such real estate is situated.

Source: SL 1909, ch 104, § 7; RC 1919, § 3055; SDC 1939 & Supp 1960, § 37.4205.
S.D. Codified Laws § 21-65-18 — SD Code / Title 21 / Chapter 65 / Section 21-65-18
Right to relief unaffected by leaving home to avoid abuse
Status: in_force

The petitioner's right to relief under this chapter is not affected by the vulnerable adult leaving home to avoid vulnerable adult abuse.

Source: SL 2016, ch 120, § 20.
S.D. Codified Laws § 21-10-28.1 — SD Code / Title 21 / Chapter 10 / Section 21-10-28.1
Significant threat to human life or private habitations
Status: in_force

As used in § 21-10-28 , a significant threat to human life or private habitations exists, if shots or ricochets from a sport shooting range not infrequently strike or pass over private property which is frequented by persons or where a private habitation exists. A significant threat to human life or private habitations continues to exist unless or until shooting protocols are altered and enforced or the shooting range is redesigned so that shots or ricochets no longer strike or pass over private property as described in this section.

Source: SL 2013, ch 104, § 2, eff. Mar. 21, 2013.
S.D. Codified Laws § 21-10-12 — SD Code / Title 21 / Chapter 10 / Section 21-10-12
Temporary injunction against house of ill fame--Proof required--Notice to defendant
Status: in_force

In an action under § 21-10-11 the court, or a judge in vacation, shall upon the presentation of a complaint alleging that the nuisance complained of exists, allow a temporary injunction without bond, if it shall be made to appear to the satisfaction of the court or judge by evidence in the form of affidavits, depositions, oral testimony, or otherwise, as the plaintiff may elect that such nuisance exists, unless the court or judge, by previous order, shall have directed the form and manner in which it shall be presented. Three days' notice in writing shall be given the defendant of the hearing of the application, and if then continued at his instance, the temporary injunction shall be granted as a matter of course.

Source: SL 1913, ch 123, § 2; RC 1919, § 2079; SDC 1939 & Supp 1960, § 37.4802.
S.D. Codified Laws § 21-21-3 — SD Code / Title 21 / Chapter 21 / Section 21-21-3
Receivership where corporation dissolved, insolvent or unable to function
Status: in_force

A receiver may be appointed by the court in which an action is pending, or by the judge thereof, in the cases where a corporation has been dissolved, or is insolvent, or is in imminent danger of insolvency, or has forfeited its corporate rights; or is unable to exercise its corporate functions because of continued dissension between or neglect by its stockholders, directors and officers.

Source: CCivP 1877, § 219, subdiv 5; CL 1887, § 5015, subdiv 5; RCCivP 1903, § 227, subdiv 5; RC 1919, § 2475 (5); SDC 1939 & Supp 1960, § 37.2601 (5).
S.D. Codified Laws § 21-45-11 — SD Code / Title 21 / Chapter 45 / Section 21-45-11
Contents of answer
Status: in_force

The defendants who have been served with process in the action, or who have appeared without such service, must set forth in their answers, fully and particularly, the origin, nature, and extent of their respective interests in the property; and if such defendants claim a lien on the property by mortgage, judgment, or otherwise, they must state the original amount and date of same, and the sum remaining due thereon; also whether the same has been secured in any other way or not; and if secured, the nature and extent of such security, or they are deemed to have waived their right to such lien.

Source: CCivP 1877, § 554; CL 1887, § 5368; RCCivP 1903, § 593; RC 1919, § 2804; Supreme Court Rule 579, 1939; SDC 1939 & Supp 1960, § 37.1408.
S.D. Codified Laws § 21-16-6 — SD Code / Title 21 / Chapter 16 / Section 21-16-6
Verified Complaint--Service with Summons--Procedure
Status: in_force

The complaint shall be in writing and verified by the plaintiff or the plaintiff's agent or signed by the plaintiff's attorney, and served with a summons. A sheriff, any person legally authorized to effect service under § 15-6-4(c) , or constable of the county shall attempt to serve a lessee, subtenant, or party in possession with a minimum of two service attempts. Each attempt shall be at least one week apart and both attempts shall be within thirty days.

On the second service attempt, the summons may be posted in a conspicuous place on the property and delivered to a person there residing, if such person can be found, and also sent by first class mail addressed to the tenant at the place where the property is situated.

Source: JustC 1877, § 37; CL 1887, § 6076; RJustC 1903, § 47; RC 1919, § 2174; SDC 1939 & Supp 1960, § 37.3905; SL 2020, ch 74, § 1.
S.D. Codified Laws § 21-32-7 — SD Code / Title 21 / Chapter 32 / Section 21-32-7
Filing of commissioner's findings on claim against the state--Submission to Governor and Legislature--Findings advisory only
Status: in_force

After the conclusion of such hearing, the commissioner shall prepare his findings, fully itemized, in respect to the amount of the claim or damages. Such findings shall be filed in the office of the clerk of courts of the county in which the petition was filed and a duplicate thereof filed in the Office of the Governor, who shall submit the same to the next session of the Legislature for consideration, compromise, settlement, or rejection by appropriate action. The findings of the commissioner shall be advisory only, and shall not be construed or considered as an acknowledgment of liability in any manner or extent on the part of the state.

Source: SL 1947, ch 156, § 6; SDC Supp 1960, § 33.4306.
S.D. Codified Laws § 21-44-12 — SD Code / Title 21 / Chapter 44 / Section 21-44-12
Persons permitted to appear at hearing on termination of estate
Status: in_force

Upon the hearing ordered pursuant to § 21-44-8 any person interested may appear and be heard on the question of whether the relief prayed for in the petition is to be granted.

Source: Supreme Court Rule 576, 1939; SDC 1939, § 37.1206; Supreme Court Rule adopted August 10, 1943.
S.D. Codified Laws § 21-51-13 — SD Code / Title 21 / Chapter 51 / Section 21-51-13
Counterfeit document--Vacation of judgment
Status: in_force

A person against whom a purported judgment was rendered who has reason to believe that a document previously filed is counterfeit pursuant to § 22-11-29 , may file an action in circuit court pursuant to § 20-9-34 to have the purported judgment vacated. The filing of such an action does not bar the injured party from recovering damages as part of the action, in addition to any fees, costs, or expenses allowed by that section.

Source: SL 1998, ch 41, § 4; SL 2005, ch 120, § 232.
S.D. Codified Laws § 21-25A-24 — SD Code / Title 21 / Chapter 25A / Section 21-25A-24
Grounds for vacation of award
Status: in_force

Upon application of a party, the court shall vacate an award where:

(1) The award was procured by corruption, fraud, or other undue means;

(2) There was evident partiality by an arbitrator appointed as a neutral or corruption in any of the arbitrators or misconduct prejudicing the rights of any party;

(3) The arbitrators exceeded their powers;

(4) The arbitrators refused to postpone the hearing upon sufficient cause being shown therefor or refused to hear evidence material to the controversy or otherwise so conducted the hearing, contrary to the provisions of §§ 21-25A-11 to 21-25A-17 , inclusive, as to prejudice substantially the rights of a party;

(5) There was no arbitration agreement and the issue was not adversely determined in proceedings under §§ 21-25A-5 to 21-25A-8 , inclusive, and the party did not participate in the arbitration hearing without raising the objection; or

(6) Conduct of a hearing officer which would prejudice substantially the rights of a party; provided that, the fact that the relief was such that it could not or would not be granted by a court of law or equity is not ground for vacating or refusing to confirm the award.

Source: SL 1971, ch 157, § 12; SL 1976, ch 155, § 6.
S.D. Codified Laws § 21-34-2 — SD Code / Title 21 / Chapter 34 / Section 21-34-2
Certificate of facts showing violation prepared by officer--Contents
Status: in_force

The officer who issued, or the party to a proceeding seeking enforcement of, the process, subpoena, order, rule, regulation, judgment, or other legal command referred to in § 21-34-1 or who is vested with the duty of enforcing the obedience or stopping the violation of the statute, or in case of a department, commission, or board, either the presiding officer thereof or a majority of the members, shall prepare a notarized certificate of the facts showing the obedience which it desires to enforce or the violation which it desires to stop so that the jurisdiction of the court will appear; showing also the date of the occurrence or condition involved, the name, address, and location so far as known of the person against whom it desires to invoke the contempt process; and showing all relevant facts necessary to establish the right and charge and to specify the relief which it desires to obtain by such contempt process.

Source: SDC 1939, § 65.0107; SL 1985, ch 171, § 1.
S.D. Codified Laws § 21-37-1 — SD Code / Title 21 / Chapter 37 / Section 21-37-1
Circuit court power to change names--Pending proceedings and existing rights unaffected
Status: in_force

The circuit court shall have authority to change the names of persons, municipalities, and the name of any recorded plat or map of land situated within the limits of any municipality, as provided in this chapter. The change of names shall in no manner affect or alter any pending action or legal proceeding, nor any right, title, or interest whatsoever.

Source: CCivP 1877, §§ 734, 737; CL 1887, §§ 5556, 5559; RCCivP 1903, §§ 803, 806; SL 1903, ch 183; RC 1919, §§ 3042, 3045; SDC 1939 & Supp 1960, § 37.1001; SL 1992, ch 60, § 2.
S.D. Codified Laws § 21-10-19 — SD Code / Title 21 / Chapter 10 / Section 21-10-19
Release of property to owner on payment of costs and filing of bond--Conditions of bond--Effect of release
Status: in_force

If the owner appears and pays all costs of the proceeding, and files a bond with sureties to be approved by the clerk in the full value of the property, to be ascertained by the court or, in vacation by the judge, conditioned that he will immediately abate said nuisance and prevent the same from being established or kept therein within a period of one year thereafter, the court or, in vacation the judge, may, if satisfied of his good faith, order the premises closed under the order of abatement to be delivered to said owner, and said order of abatement canceled so far as the same may relate to said property; and if said bond be given and costs therein paid before judgment and order of abatement, the action shall be thereby abated as to said building only. The release of the property under the provisions of this section shall not release it from any judgment, lien, penalty, or liability to which it may be subject by law.

Source: SL 1913, ch 123, § 7; RC 1919, § 2084; SDC 1939 & Supp 1960, § 37.4806.
S.D. Codified Laws § 21-16-11 — SD Code / Title 21 / Chapter 16 / Section 21-16-11
Attorney fees taxed as costs
Status: in_force

In any case of forcible entry and detainer, or detainer only, the court may tax as a part of the costs in the case, to the prevailing party, reasonable attorney fees, whether a trial is had or not, if prevailing party is represented by a licensed attorney.

Source: SL 1883, ch 51, § 1; CL 1887, § 6079; RJustC 1903, § 50; RC 1919, § 2177; SDC 1939 & Supp 1960, § 37.3909; SL 2000, ch 95, § 1.
S.D. Codified Laws § 21-52-32 — SD Code / Title 21 / Chapter 52 / Section 21-52-32
Restoration of estate to cotenant making contribution
Status: in_force

A cotenant paying his proportionate share terminates as to his interest in the property the effect of the sale and he stands restored to his estate in the property sold.

Source: SL 1949, ch 142, § 14; SDC Supp 1960, § 37.5614 (4).
S.D. Codified Laws § 21-15-11.1 — SD Code / Title 21 / Chapter 15 / Section 21-15-11.1
Qualifications of bail
Status: in_force

The qualifications of bail are as follows:

(1) Each of them shall be a resident and freeholder within the State of South Dakota;

(2) They shall each be worth double the amount of the undertaking, exclusive of property exempt from execution; but the court may allow more than one surety to justify severally in amounts less than that of the undertaking, if the whole justification is equivalent to that of two sufficient sureties.

Source: SL 1984, ch 159, § 7.
S.D. Codified Laws § 21-27-25 — SD Code / Title 21 / Chapter 27 / Section 21-27-25
Order for temporary custody of person not held under judicial process--Security required of person granted custody
Status: in_force

Where a writ of habeas corpus is granted in proceedings involving the custody of a person not held under judicial process, the court shall have discretion to make a proper order concerning the temporary custody of such person pending final determination of the proceeding or pending appeal and may, as a condition of such order, require from the person granted such custody security, through bond or otherwise, for the production of such person at such time and place as the court orders, and for the safety and well - being of such person during such temporary custody.

Source: Supreme Court Rule 622, 1939; SDC 1939 & Supp 1960, § 37.5508.
S.D. Codified Laws § 21-15-10.3 — SD Code / Title 21 / Chapter 15 / Section 21-15-10.3
Allowance by judge--Effect
Status: in_force

If the judge finds the surety sufficient, he shall endorse his allowance thereon, and cause it to be filed with the clerk; and the sheriff thereupon shall be exonerated from liability.

Source: SL 1984, ch 159, § 4.
S.D. Codified Laws § 21-53-2 — SD Code / Title 21 / Chapter 53 / Section 21-53-2
Description of lien in judgment--Directions for sale of property
Status: in_force

A judgment in favor of the plaintiff must specify the amount and nature of the lien and direct a sale of the property, or sufficient thereof if the same is divisible conveniently, to satisfy the judgment and costs. It shall direct sale by the sheriff or other proper officer of the court in like manner as when the sheriff sells property under execution, and the application by him of the proceeds of the sale, less his fees and expenses, to the payment of the judgment and costs.

Source: CCivP 1877, § 674; CL 1887, § 5496; RCCivP 1903, § 743; RC 1919, § 2919; SDC 1939 & Supp 1960, § 37.3301.
S.D. Codified Laws § 21-18-25 — SD Code / Title 21 / Chapter 18 / Section 21-18-25
Actions by principal defendant against garnishee prohibited during garnishment--Stay of pending proceedings
Status: in_force

No action shall be commenced by the defendant or his assignee against a garnishee upon any claim or demand liable to garnishment, or to recover any property garnished, nor execution be issued upon a judgment in favor of the defendant against such garnishee subsequent to the service of the garnishee summons upon him, until the termination of the garnishee action; and, if an action shall have been commenced or an execution issued, it shall be stayed by the court or a judge thereof upon the garnishee's application, except that upon cause shown, the court or judge may by order permit the commencement of such an action, or the issuing of an execution, or the further prosecution of one stayed.

Source: SL 1909, ch 156, § 19; RC 1919, § 2472; SDC 1939 & Supp 1960, § 37.2822.
S.D. Codified Laws § 21-48-22.1 — SD Code / Title 21 / Chapter 48 / Section 21-48-22.1
Prior foreclosure sales validated despite defects--Rights barred by no action
Status: in_force

All mortgage foreclosure sales of real property by advertisement, under power of sale contained in such mortgages, made before January 1, 1992, the sheriff's deed thereof having been executed and delivered to the purchaser of such real property before January 1, 1975, notwithstanding any defect of notice, acknowledgment of any instrument or the recording thereof, or any other defect in the proceeding, are hereby cured, legalized, and validated as fully as if such foreclosure proceedings had been made in full compliance with all existing statutes or laws.

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

Source: SL 1975, ch 167; SL 1992, ch 307, § 13.
S.D. Codified Laws § 21-45-42 — SD Code / Title 21 / Chapter 45 / Section 21-45-42
Exceptions to return of sale--Order fixing time and place for hearing
Status: in_force

At any time within ten days after such return has been filed, any person interested may file exceptions thereto in writing, and no order confirming said sale shall be made until an order of the court has been made fixing a time and place for a hearing upon said report of sale and the exceptions filed thereto, and which shall be done in the same manner and upon the same notice as a hearing upon an order to show cause.

Source: SDC 1939, § 37.1436 as added by SL 1947, ch 169.
S.D. Codified Laws § 21-2-7 — SD Code / Title 21 / Chapter 2 / Section 21-2-7
Damages for breach of warranty of agent's authority
Status: in_force

The detriment caused by the breach of a warranty of an agent's authority is deemed to be the amount which could have been recovered and collected from his principal if the warranty had been complied with, and the reasonable expenses of legal proceedings taken, in good faith, to enforce the act of the agent against his principal.

Source: CivC 1877, § 1965; CL 1887, § 4598; RCivC 1903, § 2310; RC 1919, § 1982; SDC 1939 & Supp 1960, § 37.1809.
S.D. Codified Laws § 21-62-4 — SD Code / Title 21 / Chapter 62 / Section 21-62-4
Dismissal of actions regarding prison conditions
Status: in_force

A court shall, on its own motion or on the motion of a party, dismiss any action brought with respect to prison conditions by a prisoner confined to any jail, prison, or other correctional facility if the court determines that the action is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks relief from a defendant who is immune from such relief. A court may dismiss an action pursuant to this section without first requiring the exhaustion of administrative remedies.

Source: SL 2010, ch 112, § 4.
S.D. Codified Laws § 21-19-2 — SD Code / Title 21 / Chapter 19 / Section 21-19-2
Affidavit required to levy on homestead in excess of exemption--Contents--Filing and service of notice of levy and affidavit
Status: in_force

No levy shall be made on any homestead to reach the valuation thereof in excess of the homestead exemption set by subdivision 43-45-3(2), whether on attachment, execution, or other process, except as provided in this section. In the event the creditor claims such valuation exceeds such exemption he shall deliver to the officer holding the process, an affidavit, by himself or his attorney, setting forth the legal description of such homestead if real property, or the descriptive data contained on the certificate of title if a mobile home, the claim as to valuation thereof, and all encumbrances according to the affiant's best knowledge, information, and belief. If it appears from such affidavit that the value of debtor's equity exceeds such homestead exemption, the officer must file in the office of the register of deeds of the county where the homestead is situated, a notice of levy on such homestead with the said affidavit attached thereto, which notice and affidavit shall be duly recorded and shall be forthwith served upon the debtor in the same manner as provided by this code as to other notices. From the time of such filing and such service, such notice shall be effective as a levy only on the excess over and above the homestead exemption.

Source: SDC 1939, § 37.4914; SL 1957, ch 186, § 4; SL 1972, ch 233, § 2; SL 1977, ch 185, § 1; SL 1978, ch 156, § 1.
S.D. Codified Laws § 21-54-12 — SD Code / Title 21 / Chapter 54 / Section 21-54-12
Surplus paid to owner or clerk of courts
Status: in_force

If there be any surplus it may be paid direct to the person entitled thereto and his receipt taken and filed with the report, or it may be paid into the office of the clerk of courts of the county for the benefit of the persons entitled thereto and receipt of such clerk taken and filed with the report of the sale.

Source: SDC 1939 & Supp 1960, § 37.3408.
S.D. Codified Laws § 21-51-9 — SD Code / Title 21 / Chapter 51 / Section 21-51-9
Judgment discharging instrument and record--Contents and effect of judgment
Status: in_force

The court may render judgment upon the record and proof required by this chapter canceling and discharging the instrument involved and any public record thereof. The judgment shall describe the instrument and the property involved and the book and page of the record of the instrument, if any, and such judgment shall be filed, entered, and docketed by the clerk and shall thereafter have the same force and effect as any other judgment of the court.

Source: SL 1901, ch 108; RCCivP 1903, § 880; SL 1913, ch 272, § 1; RC 1919, § 3046; SL 1920 (SS), ch 67, § 2; Supreme Court Rule 567, 1939; SDC 1939 & Supp 1960, § 37.0906.
S.D. Codified Laws § 21-23-5 — SD Code / Title 21 / Chapter 23 / Section 21-23-5
Time and place of hearing on application to sell property
Status: in_force

On the filing of an application for sale, except as provided by § 21-23-4 , the court shall by order fix a time and place for hearing such application. The place shall be that most convenient for the persons interested in the property, and the time such as to permit adequate notice of the hearing to be given.

Source: Supreme Court Order No. 2 (4) adopted October 12, 1944; SDC Supp 1960, § 33.26A04.
S.D. Codified Laws § 21-28-10 — SD Code / Title 21 / Chapter 28 / Section 21-28-10
Failure to deliver books and papers to successful claimant as misdemeanor--Proceedings to compel delivery
Status: in_force

No person shall refuse or neglect to deliver the books or papers of any office pursuant to the demand of the successful claimant to the office after the judgment in such action. The same proceedings shall be had and with the same effect to compel delivery of such books and papers as may be otherwise prescribed by law. A violation of this section is a Class 2 misdemeanor.

Source: CCivP 1877, § 539; CL 1887, § 5353; RCCivP 1903, § 578; RC 1919, § 2789; SDC 1939 & Supp 1960, §§ 37.0516, 37.9901; SL 1979, ch 150, § 27.
S.D. Codified Laws § 21-23-14 — SD Code / Title 21 / Chapter 23 / Section 21-23-14
Examination of report of sale--Order and notice for formal hearing
Status: in_force

On receiving a report of sale the court shall determine on an inspection of the same and of the files of the case or proceeding, whether a hearing on said report is necessary for the protection of the rights of persons beneficially interested in the property sold. Ordinarily such hearing should be had, but where the court is satisfied that such hearing is unnecessary, or will serve no useful purpose, or will occasion delay which will interfere with the sale of the property, or the cost of giving notice because of the large number of persons involved will entail a large and disproportionate expense the court may by order dispense with a hearing upon notice, and make such order confirming or rejecting the sale as to the court seems appropriate.

If the court determines that there must be a formal hearing on application to confirm a sale it shall so order and fix a time for such hearing, and by such order prescribe the notice thereof to be given.

Source: Supreme Court Order No. 2 (10) adopted October 12, 1944; SDC Supp 1960, § 33.26A10.
S.D. Codified Laws § 21-1-16 — SD Code / Title 21 / Chapter 1 / Section 21-1-16
Residential construction defects--Notice and opportunity to remedy--Time for inspection and offer to repair or compensate
Status: in_force

Prior to commencing an action against the construction professional for a construction defect, a home owner shall:

(1) Serve on the construction professional a written notice describing the alleged construction defect; and

(2) Allow the construction professional, within thirty days after service of the notice, to inspect the alleged construction defect and serve on the home owner a written offer to repair the construction defect or compensate the owner by monetary payment.

The home owner may not commence an action against the construction professional for a construction defect until thirty days after the notice is served on the construction professional or until the construction professional refuses to remedy the alleged construction defect, whichever occurs first. Upon service of the notice, the statute of limitations set forth in chapter 15-2A is suspended for the thirty-day period or until the refusal, whichever occurs first. If the home owner commences an action against the construction professional without complying with the requirements of this section, the action shall be stayed until the home owner has complied with such requirements. No home owner is required to serve another written notice for any additional defects discovered after the home owner has served an initial written notice of a construction defect pursuant to this section. The provisions of this section do not apply to the initiation of a counterclaim or cross-claim in any action that is already properly commenced.

Source: SL 2007, ch 137, § 2.
S.D. Codified Laws § 21-18-14.1 — SD Code / Title 21 / Chapter 18 / Section 21-18-14.1
Continuing lien on wages--Caption of garnishee summons--Disclosure forms
Status: in_force

The plaintiff may obtain a one hundred twenty-day continuing lien on wages by garnishment. If a lien is to be obtained, the plaintiff shall mark on the caption of the garnishee summons "continuing lien" and all disclosure forms shall include the following:

Garnishee will continue to withhold the nonexempt portion of the defendant's earnings as they accrue through the last payroll period ending on or before one hundred twenty days from the effective date of the garnishee summons, or until the sum held equals the amount stated in the garnishee summons, or until the employment relationship terminates, whichever first occurs.

At the time of the expected termination of the lien, the plaintiff shall mail to garnishee an additional copy of the disclosure form upon which the garnishee within ten days shall make further disclosure.

Source: SL 1988, ch 182, § 7; SL 2010, ch 111, § 1; SL 2016, ch 116, § 9.
S.D. Codified Laws § 21-27-19 — SD Code / Title 21 / Chapter 27 / Section 21-27-19
Admission to bail on grant of writ
Status: in_force

When the writ of habeas corpus is granted, the court or judge granting the writ may, within its discretion, admit the prisoner to bail, pending further order of the court.

Source: Supreme Court Rule 623, 1939; SDC 1939 & Supp 1960, § 37.5509 (1).
S.D. Codified Laws § 21-48-4 — SD Code / Title 21 / Chapter 48 / Section 21-48-4
Foreclosure not permitted after action at law to recover debt unless execution returned unsatisfied
Status: in_force

To entitle any party to foreclose by advertisement, it shall be necessary that no action or proceeding shall have been instituted at law to recover the debt then remaining secured by such mortgage, or any part thereof; or, if any action or proceeding has been instituted, that the same has been discontinued, or that an execution upon the judgment rendered therein has been returned unsatisfied, in whole or in part.

Source: CCivP 1877, § 598, subdiv 2; CL 1887, § 5412, subdiv 2; RCCivP 1903, § 637, subdiv 2; RC 1919, § 2877 (2); SDC 1939 & Supp 1960, § 37.3002 (2).
S.D. Codified Laws § 21-36-11 — SD Code / Title 21 / Chapter 36 / Section 21-36-11
Answer to complaint--Reply
Status: in_force

Any person named as a defendant, and any person who may claim any interest in and to said estate, may answer to said complaint, setting forth the nature of his claim with a prayer for such relief as he may deem himself entitled to. The plaintiff may thereupon, within thirty days from the service of any answer, reply thereto.

Source: SL 1909, ch 104, § 4; RC 1919, § 3052; SDC 1939 & Supp 1960, § 37.4203.
S.D. Codified Laws § 21-66-2 — SD Code / Title 21 / Chapter 66 / Section 21-66-2
Sworn statement identifying asbestos trust claims to be provided to parties
Status: in_force

Not more than one hundred twenty days prior to the date set for trial for each asbestos action filed in this state, the plaintiff shall provide each party with a sworn statement identifying any asbestos trust claim that has been filed by the plaintiff or by anyone on the plaintiff's behalf, including a claim regarding asbestos-related conditions other than those that are the basis for the asbestos action or that potentially could be filed by the plaintiff against an asbestos trust.

Source: SL 2017, ch 94, § 2.
S.D. Codified Laws § 21-19-20 — SD Code / Title 21 / Chapter 19 / Section 21-19-20
Disputed valuation of homestead--Demand for appraisal
Status: in_force

If the debtor is the owner of a homestead as defined by law, the creditor may take issue with the valuation thereof claimed by the debtor. If the debtor owns such homestead, but has not made a claim for exemptions, or has not valued such homestead in such claim, the creditor may at any time file and serve upon the debtor a demand for appraisal of such homestead.

Source: SDC 1939 & Supp 1960, § 37.4906.
S.D. Codified Laws § 21-17A-18 — SD Code / Title 21 / Chapter 17A / Section 21-17A-18
Copy of defendant's bond to plaintiff--Objection to sureties--Responsibility of officer
Status: in_force

The sheriff or constable shall without delay give the plaintiff a copy of the bond received pursuant to § 21-17A-17 with notice of the time when the same was delivered to him. The plaintiff shall, within three days thereafter, give notice to the sheriff or constable that he objects to the sureties or he waives all objections to them. If the plaintiff objects, the sureties shall justify as provided in § 21-17A-7 . The sheriff or constable is responsible for the sufficiency of the sureties and may retain possession of the attached property until they justify, or until the objection is waived. Thereafter, the sheriff or constable shall deliver the property attached to the defendant. If real estate is attached, the sheriff or constable shall file a certificate of the discharge thereof in the office of the register of deeds. If judgment is for the plaintiff, all his costs and disbursements on the attachment shall be included in the judgment.

Source: SL 1983, ch 168, § 18.
S.D. Codified Laws § 21-45-30 — SD Code / Title 21 / Chapter 45 / Section 21-45-30
Sale at public auction to highest bidder--Publication of notice of sale
Status: in_force

All sales of real property, made by referees, under this chapter must be made at public auction to the highest bidder, upon notice published in the manner required for the sale of real property on execution, except that the sale may be held at the site of the property when so ordered by the court. The notice must state the terms of sale, and if the property, or any part of it, is to be sold subject to a prior estate, charge or lien, that must be stated in the notice.

Source: CCivP 1877, § 571; CL 1887, § 5385; RCCivP 1903, § 610; RC 1919, § 2821; SDC 1939, § 37.1430; SL 1943, ch 137, § 1; SL 1957, ch 193.
S.D. Codified Laws § 21-45-54 — SD Code / Title 21 / Chapter 45 / Section 21-45-54
Compensation for future estate--Payment or investment of compensatory share
Status: in_force

In all cases of sales, where it appears that any person has a vested or contingent future right or estate in any of the property sold, the court must ascertain and settle the proportionate value of such contingent or vested right or estate, and must direct such proportion of the proceeds of the sale to be invested, secured, or paid over, in such manner as to protect the rights and interests of the parties.

Source: CCivP 1877, § 577; CL 1887, § 5391; RCCivP 1903, § 616; RC 1919, § 2827; SDC 1939 & Supp 1960, § 37.1423.
S.D. Codified Laws § 21-2-2 — SD Code / Title 21 / Chapter 2 / Section 21-2-2
Damages for breach of obligation to pay money
Status: in_force

The detriment caused by the breach of an obligation to pay money only is deemed to be the amount due by the terms of the obligation with interest thereon.

Source: CivC 1877, § 1949; CL 1887, § 4582; RCivC 1903, § 2294; RC 1919, § 1967; SDC 1939 & Supp 1960, § 37.1802.
S.D. Codified Laws § 21-10-31 — SD Code / Title 21 / Chapter 10 / Section 21-10-31
Provisions inapplicable where substantial change in primary use has occurred
Status: in_force

The provisions of §§ 21-10-28 to 21-10-34 , inclusive, do not apply if there has been a substantial change in the primary use of a sport shooting range.

Source: SL 1999, ch 113, § 4.
S.D. Codified Laws § 21-42-20 — SD Code / Title 21 / Chapter 42 / Section 21-42-20
Bond not required of county--Liability on successful defense after judgment
Status: in_force

The county as plaintiff shall not be required to furnish a bond pursuant to § 21-42-15 , but shall be liable for the value of the interest of a defendant served by publication and permitted to defend to the same extent and for the same length of time and under the same provisions as set out in § 21-42-19 in cases where the county is not the plaintiff.

Source: SL 1941, ch 161, § 8; SL 1943, ch 140; SDC Supp 1960, § 37.16A08.
S.D. Codified Laws § 21-64-4 — SD Code / Title 21 / Chapter 64 / Section 21-64-4
Termination of personality's right of publicity
Status: in_force

A personality's right of publicity terminates if the personality is deceased and there is no living next of kin of the personality and the personality has not assigned his or her rights.

Source: SL 2015, ch 126, § 4.
S.D. Codified Laws § 21-38-4 — SD Code / Title 21 / Chapter 38 / Section 21-38-4
Substance and proposed copy of record shown in application for restoration
Status: in_force

The application for restoration of a public record shall show the substance of the instrument or record as the applicant desires to have restored, together with a proposed copy of such instrument or record as the applicant claims it should be.

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 (4).
S.D. Codified Laws § 21-44-26 — SD Code / Title 21 / Chapter 44 / Section 21-44-26
Remedy not exclusive
Status: in_force

The remedy provided by this chapter is not exclusive, and any remainderman or his successor in interest may resort to any other remedy provided by this code, for the establishment of any rights growing out of the claimed death of the life tenant.

Source: SDC 1939 & Supp 1960, § 37.1209.
S.D. Codified Laws § 21-45-45 — SD Code / Title 21 / Chapter 45 / Section 21-45-45
Confirmation ex parte when no exceptions or higher bids filed--Order for conveyance
Status: in_force

If no exceptions be filed to the report of sale, and such fact is made to appear by the certificate of the clerk of courts in whose office the same is filed, and no higher or better bid is filed with said clerk, which likewise is made to appear by the certificates of said clerk, the report of sale may be presented to the court for confirmation and determined ex parte. And if the court shall find that the sale has, in all respects, been made in conformity to the law and the order of the court for the sale, an order shall be made confirming the sale and authorizing and directing the execution and delivery of a proper conveyance and the taking of any security authorized and directed to be taken.

Source: CCivP 1877, § 581; CL 1887, § 5395; RCCivP 1903, § 620; RC 1919, § 2831; SDC 1939, § 37.1437; SL 1943, ch 137, § 2; SL 1945, ch 161, § 1; SL 1947, ch 170.
S.D. Codified Laws § 21-68-6 — SD Code / Title 21 / Chapter 68 / Section 21-68-6
Construction
Status: in_force

This chapter may not be construed to do any of the following:

(1) Create, recognize, or ratify a claim or cause of action of any kind;

(2) Eliminate or satisfy a required element of a claim or cause of action of any kind;

(3) Deem COVID-19 an occupational disease. COVID-19 is not an occupational disease under state law; or

(4) Abrogate, amend, repeal, alter, or affect any statutory or common law immunity or limitation of liability.

Source: SL 2021, ch 91, § 6.
S.D. Codified Laws § 21-45-34 — SD Code / Title 21 / Chapter 45 / Section 21-45-34
Purchase by cotenant or lien holder
Status: in_force

When a party entitled to a share of the property, or an encumbrancer entitled to have his lien paid out of the sale, becomes a purchaser, the referees may take his receipt for so much of the proceeds of the sale as belongs to him.

Source: CCivP 1877, § 582; CL 1887, § 5396; RCCivP 1903, § 621; RC 1919, § 2832; SDC 1939 & Supp 1960, § 37.1435.
S.D. Codified Laws § 21-18-32 — SD Code / Title 21 / Chapter 18 / Section 21-18-32
Payment to officer or clerk by garnishee--Discharge
Status: in_force

In case the answer of the garnishee shall show indebtedness to the defendant, he may pay the amount thereof to the officer having a levy, or to the clerk of the court; and the officer to whom such payment is made shall give him a receipt specifying the facts and such receipt shall be a complete discharge of all liability to any party for the amount so paid.

Source: SDC 1939 & Supp 1960, § 37.2816; SL 1990, ch 157, § 6.
S.D. Codified Laws § 21-25B-9 — SD Code / Title 21 / Chapter 25B / Section 21-25B-9
Claimant bound by arbitration agreement when claim is filed--Defendant bound after twenty days
Status: in_force

Any person who files a claim pursuant to the provisions of § 21-25B-6 cannot thereafter petition the court to set aside the arbitration agreement. The defendant in any claim may file an application under § 21-25A-8 anytime within twenty days after being served with the claim and if he fails to do so he cannot thereafter petition the court to set aside the arbitration agreement.

Source: SDCL, § 21-25A-8 as added by SL 1976, ch 155, § 3.
S.D. Codified Laws § 21-8-12 — SD Code / Title 21 / Chapter 8 / Section 21-8-12
Order granting restraining order or preliminary injunction
Status: in_force

An order granting a temporary restraining order or preliminary injunction may be made by the court in which the action is brought, or by a judge thereof, and when made by a judge may be enforced as an order of the court.

Source: CCivP 1877, § 188; CL 1887, § 4984; RCCivP 1903, § 196; RC 1919, § 2423; SDC 1939 & Supp 1960, § 37.4304; SL 1978, ch 155, § 16.
S.D. Codified Laws § 21-58-1 — SD Code / Title 21 / Chapter 58 / Section 21-58-1
Legislative findings as to firearms
Status: in_force

The Legislature finds that the unlawful use of firearms, rather than their lawful manufacture, distribution, or sale, is the proximate cause of any injury arising from their unlawful use.

Source: SL 1999, ch 116, § 1.
S.D. Codified Laws § 21-66-3 — SD Code / Title 21 / Chapter 66 / Section 21-66-3
Contents of sworn statement
Status: in_force

For each asbestos trust claim or potential asbestos trust claim identified in the sworn statement under § 21-66-2 , the statement shall include:

(1) The name, address and contact information for the asbestos trust, the amount claimed or to be claimed by the plaintiff, the date the plaintiff filed the claim, the disposition of the claim and whether there has been a request to defer, delay, suspend, or toll the claim; and

(2) An attestation from the plaintiff, under penalty of perjury, that the sworn statement is complete and based on a good faith investigation of any potential claim against an asbestos trust.

Source: SL 2017, ch 94, § 3.
S.D. Codified Laws § 21-9-4 — SD Code / Title 21 / Chapter 9 / Section 21-9-4
Mutuality of remedy or full performance by plaintiff required for specific performance
Status: in_force

Neither party to an obligation can be compelled specifically to perform it, unless the other party thereto has performed, or is compellable specifically to perform, everything to which the former is entitled under the same obligation, either completely or nearly so, together with full compensation for any want of entire performance.

Source: CivC 1877, § 1995; CL 1887, § 4628; RCivC 1903, § 2340; RC 1919, § 2011; SDC 1939 & Supp 1960, § 37.4604.
S.D. Codified Laws § 21-25B-1 — SD Code / Title 21 / Chapter 25B / Section 21-25B-1
Services covered by arbitration agreements between hospitals or physicians and patients--Termination as to future services--Effect
Status: in_force

Voluntary agreements pursuant to § 21-25A-1 between hospitals or physicians and patients relating to services provided to the patient may, by their terms, provide for past and future services by and between the parties to the agreement; provided, however, that any party to such an agreement may terminate it as to future services by giving written notice to all other parties thereto, and such termination shall in no way affect or alter the arbitration of controversies arising as to services rendered prior to the giving of such notice.

Source: SDCL, § 21-25A-1 as added by SL 1976, ch 155, § 1.
S.D. Codified Laws § 21-10-25.5 — SD Code / Title 21 / Chapter 10 / Section 21-10-25.5
Agricultural operation within municipality not protected
Status: in_force

The provisions of §§ 21-10-25.2 and 21-10-25.3 do not apply to any nuisance resulting from an agricultural operation located within the limits of any incorporated municipality on January 1, 1991.

Source: SL 1991, ch 183, § 5; SL 2023, ch 65, § 8.
S.D. Codified Laws § 21-25A-34 — SD Code / Title 21 / Chapter 25A / Section 21-25A-34
Venue of applications
Status: in_force

An initial application shall be made to the court of the county in which the agreement provides the arbitration hearing shall be held or, if the hearing has been held, in the county in which it was held. Otherwise the application shall be made in the county where the adverse party resides or has a place of business or, if he has no residence or place of business in this state, to the court of any county. All subsequent applications shall be made to the court hearing the initial application.

Source: SL 1971, ch 157, § 19.
S.D. Codified Laws § 21-38-6 — SD Code / Title 21 / Chapter 38 / Section 21-38-6
Circumstances of loss or destruction shown in application for restoration
Status: in_force

The application for restoration of a public record shall show the loss or destruction of the instrument or record and the cause and approximate date thereof, and such other relevant facts as the applicant may be able to show.

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 (2).
S.D. Codified Laws § 21-19-4 — SD Code / Title 21 / Chapter 19 / Section 21-19-4
Service on debtor of notice of levy
Status: in_force

Notice of levy under § 21-19-3 may be served upon the debtor or his attorney, or if the debtor is not represented by an attorney of record in the action or proceeding and if the debtor cannot be found within the county where the action or proceeding is pending, the notice may be served on the debtor by registered or certified mail addressed to the debtor's last known post office address.

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 § 21-29-6 — SD Code / Title 21 / Chapter 29 / Section 21-29-6
Service of writ--Service on majority of board
Status: in_force

The writ of mandamus must be served in the same manner as a summons in a civil action, except when otherwise expressly directed by order of the court. Service upon a majority of the members of any board or body is service upon the board or body, whether at the time of the service the board was in session or not.

Source: CCivP 1877, § 706; CL 1887, § 5528; RCCivP 1903, § 775; RC 1919, § 3017; SDC 1939 & Supp 1960, § 37.4504.
S.D. Codified Laws § 21-23-10 — SD Code / Title 21 / Chapter 23 / Section 21-23-10
Bond required of applicant to sell property
Status: in_force

Whenever, in the opinion of the court to whom an application to sell property under the provisions of this chapter is addressed, the bond of the person applying is inadequate fully to protect the rights of all persons beneficially interested in such property, the court may, in the order for the sale of such property, require the applicant for leave to sell to give a bond in such amount and containing such conditions as the court may prescribe and the court may require corporate surety on such.

Source: Supreme Court Order No. 2 (8) adopted October 12, 1944; SDC Supp 1960, § 33.26A08.
S.D. Codified Laws § 21-25B-15 — SD Code / Title 21 / Chapter 25B / Section 21-25B-15
Five-member panel for multiple parties--Selection process
Status: in_force

In all cases, if there is more than one plaintiff or defendant a five - member panel shall be appointed regardless of the amount of damages involved. If there are two plaintiffs or defendants, each may select one member of the panel in the same manner as provided in § 21-25B-13 . If there are more than two plaintiffs or defendants, then all plaintiffs or defendants shall agree upon their selections to the panel. If one or both of the panel members have not been selected by the plaintiffs or defendants within fifteen days, then the presiding judge of the circuit court shall appoint one or two members for the plaintiffs or defendants as the case may be.

Source: SL 1976, ch 155, § 13.
S.D. Codified Laws § 21-16-5 — SD Code / Title 21 / Chapter 16 / Section 21-16-5
Survival of cause despite death of plaintiff
Status: in_force

The legal representative of a person who might have been plaintiff, if alive, may bring an action under this chapter after his death.

Source: JustC 1877, § 36; CL 1887, § 6075; RJustC 1903, § 46; RC 1919, § 2173; SDC 1939 & Supp 1960, § 37.3904.
S.D. Codified Laws § 21-44-23 — SD Code / Title 21 / Chapter 44 / Section 21-44-23
Recording of judgment terminating estate--Prima facie evidence
Status: in_force

A certified copy of the order or judgment of the circuit court must be filed in the office of the register of deeds of the county wherein the real estate involved, or any portion sought to be affected by the judgment is situated. Thirty days after such recording the same shall constitute prima facie evidence of the fact of the death of the life tenant and of all other matters set forth in such order.

Source: SDC 1939 & Supp 1960, § 37.1208.
S.D. Codified Laws § 21-18-13 — SD Code / Title 21 / Chapter 18 / Section 21-18-13
Property held under void title included in garnishee's liability
Status: in_force

Any property, moneys, credits, and effects held by a conveyance or title void as to the creditors of the defendant shall be embraced in the liability provided by § 21-18-12 .

Source: SL 1909, ch 156, § 17; RC 1919, § 2470; SDC 1939 & Supp 1960, § 37.2807.
S.D. Codified Laws § 21-3A-4 — SD Code / Title 21 / Chapter 3A / Section 21-3A-4
Evidence and calculation of future damages--Jury instructions concerning future damages
Status: in_force

In all trials under this chapter, evidence of future damages shall be expressed in current values and those damages shall be calculated by the trier of fact without regard to future changes in the earning power or purchasing power of the dollar.

In all jury trials in which special damages findings are required under this chapter, the jury shall be informed that with respect to future damages:

(1) The law provides for adjustments to be made later to take account of future changes in the purchasing power of the dollar;

(2) The law takes into account the fact that those payments may be made in the future rather than in one lump sum now; and

(3) The jury will make their findings on the assumption that appropriate adjustments for future changes in the purchasing power of the dollar will be made later.

Source: SL 1986, ch 163, § 4.
S.D. Codified Laws § 21-27-5 — SD Code / Title 21 / Chapter 27 / Section 21-27-5
Writ awarded unless application shows no right to relief
Status: in_force

The court or judge to whom the application for a writ of habeas corpus is made, shall forthwith award the writ, unless it shall appear from the application itself or from any document annexed thereto, that the applicant can neither be discharged nor admitted to bail, nor in any other manner relieved.

Source: CCrimP 1877, §§ 671, 672; CL 1887, §§ 7839, 7840; RCCrimP 1903, §§ 771, 772; RC 1919, §§ 4978, 4979; SDC 1939 & Supp 1960, § 37.5501.
S.D. Codified Laws § 21-24-8 — SD Code / Title 21 / Chapter 24 / Section 21-24-8
Municipality joined in proceeding involving ordinance or franchise--Attorney general joined when constitutional question involved
Status: in_force

In any proceeding which involves the validity of a municipal ordinance or franchise, such municipality shall be made a party and shall be entitled to be heard, and if the statute, ordinance, or franchise is alleged to be unconstitutional, the attorney general of the state shall also be served with a copy of the proceeding and be entitled to be heard.

Source: SL 1925, ch 214, § 11; SDC 1939 & Supp 1960, § 37.0111.
S.D. Codified Laws § 21-50-1 — SD Code / Title 21 / Chapter 50 / Section 21-50-1
Foreclosure action brought on default in executory contract
Status: in_force

Whenever default has occurred in the performance of any of the terms and conditions of an executory contract for the sale or exchange of real property, an action may be brought in the circuit court for the county in which such property, or some part thereof, is situated for a foreclosure of all rights under such contract asserted adversely to the plaintiff in such action.

Source: SL 1913, ch 138, § 1; RC 1919, § 2914; SDC 1939 & Supp 1960, § 37.3101.
S.D. Codified Laws § 21-15-10.2 — SD Code / Title 21 / Chapter 15 / Section 21-15-10.2
Appearance and examination of sureties
Status: in_force

For the purpose of justification, each of the sureties shall appear before the judge at the time and place mentioned in the notice, and may be examined on oath on the part of the defendant or the sheriff, or both, touching his sufficiency, in such manner as the judge, in his discretion, may think proper.

Source: SL 1984, ch 159, § 3.
S.D. Codified Laws § 21-42-15 — SD Code / Title 21 / Chapter 42 / Section 21-42-15
Bond required of plaintiff to indemnify against successful defense after judgment
Status: in_force

Before the entry of judgment in such action, the plaintiff, if other than the county, must execute a bond of indemnity to the defendants in the action who shall have been served by publication, with sufficient surety to be approved by the court, in such sum as the court shall direct in its findings of fact, conditioned that if any defendant so served by publication shall be permitted to defend after judgment, as provided in § 21-42-19 , and such defense shall be successful, that the plaintiff will pay to such defendant the value of his interest in said premises, and his costs of defending the action, provided that the value of the interest of such defendant cannot exceed and must be based upon the value of the premises as found by the court in said judgment.

Source: SL 1941, ch 161, § 8; SL 1943, ch 140; SDC Supp 1960, § 37.16A08.
S.D. Codified Laws § 21-29-10 — SD Code / Title 21 / Chapter 29 / Section 21-29-10
Discretionary jury trial and postponement--Statement of question to be tried--Assessment of damages
Status: in_force

If an answer be made which raises a question as to a matter of fact essential to the determination of the motion, and affecting the substantial rights of the parties, and upon the supposed truth of which allegation the application for the writ is based, the court may, in its discretion, order the question to be tried before a jury, and postpone the hearing until such trial can be had and the verdict certified to the court. The question to be tried must be distinctly stated in the order for trial, and the county must be designated in which the same shall be had. The order may also direct the jury to assess any damages which the applicant may have sustained, in case they find for him.

Source: CCivP 1877, § 700; CL 1887, § 5522; RCCivP 1903, § 769; RC 1919, § 3011; Supreme Court Rule 615, 1939; SDC 1939 & Supp 1960, § 37.4508.
S.D. Codified Laws § 21-47-6 — SD Code / Title 21 / Chapter 47 / Section 21-47-6
Proceedings at law not had while foreclosure action pending
Status: in_force

After action for foreclosure shall be commenced, while the same is pending, no proceedings at law shall be had for the recovery of the debt secured by the mortgage, or any part thereof, unless authorized by the court.

Source: CCivP 1877, § 618; CL 1887, § 5432; RCCivP 1903, § 657; RC 1919, § 2899; SDC 1939 & Supp 1960, § 37.2904.
S.D. Codified Laws § 21-18-33 — SD Code / Title 21 / Chapter 18 / Section 21-18-33
Retention of property disclosed by garnishee until expiration of garnishment, levy, release, or court order--Return of property to defendant
Status: in_force

If the answer of the garnishee discloses any money, credits, or other property, real or personal, in the possession or under the control of the garnishee, the garnishee shall retain money, credits, or property in the garnishee's possession until the expiration of one hundred eighty days from the date of service of the garnishee summons upon the garnishee; the plaintiff causes a copy of a levy to be served upon the garnishee; the defendant authorizes release to the plaintiff; or the order of the court thereon. If, within one hundred eighty days, a levy has not been served upon the garnishee, no agreement has been made for payment or no order of the court for payment, the garnishment shall end, and any property, money, or credits held by the garnishee shall be returned to the defendant if the defendant is otherwise entitled to the money, credits, or property.

Source: SDC 1939 & Supp 1960, § 37.2816; SL 1988, ch 182, § 9.
S.D. Codified Laws § 21-3-6 — SD Code / Title 21 / Chapter 3 / Section 21-3-6
Treble damages for forcible exclusion from real property
Status: in_force

For forcibly ejecting or excluding a person from the possession of real property, the measure of damages is three times such a sum as would compensate for the detriment caused to him by the act complained of.

Source: CivC 1877, § 1977; CL 1887, § 4610; RCivC 1903, § 2322; RC 1919, § 1994; SDC 1939 & Supp 1960, § 37.1907.
S.D. Codified Laws § 21-44-22 — SD Code / Title 21 / Chapter 44 / Section 21-44-22
Validation of prior proceedings where notice or allegations were insufficient
Status: in_force

In all instances where an order terminating a life estate of any person in and to any real property has been made by the circuit court as provided by this chapter, any and all such orders for hearing and all orders and decrees made and entered in any such proceedings in the circuit court aforesaid, where the hearing has been had at the time and place as specified in the order for hearing, notwithstanding the fact that less than three weeks intervened between the date of the first publication of notice and the date of hearing, and notwithstanding any failure in any or either of said proceedings to state the date of the death of the life tenant are hereby legalized and validated.

Source: SL 1953, ch 495; SL 1957, ch 502; SDC Supp 1960, § 65.0334.
S.D. Codified Laws § 21-54-21 — SD Code / Title 21 / Chapter 54 / Section 21-54-21
Abatement of taxes on mobile home or manufactured home upon filing of affidavit and surrender of title
Status: in_force

The county treasurer shall deliver the affidavit filed pursuant to § 21-54-20 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 pursuant to the provisions of § 21-54-19 . However, if the owner of the real property failed to timely surrender the title to the county treasurer, the board may not abate any taxes owed on the mobile home or manufactured home.

Source: SL 2015, ch 125, § 2.
S.D. Codified Laws § 21-18-43 — SD Code / Title 21 / Chapter 18 / Section 21-18-43
Defense of action by garnishee
Status: in_force

The garnishee may defend the defendant if the latter does not, but is under no obligation so to do.

Source: SL 1909, ch 156, § 14; RC 1919, § 2466; SDC 1939 & Supp 1960, § 37.2820; SL 2016, ch 116, § 15.
S.D. Codified Laws § 21-25B-8 — SD Code / Title 21 / Chapter 25B / Section 21-25B-8
Time for commencement of claims--Time for commencement of action in circuit court
Status: in_force

Claims filed with the health care services arbitration panel may be commenced only within the time prescribed for actions for medical malpractice, error, mistake, or failure to cure, but if the circuit court determines that the matter is not one to be heard by the panel, the claimant shall have thirty days from the date of the decision of the court, or the time remaining under the limitation of action provisions for medical, error, mistake, or failure to cure, whichever is longer, to commence an action in circuit court.

Source: SL 1976, ch 155, § 25.
S.D. Codified Laws § 21-21-7 — SD Code / Title 21 / Chapter 21 / Section 21-21-7
Party not to be receiver except by consent
Status: in_force

No party or person interested in an action can be appointed receiver therein, without the written consent of the parties, filed with the clerk.

Source: CCivP 1877, § 221; CL 1887, § 5017; RCCivP 1903, § 229; RC 1919, § 2477; SDC 1939 & Supp 1960, § 37.2603.
S.D. Codified Laws § 21-43-1 — SD Code / Title 21 / Chapter 43 / Section 21-43-1
Action to determine adverse claim to money, property or chose in action
Status: in_force

An action may be brought by one person against another, for the purpose of determining an adverse claim which the latter makes against the former, for money or property including a chose in action upon an alleged obligation.

Source: SL 1903, ch 118; RC 1919, § 2872; SDC 1939 & Supp 1960, § 37.1601.
S.D. Codified Laws § 21-57-6 — SD Code / Title 21 / Chapter 57 / Section 21-57-6
Instruments and actions for recovery may be combined--Venue
Status: in_force

If the same person is the maker, drawer, or issuer of two or more checks, drafts, or orders, such instruments may be combined. An action for their recovery pursuant to § 21-57-1 may be brought in any county in which one of the dishonored checks, drafts, or orders were issued or in the county in which the check writer resides. A cause of action under this section may be brought in small claims court, if the amount of the demand does not exceed the jurisdiction of that court, or in any other appropriate court.

Source: SL 1999, ch 112, § 6.
S.D. Codified Laws § 21-51-2 — SD Code / Title 21 / Chapter 51 / Section 21-51-2
Judicial discharge of lien or contract permitted if holder cannot be served in state--Proof required for discharge of contract
Status: in_force

The circuit court for any county in which a mortgage or other lien is filed or recorded or in which any real estate under contract or bond for purchase or sale is located, may, on application of any person having an interest in or lien upon the property affected and notice as hereinafter provided, make an order discharging such contract, bond, mortgage, or lien of record, on proof to the satisfaction of the court that the mortgage or lien has been fully paid or satisfied, and that the mortgagee, assignee, or lien holder is deceased and has no acting representative of his estate in this state or, if a domestic corporation, that it has been dissolved and has no acting officer, trustee, or receiver of its property or, if a foreign corporation that it has not complied with the laws of this state applying to foreign corporations and has no one in this state upon whom service can be made as provided by law.

In the case of real estate subject to a contract or bond for sale or purchase of the same, the proof must show that the conditions prescribed by § 21-51-1 exist.

Source: SL 1901, ch 108; RCCivP 1903, § 880; SL 1913, ch 272, § 1; RC 1919, § 3046; SL 1920 (SS), ch 67, § 2; SDC 1939 & Supp 1960, § 37.0901.
S.D. Codified Laws § 21-15-10 — SD Code / Title 21 / Chapter 15 / Section 21-15-10
Justification by plaintiff's sureties--Responsibility of sheriff--Exceptions waive right to retain property
Status: in_force

When the defendant excepts, the sureties shall justify on notice as set out in §§ 21-15-10.1 to 21-15-10.4 , inclusive. The sheriff shall be responsible for the sufficiency of the sureties, until the objection to them is either waived as above provided, or until they shall justify, or new sureties shall be substituted and justify. If the defendant except to the sureties, he cannot retain the property, as provided in § 21-15-12 .

Source: CCivP 1877, § 180; CL 1887, § 4976; RCCivP 1903, § 188; RC 1919, § 2415; SDC 1939 & Supp 1960, § 37.3807; SL 1984, ch 159, § 1.
S.D. Codified Laws § 21-45-25 — SD Code / Title 21 / Chapter 45 / Section 21-45-25
Tenants for years not affected by judgment
Status: in_force

The judgment of partition does not affect tenants for years less than ten, to the whole of the property which is the subject of the partition.

Source: CCivP 1877, § 563; CL 1887, § 5377; RCCivP 1903, § 602; RC 1919, § 2813; SDC 1939 & Supp 1960, § 37.1417.
S.D. Codified Laws § 21-25B-17 — SD Code / Title 21 / Chapter 25B / Section 21-25B-17
Refusal to serve as panel member or arbitration officer--Withdrawal after agreement to serve
Status: in_force

Any individual who is selected as a member of any health care services arbitration panel or as an arbitration officer may, without cause, refuse to serve. However, once he has agreed to serve he cannot then refuse to serve unless his withdrawal is agreed to by all parties to the controversy or his withdrawal is approved by the presiding judge of the circuit court.

Source: SL 1976, ch 155, § 11.
S.D. Codified Laws § 21-29-13 — SD Code / Title 21 / Chapter 29 / Section 21-29-13
Motion for new trial
Status: in_force

The motion for a new trial must be made in the court in which the issue of fact is made.

Source: CCivP 1877, § 702; CL 1887, § 5524; RCCivP 1903, § 771; RC 1919, § 3013; SDC 1939 & Supp 1960, § 37.4511.
S.D. Codified Laws § 21-15-5 — SD Code / Title 21 / Chapter 15 / Section 21-15-5
Cash in lieu of undertaking deposited with clerk or judge--Terms of deposit
Status: in_force

If cash is deposited it shall be with the clerk or a judge of the court having jurisdiction, and his receipt taken therefor and such deposit shall thereupon remain in the custody of the court until legal order of the court disposing of it, as security for all of the obligations of the party depositing it under this chapter, the same as if a written undertaking had been furnished specifically assuming said obligations.

Source: SDC 1939 & Supp 1960, § 37.3807.
S.D. Codified Laws § 21-35-9 — SD Code / Title 21 / Chapter 35 / Section 21-35-9
Summons to defendants--Contents
Status: in_force

At any time after the filing of the petition the plaintiff may issue a summons to the defendants, which shall be entitled in the action or proceeding, and state the time and place of filing the petition, the nature of the proceeding, and contain a notice to the effect that if the defendants do not appear in said proceeding within thirty days from the service thereof, exclusive of the day of service, the plaintiff will apply to the court for an order to impanel a jury and ascertain the just compensation for the property proposed to be taken or damaged in such proceeding.

The summons may be served as in civil actions unless otherwise provided in this chapter.

Source: SL 1891, ch 94, § 5; RCCivP 1903, § 867; RC 1919, § 2942; Supreme Court Rule 601, 1939; SDC 1939 & Supp 1960, § 37.4007; SL 1976, ch 157, § 4.
S.D. Codified Laws § 21-19-23 — SD Code / Title 21 / Chapter 19 / Section 21-19-23
Appraisement at fair market value--Completion and filing of appraisement
Status: in_force

The three appraisers must thereupon, and as soon as may be, proceed with the appraisement of the property specified in the order to be appraised, which appraisement must be at the actual fair market value of each item at the place where situated as nearly as can be determined. The appraisement when completed must be subscribed by at least two of the three appraisers which two appraisers must make oath that such appraisement was honestly and impartially made and that the values fixed represent the best judgment of such appraisers. Such appraisement must then be duly filed with the court.

Source: CCivP 1877, § 328; SL 1885, ch 55, § 2; CL 1887, § 5132; RCCivP 1903, § 357; RC 1919, § 2664; SDC 1939, § 37.4907.
S.D. Codified Laws § 21-31-1 — SD Code / Title 21 / Chapter 31 / Section 21-31-1
Power to grant writ--Purposes for which used
Status: in_force

A writ of certiorari may be granted by the Supreme and circuit courts, when inferior courts, officers, boards, or tribunals have exceeded their jurisdiction, and there is no writ of error or appeal nor, in the judgment of the court, any other plain, speedy, and adequate remedy.

Source: CCivP 1877, § 685; CL 1887, § 5507; RCCivP 1903, § 754; RC 1919, § 2996; SDC 1939 & Supp 1960, § 37.0401.
S.D. Codified Laws § 21-28-3 — SD Code / Title 21 / Chapter 28 / Section 21-28-3
Designation of parties plaintiff
Status: in_force

When the action described by § 21-28-1 is prosecuted by the state's attorney, the State of South Dakota shall be plaintiff; when it is prosecuted by a private person, such person shall be the plaintiff therein and the proceedings in such action shall be the same as in an action by a private person except as otherwise specially provided.

Source: SL 1919, ch 289, § 1; SDC 1939 & Supp 1960, § 37.0501.
S.D. Codified Laws § 21-54-20 — SD Code / Title 21 / Chapter 54 / Section 21-54-20
Voluntary transfer of title to mobile home or manufactured home to real property owner for disposal--Affidavit--Permit--Surrender of title to county treasurer
Status: in_force

An owner of an unencumbered, except for taxes owed, mobile home or manufactured home may voluntarily transfer title of the mobile home or manufactured home, for the sole purpose of disposal, to the owner of the real property upon which the mobile home or manufactured home is located. The treasurer shall issue a title to the owner of the real property on which the mobile home or manufactured home is located, without payment or obligation to pay any taxes owed on the home at the time of acquisition.

Prior to disposal, the owner of the real property shall submit an affidavit for disposal of the mobile home or manufactured home, and the properly endorsed title, to the county treasurer verifying that title was transferred for disposal purposes only and that no consideration was exchanged.

If the owner of the real property is moving the mobile home or manufactured home as part of the disposal process, the county treasurer shall issue the permit provided by § 32-5-16.3 to move the mobile home or manufactured home for disposal purposes without receiving payment of taxes owed on the mobile home or manufactured home.

The owner of the real property has ninety days from the date of the affidavit to dispose of the mobile home or manufactured home and to surrender the title to the county treasurer. The county treasurer may allow an additional sixty days for disposal upon request by the owner of the mobile home or manufactured home upon good cause shown for such additional days. If the title is not timely surrendered to the county treasurer, the owner of the real property is liable for all taxes owed on the mobile home or manufactured home.

The Department of Revenue shall prescribe the form for the affidavit required by this section.

Source: SL 2015, ch 125, § 1.
S.D. Codified Laws § 21-11-1 — SD Code / Title 21 / Chapter 11 / Section 21-11-1
Fraud or mistake as ground for revision
Status: in_force

When through fraud or mutual mistake of the parties, or a mistake of one party which the other at the time knew or suspected, a written contract does not truly express the intention of the parties, it may be revised on the application of a party aggrieved so as to express that intention, so far as it can be done without prejudice to rights acquired by third persons, in good faith and for value.

Source: CivC 1877, § 2004; CL 1887, § 4637; RCivC 1903, § 2349; RC 1919, § 2020; SDC 1939 & Supp 1960, § 37.0601.
S.D. Codified Laws § 21-1-14 — SD Code / Title 21 / Chapter 1 / Section 21-1-14
Liability of issuer of bad check for collection costs--Costs included in restitution award
Status: in_force

Any person who violates § 22-30A-24 or 22-30A-25 is liable, pursuant to § 57A-3-420 , for damages for the reasonable costs and expenses of collecting the dishonored check. Such reasonable costs and expenses including any necessary service or handling charge paid by any merchant, shall be included in any award of restitution made by the court in any action for a violation of § 22-30A-24 or 22-30A-25 .

Source: SL 1983, ch 368, § 3; SL 1986, ch 171, § 1; SL 2005, ch 120, § 139.
S.D. Codified Laws § 21-15-10.1 — SD Code / Title 21 / Chapter 15 / Section 21-15-10.1
Notice of justification--Additional surety--Time and place of hearing
Status: in_force

On receipt of notice the sheriff or defendant shall, within ten days thereafter, give to the plaintiff by whom the surety is subscribed, or to plaintiff's attorney, notice of the justification of surety. In case additional surety is given there shall be a new undertaking in the form prescribed. The notice shall specify a time not less than five nor more than ten days after service thereof and a place within the county where the action is pending, where hearing on the justification will be held, and that it will be held before the judge of the court, naming him, within such county.

Source: SL 1984, ch 159, § 2.
S.D. Codified Laws § 21-27-2 — SD Code / Title 21 / Chapter 27 / Section 21-27-2
Inquiry into delay in bringing criminal prosecution to trial--Powers of court on return of writ
Status: in_force

Any person committed for a criminal offense and not brought to trial, as provided by the provisions of this code, is entitled to have the delay inquired into upon a writ of habeas corpus, and the court or judge, upon the return of such writ, shall have power to remand or discharge the applicant or to admit him to bail, with or without sureties as the case may be.

Source: CCrimP 1877, § 678; CL 1887, § 7846; RCCrimP 1903, § 778; RC 1919, § 4984; SDC 1939 & Supp 1960, § 37.5502.
S.D. Codified Laws § 21-45-47 — SD Code / Title 21 / Chapter 45 / Section 21-45-47
Validation of prior proceedings in which sales confirmed--Rights barred by no action
Status: in_force

All sales of real property made pursuant to partition proceedings which were confirmed by an order or judgment of the court in which said sales were held prior to January 1, 1992, are hereby in all things legalized, cured, and validated as fully as if said sale and the partition proceedings in reference thereto had been made in full compliance with all existing laws.

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

Source: SL 1967, ch 354; SL 1968, ch 275; SL 1972, ch 134; SL 1992, ch 307, § 8.
S.D. Codified Laws § 21-22-22 — SD Code / Title 21 / Chapter 22 / Section 21-22-22
Testimony and examination of reports--Questions considered
Status: in_force

At all hearings the court shall take testimony in the same manner as at hearings on other proceedings and shall examine all reports and accounts filed, regardless of whether or not objections are made thereto, and shall also consider and pass upon all acts of a fiduciary, regardless of whether any question is raised with reference thereto.

Source: Supreme Court Rule, Part 3, Rule 8, September, 1923; Supreme Court Rule 247, 1939; SDC 1939 & Supp 1960, § 33.2611; SL 2014, ch 226, § 14.
S.D. Codified Laws § 21-44-13 — SD Code / Title 21 / Chapter 44 / Section 21-44-13
Procedure on contested petitions
Status: in_force

If the petition is contested, the procedure shall be the same as upon other trials to the court, and the court must make findings of fact and conclusions of law unless the same are waived by any method of waiver provided by law.

Source: SDC 1939 & Supp 1960, § 37.1207.
S.D. Codified Laws § 21-52-23 — SD Code / Title 21 / Chapter 52 / Section 21-52-23
Time allowed for exercise of owner's final right of redemption
Status: in_force

After the expiration of sixty days from any redemption made under § 21-52-22 , the owner may exercise his final right of redemption within fifteen days as prescribed in § 21-52-7 .

Source: SL 1949, ch 142, § 12; SDC Supp 1960, § 37.5612 (3).
S.D. Codified Laws § 21-45-36 — SD Code / Title 21 / Chapter 45 / Section 21-45-36
Undertaking required of conservator receiving proceeds of sale
Status: in_force

The conservator of a minor or protected person whose interest in real property has been sold, may receive in behalf of such person his share of the proceeds of such real property from the referees, on executing, with sufficient sureties, an undertaking, approved by a judge of the court, that he will faithfully discharge the trust imposed in him, and will render a true and just account to the person entitled thereto, or to his legal representative.

Source: SDC 1939 & Supp 1960, § 37.1426; SL 1993, ch 213, § 105.
S.D. Codified Laws § 21-45-8 — SD Code / Title 21 / Chapter 45 / Section 21-45-8
Lien holders and encumbrancers of record joined by order of court--Referee to determine status of liens and encumbrances
Status: in_force

If it appears to the court by the certificate of the register of deeds or clerk of courts, or by the verified statement of any person who may have examined or searched the records, that there are outstanding liens or encumbrances of record upon such real property, or any part or portion thereof, which existed and were of record at the time of the commencement of the action, and the persons holding such liens are not made parties to the action, the court must either order such persons to be made parties to the action, by an amendment or supplemental complaint, or appoint a referee to ascertain whether or not such liens or encumbrances have been paid or, if not paid, what amount remains due thereon, and their order among the liens or encumbrances severally held by such persons and the parties to the action, and whether the amount remaining due thereon has been secured in any manner, and if secured, the nature and extent of the security.

Source: CCivP 1877, § 557; CL 1887, § 5371; RCCivP 1903, § 596; RC 1919, § 2807; SDC 1939 & Supp 1960, § 37.1411.
S.D. Codified Laws § 21-19-5 — SD Code / Title 21 / Chapter 19 / Section 21-19-5
Effect of levy made without notice--Time allowed for claim of exemptions--Restoration on claim of exemptions without notice of levy
Status: in_force

The notice of levy provided by § 21-19-3 shall not be essential to the validity of any levy, and any levy made without giving such notice shall be valid and shall have full force and effect except as otherwise specifically provided in this section, but the time in which a debtor or any dependent of a debtor may make claim of exemptions as provided in § 21-19-9 , shall not commence to run unless and until such notice is given, and in the absence of such notice such claim may be made by such debtor or dependent at any time within ninety days of actual knowledge of such levy, or thereafter by permission of the court, if the court finds there was reasonable excuse for not making such claim within such ninety days. In the event any such claim is made in a case where no notice has been given under § 21-19-3 the court must require any property set aside to the debtor as exempt or its fair value to be restored by the creditor to the debtor.

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 § 21-45-4 — SD Code / Title 21 / Chapter 45 / Section 21-45-4
Grantees and lien holders need not be joined unless claim recorded
Status: in_force

No person having a conveyance of, or claiming a lien on the property, or some part of it, need be made a party to the action, unless such conveyance or lien appear of record.

Source: CCivP 1877, § 550; CL 1887, § 5364; RCCivP 1903, § 589; RC 1919, § 2800; SDC 1939 & Supp 1960, § 37.1404.
S.D. Codified Laws § 21-54-3 — SD Code / Title 21 / Chapter 54 / Section 21-54-3
Owner's affidavit of defense to summary foreclosure--Injunction requiring foreclosure by action--Costs taxed if defense not established
Status: in_force

In all cases where foreclosure of any personal property lien except conditional sales contracts has been commenced by summary proceedings, the property owner or any person claiming right of possession or any other encumbrancer, may at any time before the sale of the property under such summary proceedings present to the circuit judge and file in the office of the clerk of courts for any county where such summary proceeding is pending, an affidavit stating that he has a defense to such foreclosure and desires to have the same conducted by court procedure. Thereupon the circuit judge shall issue an injunctional order directed to the lien holder and any agent conducting the proceeding, enjoining further summary procedure and requiring foreclosure of the lien in court. The order may be enforced the same as any other injunction of the court. If the defense shall not be established the costs incurred in the summary proceedings may be taxed as additional costs in the court proceeding against the party asserting the defense.

Source: SDC 1939 & Supp 1960, § 37.3410.
S.D. Codified Laws § 21-20-2 — SD Code / Title 21 / Chapter 20 / Section 21-20-2
Civil penalty against attorney or agent for levy on earnings after determination of exemption
Status: in_force

Any attorney or agent who as such has caused garnishment or levy under judicial process to be made upon the earnings of any person, and such earnings have been duly determined to be exempt, and who within six months thereafter, as such attorney or agent, whether in behalf of the same or another claimant, causes another garnishment or levy to be made upon earnings of the same person, unless with the good faith belief, and with good reason for such belief, that such party's financial status has changed to the extent that property of such party, in excess of all exemptions whatsoever, can be reached to secure or satisfy such claim, wholly or in part, shall be liable to such person whose earnings are garnished or levied upon, for a penalty of fifty dollars recoverable in a civil action.

Source: SDC 1939 & Supp 1960, § 37.5002.
S.D. Codified Laws § 21-9-11 — SD Code / Title 21 / Chapter 9 / Section 21-9-11
Specific enforcement of penalty not permitted--Contract enforceable despite penalty or liquidated damages clause
Status: in_force

No specific relief can be granted to enforce a penal law, except in case of nuisance, nor to enforce a penalty or forfeiture in any case; but a contract otherwise proper to be enforced specifically may be so enforced, though a penalty is imposed or the damages are liquidated for its breach, and the party in default is willing to pay the same.

Source: CivC 1877, §§ 1990, 1998; CL 1887, §§ 4623, 4631; RCivC 1903, §§ 2335, 2343; RC 1919, §§ 2006, 2014; SDC 1939 & Supp 1960, § 37.4609.
S.D. Codified Laws § 21-41-15 — SD Code / Title 21 / Chapter 41 / Section 21-41-15
Counterclaim for improvements to include value of land and improvements--Issue and findings on valuation
Status: in_force

Any counterclaim filed pursuant to § 21-14-5 must set forth, among other things, the value of the land aside from the improvements thereon, and also as accurately as practicable the improvements upon the land and the value thereof. Issues may be joined and tried as in other actions, and the value of the land aside from the value of the improvements thereon, and the separate value of the improvements, must be specifically found by the verdict of the jury, the report of the referee, or the findings of the court.

Source: CCivP 1877, §§ 642, 643; CL 1887, §§ 5456, 5457; RCCivP 1903, §§ 682, 683; RC 1919, §§ 2858, 2859; Supreme Court Rules 583, 584, 1939; SDC 1939 & Supp 1960, §§ 37.1517, 37.1518.
S.D. Codified Laws § 21-47-8 — SD Code / Title 21 / Chapter 47 / Section 21-47-8
Dismissal of complaint on payment into court of installments then due
Status: in_force

Whenever an action shall be commenced for the foreclosure of a mortgage upon which there shall be due any interest or any portion or installment of the principal, and there shall be other portions or installments to become due subsequently, the complaint shall be dismissed upon the defendant bringing into court at any time before entry of judgment the principal and interest due, with costs and disbursements.

Source: CCivP 1877, § 626; CL 1887, § 5440; RCCivP 1903, § 666; RC 1919, § 2906; SDC 1939 & Supp 1960, § 37.2907.
S.D. Codified Laws § 21-5-4 — SD Code / Title 21 / Chapter 5 / Section 21-5-4
Foreign statute of limitations applicable
Status: in_force

Whenever the death of a citizen of this state has been caused by a wrongful act, neglect, or default in another state, territory, or foreign country for which a right to maintain an action and recover damages in respect thereto is given by a statute of such other state, territory, or foreign country, such right of action may be enforced in this state within the time prescribed for the commencement of such action, by the statute of such other state, territory, or foreign country.

Source: SL 1909, ch 301, § 2; RC 1919, § 2930; SDC 1939 & Supp 1960, § 37.2202.
S.D. Codified Laws § 21-32-12 — SD Code / Title 21 / Chapter 32 / Section 21-32-12
Service of complaint and notice to plead on attorney general--Pleading by attorney general
Status: in_force

The plaintiff, within ten days after having filed the complaint and undertaking, pursuant to §§ 21-32-10 and 21-32-11 , shall serve a copy of the complaint upon the attorney general and the state auditor, together with a notice to plead or answer thereto within thirty days after the service of such complaint and notice, exclusive of the day of service; and the attorney general shall thereupon be required to answer or plead within the time specified in such notice.

Source: SL 1890, ch 1, § 2; RCCivP 1903, § 26; SL 1913, ch 166; RC 1919, § 2110; SDC 1939 & Supp 1960, § 33.0604.
S.D. Codified Laws § 21-1-3 — SD Code / Title 21 / Chapter 1 / Section 21-1-3
Damages to be reasonable
Status: in_force

Damages must in all cases be reasonable, and where an obligation of any kind appears to create a right to unconscionable and grossly oppressive damages, contrary to substantial justice, no more than reasonable damages can be recovered.

Source: CivC 1877, § 1985; CL 1887, § 4618; RCivC 1903, § 2330; RC 1919, § 2002; SDC 1939 & Supp 1960, § 37.1704.
S.D. Codified Laws § 21-52-10 — SD Code / Title 21 / Chapter 52 / Section 21-52-10
Hearing and determination of amount required to redeem separate tract--Certificate of redemption--Credit on price paid at sale
Status: in_force

The court shall hear an action brought under § 21-52-8 at a regular or special term, shall have the power to extend all time of redemption pending the determination of such action, and by its decree shall determine the amount required to redeem the lands described in plaintiff's complaint; and adjudge that upon payment of such sum, a certificate of redemption shall issue to plaintiff and the amount paid by him shall be credited upon the price paid by the purchaser at foreclosure or execution sale, and the amount required to redeem the balance of the property shall be reduced accordingly.

Source: SL 1949, ch 142, § 15; SDC Supp 1960, § 37.5615.
S.D. Codified Laws § 21-48-3 — SD Code / Title 21 / Chapter 48 / Section 21-48-3
Default required before foreclosure
Status: in_force

To entitle any party to foreclose by advertisement, it shall be necessary that some default in a condition of such mortgage shall have accrued, by which the power to sell has become operative.

Source: CCivP 1877, § 598, subdiv 1; CL 1887, § 5412, subdiv 1; RCCivP 1903, § 637, subdiv 1; RC 1919, § 2877 (1); SDC 1939 & Supp 1960, § 37.3002 (1).
S.D. Codified Laws § 21-28-11 — SD Code / Title 21 / Chapter 28 / Section 21-28-11
Action for damages by successful claimant of office
Status: in_force

If judgment be rendered upon the right of the person so alleged to be entitled, in favor of such person, he may recover, by action, the damages which he shall have sustained by reason of the usurpation by the defendant of the office from which such defendant has been excluded.

Source: CCivP 1877, § 540; CL 1887, § 5354; RCCivP 1903, § 579; RC 1919, § 2790; SDC 1939 & Supp 1960, § 37.0515.
S.D. Codified Laws § 21-10-17 — SD Code / Title 21 / Chapter 10 / Section 21-10-17
Order of abatement against house of ill fame--Removal and sale of property--Building closed--Use of building as contempt
Status: in_force

If the existence of the nuisance be established in an action as provided in § 21-10-11 , an order of abatement shall be entered as a part of the judgment in the case, which order shall direct the removal from the building or place of all fixtures, furniture, musical instruments, or movable property used in conducting the nuisance, and shall direct the sale thereof in the manner provided for the sale of chattels under execution, and the effectual closing of the building or place against its use for any purpose, and so keeping it closed for a period of one year, unless sooner released. If any person shall break and enter or use a building, erection, or place so directed to be closed, he shall be punished as for contempt as provided in § 21-10-20 .

Source: SL 1913, ch 123, § 5; RC 1919, § 2082; SDC 1939 & Supp 1960, § 37.4805.
S.D. Codified Laws § 21-3B-4 — SD Code / Title 21 / Chapter 3B / Section 21-3B-4
Rights and obligations following transfer
Status: in_force

Following a transfer of structured settlement payment rights under this chapter:

(1) The structured settlement obligor and the annuity issuer shall, as to all parties except the transferee, be discharged and released from any liability for the transferred payments;

(2) The transferee is liable to the structured settlement obligor and the annuity issuer:

(a) If the transfer contravenes the terms of the structured settlement, for any taxes incurred by such parties as a consequence of the transfer; and

(b) For any other liabilities or costs, including reasonable costs and attorneys' fees, arising from compliance by such parties with the order of the court or responsible administrative authority or arising as a consequence of the transferee's failure to comply with this chapter;

(3) Neither the annuity issuer nor the structured settlement obligor may be required to divide any periodic payment between the payee and any transferee or assignee or between two or more transferees or assignees; and

(4) Any further transfer of structured settlement payment rights by the payee may be made only after compliance with all of the requirements of this chapter.

Source: SL 2001, ch 106, § 4.
S.D. Codified Laws § 21-35-27 — SD Code / Title 21 / Chapter 35 / Section 21-35-27
Service of declaration of taking on defendants
Status: in_force

A copy of the declaration of taking filed pursuant to § 21-35-24 and any amendments thereto shall be served with the condemnation petition or by mailing a copy thereof to each of the known defendants by registered or certified mail at his last known post office address.

Source: SL 1983, ch 171, § 4; SL 1987, ch 29, § 29.
S.D. Codified Laws § 21-17A-26 — SD Code / Title 21 / Chapter 17A / Section 21-17A-26
Judgment for damages to defendant
Status: in_force

If the defendant prevails in the action or if the action is discontinued, he shall have judgment for the damages sustained by him for any damages to his property by reason of the taking and detention or sale.

Source: SL 1983, ch 168, § 26.
S.D. Codified Laws § 21-8-18 — SD Code / Title 21 / Chapter 8 / Section 21-8-18
Sale of obscene matter to adults not to be enjoined--Destruction not ordered unless matter disseminated to minors
Status: in_force

The final order or judgment of injunction shall not enjoin or prohibit a person from selling, distributing, or promoting matter which is harmful to minors, to persons other than minors, nor shall it order the seizure and destruction of matter harmful to minors unless the court finds that the person was selling, distributing, or promoting, or intends to sell, distribute, or promote such matter to minors.

Source: SL 1974, ch 165, § 22; SDCL Supp, § 22-24-54; SL 1978, ch 164, § 14.
S.D. Codified Laws § 21-49-19 — SD Code / Title 21 / Chapter 49 / Section 21-49-19
Money judgment as precluding foreclosure unless execution remains unsatisfied
Status: in_force

If it appears that any judgment has been obtained in an action at law for the moneys demanded by such complaint, or any part thereof, no foreclosure proceedings shall be commenced 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 other than property mortgaged under this chapter whereon to satisfy such execution.

Source: SL 1977, ch 187, § 9.
S.D. Codified Laws § 21-18-2.1 — SD Code / Title 21 / Chapter 18 / Section 21-18-2.1
Earnings subject to garnishment
Status: in_force

The term, earnings, as used in this chapter means compensation paid or payable for personal services, whether denominated as wages, salary, commission, bonus, or otherwise, and includes periodic payments.

Source: SL 1972, ch 133, § 1; SL 2016, ch 116, § 1.
S.D. Codified Laws § 21-36-19 — SD Code / Title 21 / Chapter 36 / Section 21-36-19
Pleadings and testimony in prior proceedings admissible in evidence
Status: in_force

Upon the trial of said action in the circuit court, the original or a duly certified copy of any petition, pleading, order, finding, or judgment, and the official or proven copy of the testimony of any witness, or other evidence received upon any former hearing in any court of record of this state, wherein any party to said action shall have appeared and asserted any claim or interest in such property or estate, shall be admissible in evidence for or against him.

Source: SL 1909, ch 104, § 5; RC 1919, § 3053; SDC 1939 & Supp 1960, § 37.4204.
S.D. Codified Laws § 21-49-33 — SD Code / Title 21 / Chapter 49 / Section 21-49-33
Right of judgment debtor and lien holders to redeem
Status: in_force

The judgment debtor or successor, and the holders of any lien, legal or equitable, subsequent and junior to that from which redemption is to be made, on the property sold, or any part thereof, shall have the right to redeem from such sale during the redemption period.

Source: SL 1977, ch 187, § 22.
S.D. Codified Laws § 21-30-5 — SD Code / Title 21 / Chapter 30 / Section 21-30-5
Proceedings as for mandamus
Status: in_force

The provisions for proceedings in mandamus apply to this proceeding, except where inconsistent therewith.

Source: CCivP 1877, § 711; CL 1887, § 5533; RCCivP 1903, § 780; RC 1919, § 3022; Supreme Court Rule 610, 1939; SDC 1939 & Supp 1960, § 37.4405.
S.D. Codified Laws § 21-18-34 — SD Code / Title 21 / Chapter 18 / Section 21-18-34
Payment to clerk by state as garnishee--Exoneration of state
Status: in_force

The state auditor may, in the state auditor's discretion, at any time, pay to the clerk of courts of the county in which the action is brought any moneys that may be due to the principal defendant or the part thereof as was determined or due at the time of the service of the summons in garnishment upon the state. Upon the payment of any money to the clerk of courts, or upon notification by the state auditor to the plaintiff or the plaintiff's attorney of the amount, if any, due the defendant, the state auditor or any other state official and the state is absolutely exonerated from all liability.

Source: SL 1927, ch 135, § 5; SDC 1939 & Supp 1960, § 37.2816; SL 2016, ch 116, § 12.
S.D. Codified Laws § 21-52-8 — SD Code / Title 21 / Chapter 52 / Section 21-52-8
Action to redeem separate tract sold in combined sale--Determination of amount required for redemption
Status: in_force

When the property sold on foreclosure of a mortgage, or upon general or special execution, consists of two or more separate farms, tracts, lots, or parcels of land, which at the time of sale are owned by two or more separate owners, or are subject to separate liens, giving to any person the right to redeem a separate property from the sale, and the property has not been sold separately, either under the provisions of § 21-48-12 , or otherwise, any person having the right to redeem one or more of the tracts so sold, but less than the whole property sold, may bring an action in the circuit court of the county wherein the lands he seeks to redeem, or a portion of them, are situated, to have a determination of the amount properly to be paid by him to redeem the properties as to which he claims the right of redemption. Such action must be commenced within six months after the date of the sale of the property. In such action there shall be named as defendants the holder of the certificate of sale, the officer making the sale, and the record owners of all the tracts sold at such foreclosure or execution sale.

Source: SL 1949, ch 142, § 15; SDC Supp 1960, § 37.5615.
S.D. Codified Laws § 21-30-3 — SD Code / Title 21 / Chapter 30 / Section 21-30-3
Affidavit and application for writ
Status: in_force

The writ of prohibition may be issued upon affidavit on application of the person beneficially interested.

Source: CCivP 1877, § 709; CL 1887, § 5531; RCCivP 1903, § 778; RC 1919, § 3020; Supreme Court Rule 608, 1939; SDC 1939 & Supp 1960, § 37.4403.
S.D. Codified Laws § 21-28-16 — SD Code / Title 21 / Chapter 28 / Section 21-28-16
Costs awarded in action against corporation--Collection from directors or officers
Status: in_force

If judgment be rendered in such action against a corporation or against a person claiming to be a corporation, the court may cause the costs therein to be collected by execution against the person claiming to be a corporation, or by attachment or process against the directors or other officers of such corporation.

Source: CCivP 1877, § 544; CL 1887, § 5358; RCCivP 1903, § 583; RC 1919, § 2794; SDC 1939 & Supp 1960, § 37.0505.
S.D. Codified Laws § 21-48-14 — SD Code / Title 21 / Chapter 48 / Section 21-48-14
Proof of value required for deficiency judgment after purchase by mortgagee--Other purchasers unaffected--Negotiability of instruments protected
Status: in_force

When any sale of real estate has been made by a mortgagee, trustee, or other person authorized to make the same at which the mortgagee, payee, or other holder of the obligation thereby secured becomes the purchaser and takes title, either directly or indirectly, before such mortgagee, payee, or other holder of the secured obligation as aforesaid, shall be entitled to any deficiency judgment against the mortgagor, trustor, or other maker of any such obligation whose property has been so purchased, he shall first establish to the satisfaction of the court in which such action for a deficiency judgment is pending that the property covered by such mortgage sold at foreclosure sale for its true market value or more at the time of such sale, and in adjudging any such deficiency the court in arriving at the amount of such judgment shall deduct from the amount of the mortgage indebtedness remaining unsatisfied after the sale of the mortgaged property the difference between the true market value of said property at the time of such sale and the amount for which it sold, if such amount was less than the true market value at the time of sale.

This section shall not affect nor apply to the rights of other purchasers or of innocent third parties nor shall it be held to affect or defeat the negotiability of any note, bond, or other obligation secured by such mortgage, deed of trust, or other instrument.

This section shall not apply to foreclosure sales made pursuant to an order or decree of court nor to any judgment sought or rendered in any foreclosure by action nor to any sale confirmed prior to July 1, 1937.

Source: SL 1937, ch 208; SDC 1939 & Supp 1960, § 37.3007.
S.D. Codified Laws § 21-48-13 — SD Code / Title 21 / Chapter 48 / Section 21-48-13
Purchase by mortgagee at sale
Status: in_force

The mortgagee, his assigns, or their legal representatives, may, fairly and in good faith, purchase the premises so advertised, or any part thereof, at such sale.

Source: CCivP 1877, § 605; CL 1887, § 5419; RCCivP 1903, § 644; RC 1919, § 2884; SDC 1939 & Supp 1960, § 37.3005.
S.D. Codified Laws § 21-9-1 — SD Code / Title 21 / Chapter 9 / Section 21-9-1
Performance may be compelled except as provided
Status: in_force

The specific performance of an obligation may be compelled, except as otherwise provided in the statutes relating to such remedy.

Source: CivC 1877, § 1994; CL 1887, § 4627; RCivC 1903, § 2339; RC 1919, § 2010; SDC 1939 & Supp 1960, § 37.4601.
S.D. Codified Laws § 21-8-2 — SD Code / Title 21 / Chapter 8 / Section 21-8-2
Purposes for which injunction prohibited
Status: in_force

An injunction cannot be granted:

(1) To stay a judicial proceeding pending at the commencement of the action in which the injunction is demanded, unless such restraint is necessary to prevent a multiplicity of such proceedings;

(2) To stay proceedings in a court of the United States;

(3) To stay proceedings in another state upon a judgment of a court of that state;

(4) To prevent the execution of a public statute, by officers of the law, for public benefit;

(5) To prevent the breach of a contract, the performance of which would not be specifically enforced;

(6) To prevent the exercise of a public or private office in a lawful manner, by the person in possession;

(7) To prevent a legislative act by a municipal corporation;

(8) To enforce a penal law, except in case of nuisance or except when specifically authorized by statute;

(9) To enforce a penalty or forfeiture in any case.

Source: CivC 1877, §§ 1990, 2017; CL 1887, §§ 4623, 4650; RCivC 1903, §§ 2335, 2362; RC 1919, §§ 2031, 2035; SDC 1939 & Supp 1960, § 37.4302; SL 1978, ch 155, § 6.
S.D. Codified Laws § 21-19-6 — SD Code / Title 21 / Chapter 19 / Section 21-19-6
Court order for substitute method of making service
Status: in_force

In any case when it fairly appears upon application to the court that it is not practicable or feasible to make service of any notice or paper on any creditor or debtor in the manner provided in this chapter, the court may make an order directing that some other manner or method of making such service be used, the method or manner so fixed to be such as the court determines and which will be most likely under the circumstances to give effective notice to the party to be served.

Source: SDC 1939 & Supp 1960, § 37.4913.
S.D. Codified Laws § 21-23-2 — SD Code / Title 21 / Chapter 23 / Section 21-23-2
Application by court officer or trustee for sale of property
Status: in_force

Any court officer or trustee who has in his possession or custody real or personal property and who deems it necessary or desirable and in the interest of the persons entitled to receive such property or beneficially interested therein, may apply to the court having jurisdiction of the proceeding affecting such property for authority to sell the same.

Source: Supreme Court Order No. 2 (2) adopted October 12, 1944; SDC Supp 1960, § 33.26A02.
S.D. Codified Laws § 21-18-53 — SD Code / Title 21 / Chapter 18 / Section 21-18-53
Extent of debtor exemption
Status: in_force

The earnings of a debtor are exempt from process or levy only to the extent provided in §§ 21-18-51 and 21-18-52 .

Source: SL 1990, ch 157, § 5.
S.D. Codified Laws § 21-41-8 — SD Code / Title 21 / Chapter 41 / Section 21-41-8
Service of summons on named defendants
Status: in_force

The summons shall be served upon all defendants specified by name in the title to the action, either personally or by publication as provided by statute or rules of court for such service.

Source: SL 1903, ch 194, § 6; SL 1905, ch 81; RC 1919, § 2851; SDC 1939 & Supp 1960, § 37.1512.
S.D. Codified Laws § 21-41-14 — SD Code / Title 21 / Chapter 41 / Section 21-41-14
Contents of defendant's answer--Counterclaim permitted
Status: in_force

The defendant in his answer must set forth fully and particularly the origin, nature, and extent of his claim to the property; and may set forth his rights in the property as a counterclaim and demand affirmative relief.

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 § 21-5-8 — SD Code / Title 21 / Chapter 5 / Section 21-5-8
Apportionment of damages among beneficiaries
Status: in_force

The amount received by such personal representative, whether by settlement or otherwise, shall be apportioned among the beneficiaries, unless adjusted between themselves, by the court making the appointment, in such manner as shall be fair and equitable, having reference to the age and condition of such beneficiaries.

Source: SL 1909, ch 301, § 3; RC 1919, § 2931; SDC 1939, § 37.2203; SL 1947, ch 173; SL 1951, ch 193; SL 1957, ch 194; SL 1963, ch 235; SL 1967, ch 149; SL 1984, ch 158, § 2.
S.D. Codified Laws § 21-52-13 — SD Code / Title 21 / Chapter 52 / Section 21-52-13
Extension of redemption period by payment of amounts then due--Certificate of payment--Recording
Status: in_force

If at or prior to the expiration of one year from the date of sale, any redemptioner shall make all of the following payments:

(1) All taxes due on the land and any other sums paid by the purchaser to protect his interest in the property including the payment of insurance premiums, installments of principal or interest upon a superior lien, together with interest at the legal rate from the date of the payment of any of such sums;

(2) All interest due on the mortgage or judgment at the date of sale;

(3) Interest upon the principal of the mortgage, or the amount of the judgment, for one year from the date of sale and in addition for one year in advance, at the legal rate in the case of a judgment, and at the rate originally provided for in the mortgage before maturity in case of mortgages;

(4) All costs of foreclosure, if made by advertisement, and all costs of sale if made on general or special execution;

Such payment shall be evidenced by the certificate of the sheriff or holder of the certificate of sale, duly acknowledged, which shall be recorded in the office of the register of deeds where the certificate of sale was recorded, and such certificate, or the record thereof, or a certified copy of the record, shall be conclusive proof of such payment.

Source: SL 1949, ch 142, § 6; SDC Supp 1960, § 37.5606; SL 1981, ch 171.
S.D. Codified Laws § 21-37-8 — SD Code / Title 21 / Chapter 37 / Section 21-37-8
Publication of notice of hearing on change of name of municipality of platted portion
Status: in_force

Notice of the hearing on change of name under § 21-37-6 , stating the time and place of hearing, object of hearing, and proposed name shall be given by publishing the same once each week for at least two successive weeks in some legal newspaper published in the municipality involved or if none is published therein, then in any legal newspaper of the county, in which the municipality is situated.

Source: CCivP 1877, § 736; CL 1887, § 5558; RCCivP 1903, § 805; RC 1919, § 3044; Supreme Court Rule 569, 1939; SDC 1939 & Supp 1960, § 37.1003 (2); SL 1972, ch 51, § 5.
S.D. Codified Laws § 21-37-2 — SD Code / Title 21 / Chapter 37 / Section 21-37-2
Residence required for change of name of person--Proceedings
Status: in_force

Any person who has been a bona fide resident of any county of this state for a period of six months next preceding the filing of the petition required in § 21-37-3 , may change his or her name by proceeding as provided by §§ 21-37-3 to 21-37-5 , inclusive.

Source: CCivP 1877, § 735; CL 1887, § 5557; RCCivP 1903, § 804; RC 1919, § 3043; Supreme Court Rule 568, 1939; SDC 1939 & Supp 1960, § 37.1002.
S.D. Codified Laws § 21-51-6 — SD Code / Title 21 / Chapter 51 / Section 21-51-6
Order fixing time for hearing on petition or complaint--Notice
Status: in_force

Upon the filing of the application, petition, or complaint in the office of the clerk of the court, the court shall by order fix a time and place for hearing the same and direct notice thereof to be given, which time shall be not less than thirty days from the first publication or posting of the notice as hereinafter provided.

Source: SL 1901, ch 108; RCCivP 1903, § 880; SL 1913, ch 272, § 1; RC 1919, § 3046; SL 1920 (SS), ch 67, § 2; Supreme Court Rule 565, 1939; SDC 1939 & Supp 1960, § 37.0904.
S.D. Codified Laws § 21-35-1 — SD Code / Title 21 / Chapter 35 / Section 21-35-1
Condemnors covered by chapter--Petition for ascertainment of compensation by jury
Status: in_force

In all cases where any person, group, or corporation, public or private, including the owners of water rights, ditches, flumes, reservoirs, and mining property under the provisions of the laws of Congress, invested with the privilege of taking or damaging private property for public use, in making, constructing, repairing, or using any work or improvement allowed by law, shall determine to exercise such privilege, it shall file a petition in the circuit court for the county in which the property to be taken or damaged is situated, praying that the just compensation to be made for such property may be ascertained by a jury.

Source: SL 1891, ch 94, § 1; RCCivP 1903, § 863; RC 1919, § 2938; SDC 1939 & Supp 1960, § 37.4001.
S.D. Codified Laws § 21-47-23 — SD Code / Title 21 / Chapter 47 / Section 21-47-23
Redemption procedure
Status: in_force

The redemption of real property sold upon foreclosure of mortgages by order, judgment, or decree of court shall be as provided by statute relating to redemption from mortgage foreclosure sales by advertisement and sale under power of sale.

Source: CCivP 1877, § 633; CL 1887, § 5447; RCCivP 1903, § 673; RC 1919, § 2912; SDC 1939 & Supp 1960, § 37.2915.
S.D. Codified Laws § 21-47-13 — SD Code / Title 21 / Chapter 47 / Section 21-47-13
Judgment of foreclosure and sale of premises--Sale by parcels--Delivery of possession deferred during period of redemption
Status: in_force

Whenever an action shall be brought for the foreclosure or satisfaction of a mortgage, the court shall have power to 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, and to order and decree a sale of the mortgaged premises, or such part thereof as may be sufficient to pay the amount adjudged to be due, and costs of sale, and shall have power to direct in what parcels the premises 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 or parcels offered, such parcel or parcels may be sold with any other parcel not yet sold, in one parcel; and shall have power to order and compel the delivery of the possession of the premises to the purchaser; but in no case under this chapter shall the possession of the premises so sold be delivered to the purchaser or person entitled thereto, until after the expiration of the period of redemption.

Source: CCivP 1877, § 617; CL 1887, § 5431; RCCivP 1903, § 656; RC 1919, § 2898; SL 1929, ch 178; SDC 1939 & Supp 1960, § 37.2911.
S.D. Codified Laws § 21-15-1 — SD Code / Title 21 / Chapter 15 / Section 21-15-1
Claim of immediate delivery permitted in action for possession of personal property--Time of claim
Status: in_force

The plaintiff, in an action to recover the possession of personal property may, at the time of issuing the summons or at any time before answer, claim the immediate delivery of such property as provided in this chapter.

Source: CCivP 1877, § 176; CL 1887, § 4972; RCCivP 1903, § 184; RC 1919, § 2411; SDC 1939 & Supp 1960, § 37.3801.
S.D. Codified Laws § 21-63-1 — SD Code / Title 21 / Chapter 63 / Section 21-63-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Aviation product," any product or component designed, manufactured, fabricated, assembled, produced, or constructed for aviation purposes, including aircraft, parts produced primarily for use in aircraft, aviation navigation aids, aircraft instrumentation, aircraft testing products, aircraft components, aircraft support and maintenance products or components, aircraft materials production, aircraft materials testing, and aircraft safety products;

(2) "Aviation product liability claim," includes any claim or action brought for harm caused by the manufacture, production, making, construction, fabrication, design, formula, preparation, assembly, installation, testing, warnings, instructions, marketing, packaging, storage, or labeling of the relevant aviation product. The term includes any action based on, strict liability in tort, negligence, breach of express or implied warranty, breach of, or failure to, discharge a duty to warn or instruct, whether negligent or innocent, misrepresentation, concealment, or nondisclosure, whether negligent or innocent, or under any other substantive legal theory;

(3) "Harm," includes damage to property, personal physical injuries, illness, and death, mental anguish or emotional harm attendant to personal physical injuries, illness, or death. The term does not include direct or consequential economic loss;

(4) "Manufacturer," includes an aviation product seller who designs, produces, creates, assembles, installs, makes, fabricates, constructs, or remanufactures the relevant product or component part of an aviation product before its sale to a user or consumer. The term includes a product seller or entity not otherwise a manufacturer that holds itself out as a manufacturer, or that is owned in whole or in part by the manufacturer;

(5) "Product seller," any person or entity that is engaged in the business of selling aviation products, whether the sale is for resale, or for use or consumption. The term includes a manufacturer, wholesaler, distributor, or retailer of the relevant aviation product; and

(6) "Time of delivery," the time of delivery of an aviation product to its first purchaser or lessee who was not engaged in the business of either selling such products or using them as component parts of another product to be sold.

Source: SL 2011, ch 113, § 1.
S.D. Codified Laws § 21-36-15 — SD Code / Title 21 / Chapter 36 / Section 21-36-15
Circuit court not to settle estate unless state has intervened
Status: in_force

The circuit court shall make no order in any manner disposing of or distributing the property belonging to an estate, except for the purpose of paying claims of creditors, unless the attorney general has instituted, or intervened in such probate proceedings, in which case settlement of the estate shall be completed, subject to the right of appeal by any interested party including the state.

Source: SL 1909, ch 104, § 5; RC 1919, § 3053; SDC 1939 & Supp 1960, § 37.4204; SL 1995, ch 167, § 95.
S.D. Codified Laws § 21-12-3 — SD Code / Title 21 / Chapter 12 / Section 21-12-3
Compensation required of plaintiff for rescission
Status: in_force

On adjudging the rescission of a contract, the court may require the party to whom such relief is granted to make any compensation to the other which justice may require.

Source: CivC 1877, § 2010; CL 1887, § 4643; RCivC 1903, § 2355; RC 1919, § 2026; SDC 1939 & Supp 1960, § 37.0703.
S.D. Codified Laws § 21-32-20 — SD Code / Title 21 / Chapter 32 / Section 21-32-20
Sovereign immunity not waived
Status: in_force

Neither §§ 21-32-19 to 21-32-21 , inclusive, nor any rules promulgated thereunder may be deemed a waiver or alteration of the doctrine of governmental or sovereign immunity.

Source: SL 1988, ch 183, § 1A.
S.D. Codified Laws § 21-36-25 — SD Code / Title 21 / Chapter 36 / Section 21-36-25
Summons and complaint of adverse claimant--Answer and trial
Status: in_force

The adverse claimant or claimants may serve and file a summons and a complaint in the circuit court for the county where such action was brought, alleging his claim or right to said property or the proceeds thereof. A copy of such summons and complaint shall be served upon the state's attorney of the county, and the attorney general, who shall within thirty days thereafter answer the same, and the court thereupon must try the issue as in the original action.

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 § 21-10-3 — SD Code / Title 21 / Chapter 10 / Section 21-10-3
Public and private nuisances defined
Status: in_force

A public nuisance is one which affects at the same time an entire community or neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon the individuals may be unequal. Every other nuisance is private.

Source: CivC 1877, §§ 2048, 2049; CL 1887, §§ 4682, 4683; RCivC 1903, §§ 2394, 2395; RC 1919, §§ 2067, 2068; SDC 1939 & Supp 1960, § 37.4702.
S.D. Codified Laws § 21-35-8 — SD Code / Title 21 / Chapter 35 / Section 21-35-8
Notice of pendency of action filed with register of deeds--Effect of recording
Status: in_force

At any time after the filing of the petition the plaintiff may file for record in the office of the register of deeds of the county in which the petition is filed a notice of the pendency of the proceeding, containing the names of the parties plaintiff and defendant, a statement of the purpose of the proceeding, and a description of the property through or over which the proposed improvement is to be constructed, which notice shall be recorded and indexed in the same manner as provided by law for the recording and indexing of notices of the pendency of actions in the circuit court, and from the date of the filing thereof shall be notice to all subsequent purchasers or encumbrancers of the property therein described.

Source: SL 1891, ch 94, § 3; RCCivP 1903, § 865; RC 1919, § 2940; SDC 1939 & Supp 1960, § 37.4006.
S.D. Codified Laws § 21-32-15 — SD Code / Title 21 / Chapter 32 / Section 21-32-15
Liability insurance--Purchase by state
Status: in_force

The State of South Dakota, through the commissioner of human resources and administration, may obtain and pay for public liability insurance to the extent and for the purposes considered expedient by the commissioner for the purpose of insuring the liability of the state, its officers, agents, or employees.

Source: SL 1981, ch 169, § 1; SL 1984, ch 162; SL 2024, ch 1 (Ex. Ord. 24-1), §§ 13, 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 21-38-3 — SD Code / Title 21 / Chapter 38 / Section 21-38-3
Title of application for restoration
Status: in_force

The application for restoration of a public record under the provisions of this chapter shall be entitled in the court having jurisdiction and in the name of the person making the application and shall designate in its title in general terms the name of the instrument or record sought to be restored.

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 (1).
S.D. Codified Laws § 21-48-8 — SD Code / Title 21 / Chapter 48 / Section 21-48-8
Continuation of foreclosure proceedings despite changes in county boundaries or status
Status: in_force

When a foreclosure has been legally and properly commenced in any county by first publication of the notice of sale it may be carried on to full completion and issue of sheriff's deed or redemption, in such county, regardless of any change which may take place in the boundaries, name, legal, or political status of such county.

Source: SL 1917, ch 8, § 1; RC 1919, § 2896; SDC 1939 & Supp 1960, § 37.3013.
S.D. Codified Laws § 21-42-2 — SD Code / Title 21 / Chapter 42 / Section 21-42-2
Time of bringing action
Status: in_force

Said action may be commenced at any time after the expiration of four years from the date of the tax certificate or certificates and in cases where the action be commenced upon existing tax deeds, said action may be commenced at any time.

Source: SL 1941, ch 161, § 1; SL 1943, ch 140; SDC Supp 1960, § 37.16A01.
S.D. Codified Laws § 21-45-44 — SD Code / Title 21 / Chapter 45 / Section 21-45-44
Sale not confirmed if higher and better bid filed--Successive bids at hearing--Order directing conveyance to highest bidder
Status: in_force

Such sale shall not be confirmed as to any property for which a higher and better bid in writing, equal to or exceeding the amount specified in the order of sale, shall have been filed, prior to or at the hearing upon the return of sale, and successive bids may be received at such hearing. At the close of said bidding the court shall enter an order directing the execution and delivery of a proper conveyance to and the taking of security, if any, from the person filing or making the highest and best bid.

Source: SDC 1939, § 37.1437 as added by SL 1943, ch 137, § 2; SL 1945, ch 161, § 1; SL 1947, ch 170.
S.D. Codified Laws § 21-63-12 — SD Code / Title 21 / Chapter 63 / Section 21-63-12
Evidence of advancements, changes, or subsequent measures
Status: in_force

In an aviation product liability claim, the following evidence is not admissible for any purpose:

(1) Evidence of any advancements or changes in technical or other knowledge or techniques; in design theory or philosophy; in manufacturing or testing knowledge; in techniques or processes in labeling; or warning of risks or hazards; or, in instructions for the use of the aviation product, if the advancements or changes have been made, learned, or placed into common use subsequent to the time the aviation product in issue was designed, formulated, tested, manufactured, or sold by the manufacturer; and

(2) Evidence of any changes made in the designing, planning, formulating, testing, preparing, manufacturing, packaging, warning, labeling, or instructing for use of, or with regard to, the aviation product in issue, or any similar product, which any change was made subsequent to the time the aviation product in issue was designed, formulated, tested, manufactured, or sold by the manufacturer.

This section does not require the exclusion of evidence of a subsequent measure if offered to impeach a witness for the manufacturer or seller of an aviation product who has expressly denied the feasibility of such a measure.

Source: SL 2011, ch 113, § 12.
S.D. Codified Laws § 21-47-14 — SD Code / Title 21 / Chapter 47 / Section 21-47-14
Officer by whom sale made--Place and notice of sale--Levy on execution not required
Status: in_force

All sales of mortgaged premises under an order and decree of foreclosure must be made by a referee, sheriff, or his deputy, of the county where the court in which the judgment is rendered is held, or other person appointed by the court for that purpose, and must be made in the county where the premises, or some part of them, are situated, and shall be made upon like notice and in the same manner as provided by law for the sale of real property upon execution. No levy on mortgaged real estate under the execution, however, shall be required and the officer may proceed to advertise and sell it upon receipt of the execution without further proceedings.

Source: CCivP 1877, § 622; CL 1887, § 5436; RCCivP 1903, § 661; RC 1919, § 2903; Supreme Court Rule 592, 1939; SDC 1939 & Supp 1960, § 37.2912.
S.D. Codified Laws § 21-17A-27 — SD Code / Title 21 / Chapter 17A / Section 21-17A-27
Delivery of property on judgment for defendant--Action on plaintiff's bond
Status: in_force

If the defendant recovers judgment, all the money or property held by any writ of attachment shall be delivered to him, subject to the plaintiff's rights on appeal, and he may maintain an action on the plaintiff's bond for the assessed damages sustained by reason of the writ of attachment. Upon the entry of final judgment in favor of the defendant or on satisfaction of a plaintiff's judgment, if real estate was attached, the fact of such judgment or satisfaction shall be recorded by the prevailing party with the register of deeds in any county in which attached lands are situated.

Source: SL 1983, ch 168, § 27; SL 1987, ch 162.
S.D. Codified Laws § 21-25B-4 — SD Code / Title 21 / Chapter 25B / Section 21-25B-4
Health care services arbitration panel created--Composition--Terms--Selection--Replacements
Status: in_force

There is hereby created a health care services arbitration panel. The president of the State Bar of South Dakota shall select fifteen lawyers to serve on the panel. Each lawyer selected shall serve a three - year term. The president of the State Medical Association shall select fifteen physicians licensed by the State Board of Medical and Osteopathic Examiners in the same manner, and the president of the State Hospital Association shall also select fifteen members in the same manner. When a panel member's term expires he shall continue to serve until a replacement is named.

Source: SL 1976, ch 155, §§ 8, 9; SL 1984, ch 160, § 1.
S.D. Codified Laws § 21-1-6 — SD Code / Title 21 / Chapter 1 / Section 21-1-6
Market value considered in estimating damage to property
Status: in_force

In estimating the damage to property, except in the cases prescribed in §§ 21-1-8 and 21-1-9 , the value of such property to the owner is deemed to be its market value at the time and in the market nearest to the place where it was located at the time of the damage.

Source: CivC 1877, § 1979; CL 1887, § 4612; RCivC 1903, § 2324; RC 1919, § 1996; SDC 1939 & Supp 1960, § 37.1707.
S.D. Codified Laws § 21-45-56 — SD Code / Title 21 / Chapter 45 / Section 21-45-56
Receipt and deposit by clerk of courts of securities and investments for parties--Accounting
Status: in_force

The clerk of courts, in whose name a security is taken, or by whom an investment is made, and his successor in office, must receive the interest and principal as it becomes due, and apply and invest the same as the court may direct; and must deposit with the county treasurer all securities taken, and keep an account in a book provided and kept for that purpose in the clerk's office, free for inspection by all persons, of investments and moneys received by him thereon and the disposition thereof.

Source: CCivP 1877, § 587; CL 1887, § 5401; RCCivP 1903, § 626; RC 1919, § 2837; SDC 1939 & Supp 1960, § 37.1439.
S.D. Codified Laws § 21-25A-27 — SD Code / Title 21 / Chapter 25A / Section 21-25A-27
Rehearing ordered after vacation of award--Time allowed for award on rehearing
Status: in_force

In vacating the award on grounds other than stated in subdivision 21-25A-24(5), the court may order a rehearing before new arbitrators chosen as provided in the agreement, or in the absence thereof, by the court in accordance with § 21-25A-9 , or, if the award is vacated on grounds set forth in subdivisions 21-25A-24(3) and (4) the court may order a rehearing before the arbitrators who made the award or their successors appointed in accordance with § 21-25A-9 . The time within which the agreement requires the award to be made is applicable to the rehearing and commences from the date of the order.

Source: SL 1971, ch 157, § 13.
S.D. Codified Laws § 21-10-25.10 — SD Code / Title 21 / Chapter 10 / Section 21-10-25.10
Agricultural operation nuisance--Standing--Burden of proof--Violation required
Status: in_force

A nuisance action may not be filed against an agricultural operation unless the plaintiff is an owner or lessee of the real property affected by the conditions alleged to be a nuisance, and the real property is located within one mile of the source of the activity or structure alleged to be a nuisance.

An agricultural operation may not be held liable for nuisance unless the plaintiff proves by clear and convincing evidence that the claim arises out of conduct that did not comply with any county, municipal, state, or federal law or regulation.

Source: SL 2023, ch 65, § 7.
S.D. Codified Laws § 21-63-4 — SD Code / Title 21 / Chapter 63 / Section 21-63-4
Express warranty beyond useful safe life
Status: in_force

An aviation product seller may be subject to liability for harm caused by an aviation product used beyond the product's useful safe life to the extent that the aviation product seller has expressly warranted the aviation product for a longer period.

Source: SL 2011, ch 113, § 4.
S.D. Codified Laws § 21-36-4 — SD Code / Title 21 / Chapter 36 / Section 21-36-4
Intervention in probate proceedings in lieu of bringing action
Status: in_force

In any of the cases enumerated in §§ 21-36-2 and 21-36-3 , if it shall appear to the attorney general that the condition of the estate is such as will permit the question of the right of succession thereto, including the rights of the state as the ultimate heir of the decedent, to be determined in the course of probate proceedings in the manner provided by law, then the attorney general shall be authorized to institute or to intervene in any probate proceedings affecting such estate, in lieu of the proceedings provided for by this chapter.

Source: SL 1909, ch 104, § 2; RC 1919, § 3050; SL 1921, ch 228, § 1; SDC 1939 & Supp 1960, § 37.4202.
S.D. Codified Laws § 21-35-20 — SD Code / Title 21 / Chapter 35 / Section 21-35-20
Appeal to Supreme Court--Improvement not delayed--Security for payment of award
Status: in_force

Appeals shall be allowed in all cases provided for in this chapter to the Supreme Court, the same as in other civil actions, but the prosecution of such an appeal shall not prevent or delay the work or improvement involved; provided the plaintiff shall deposit with the clerk of courts, for the use and benefit of the appellant such sum as shall be awarded by the verdict and shall give to the appellant a bond in such sum as the court shall direct, to secure the payment of any additional sum which may be awarded to the appellant in the future proceedings therein.

Source: RCCivP 1903, § 877; RC 1919, § 2952; SDC 1939 & Supp 1960, § 37.4012.
S.D. Codified Laws § 21-48-16 — SD Code / Title 21 / Chapter 48 / Section 21-48-16
Surplus proceeds of sale paid to clerk of court--Notice to mortgagor and junior lien holders of deposit of surplus
Status: in_force

It shall be the duty of every officer who conducts any such sale to apply the proceeds thereof as provided in § 21-47-18 , except that the surplus, if any, shall be paid to the clerk of the circuit court and he shall give his receipt therefor. The sheriff shall forthwith give notice by mail to the mortgagor, his personal representatives or assigns, and to all persons holding junior encumbrances or liens, of the deposit of such surplus with the clerk.

Source: CCivP 1877, § 610; SL 1887, ch 27, § 1; CL 1887, § 5424; SL 1893, ch 118; RCCivP 1903, §§ 649, 664; RC 1919, § 2885; SL 1923, ch 222; SDC 1939 & Supp 1960, § 37.3006.
S.D. Codified Laws § 21-10-16 — SD Code / Title 21 / Chapter 10 / Section 21-10-16
Costs taxable to plaintiff on finding of no reasonable ground
Status: in_force

If an action pursuant to § 21-10-11 is brought by a citizen, and the court finds there was no reasonable ground or cause for said action, the costs may be taxed to such citizen.

Source: SL 1913, ch 123, § 3; RC 1919, § 2080; SDC 1939 & Supp 1960, § 37.4803.
S.D. Codified Laws § 21-3-5 — SD Code / Title 21 / Chapter 3 / Section 21-3-5
General measure of damages for wrongful occupation of real property
Status: in_force

The detriment caused by the wrongful occupation of real property, in cases not embraced in §§ 21-3-6 to 21-3-9 , inclusive, is deemed to be the value of the use of the property for the time of such occupation, not exceeding six years next preceding the commencement of the action or proceeding to enforce the rights to damages, and the costs, if any, of recovering the possession.

Source: CivC 1877, § 1968; CL 1887, § 4601; RCivC 1903, § 2313; RC 1919, § 1985; SDC 1939 & Supp 1960, § 37.1903.
S.D. Codified Laws § 21-25B-16 — SD Code / Title 21 / Chapter 25B / Section 21-25B-16
Striking selections for five-member panel
Status: in_force

In the case of a five - member panel each party may strike one choice of the other party. In such case the party whose choice has been struck shall make another selection. In the case of multiple plaintiffs or defendants, any panel member to be struck shall be mutually agreed to by all such plaintiffs or defendants. A request to strike a panel choice shall be made by a party by giving notice to the arbitration officer within five days of receipt from him of the other party's choices. The name of any person struck from the panel shall not be made public.

Source: SL 1976, ch 155, § 12.
S.D. Codified Laws § 21-35-31 — SD Code / Title 21 / Chapter 35 / Section 21-35-31
Entry on private property--Examination and survey--Examination only if permission denied--Requirements--Challenge permitted--Results--Applicability
Status: in_force

The provisions of this section only apply to a project that requires a siting permit pursuant to chapter 49-41B . Except as otherwise provided in this section, any person vested with authority to take private property for public use may cause an examination and survey to be made as necessary for proposed facilities, and the person, or the person's agent or officer, may enter the property to conduct the examination and survey.

If the owner of the property denies permission for the examination or survey, the person may conduct only an examination and must:

(1) Have a pending or approved siting permit application with the Public Utilities Commission of the State of South Dakota pursuant to § 49-41B-11 ;

(2) Provide to the owner thirty days' written notice, served in accordance with § 15-6-4 or sent by certified mail with return receipt requested, which contains:

(a) A description of the specific portions of property to be examined;

(b) The anticipated date and time of entry;

(c) The anticipated duration of presence on the property;

(d) A description of the type of examination that may be conducted; and

(e) The name and contact information of the person, or the person's agent or officer, who will enter the property to conduct the examination; and

(3) Make a payment to the owner, or provide sufficient security for the payment, for any actual damage done to the property by the entry.

The owner may challenge the proposed examination or survey by commencing an action in circuit court in the county where the examination or survey is proposed, within thirty days of service of the written notice.

Upon written request, the owner is entitled to a copy of the results of any survey or examination conducted pursuant to this section.

This section does not apply to the state or its political subdivisions. This section is in addition to and not in derogation of other existing law.

For purposes of this section, "examination" means a minimally invasive, superficial inspection of real property, resulting in no more than minor soil disturbances, to obtain general information that is not a matter of public record. For purposes of this section, "survey" means a more detailed, comprehensive, or invasive investigation of real property.

Source: SL 2016, ch 118, § 1; SL 2024, ch 77, § 1; SL 2026, ch 95, § 1.
S.D. Codified Laws § 21-18-6 — SD Code / Title 21 / Chapter 18 / Section 21-18-6
Garnishee summons annexed to affidavit--Form
Status: in_force

The plaintiff shall annex or subjoin to the garnishment affidavit a garnishee summons, which shall be in substantially the following form:

A. B., Plaintiff, vs.

C. D., Defendant, and

E. F., Garnishee.

You are hereby summoned pursuant to the annexed affidavit, as a garnishee of the defendant, C. D., and required within thirty days after the service of this summons upon you, exclusive of the day of service, to answer, according to law, whether you are indebted to or have in your possession or under your control any property, real or personal, belonging to such defendant, and to serve a copy of your answer on the undersigned at ________ in the county of ________; and in case of your failure so to do, you will be liable to further proceedings according to law; of which the said defendant will also take notice.

Source: SL 1909, ch 156, § 3; RC 1919, § 2455; SDC 1939 & Supp 1960, § 37.2803.
S.D. Codified Laws § 21-17A-1 — SD Code / Title 21 / Chapter 17A / Section 21-17A-1
Attachment by creditor
Status: in_force

A creditor may attach the property of his debtor, in the cases, upon the conditions, and in the manner prescribed in this chapter.

Source: SL 1983, ch 168, § 1.
S.D. Codified Laws § 21-45-12 — SD Code / Title 21 / Chapter 45 / Section 21-45-12
Trial and determination of rights of parties in property--Rights of unknown persons
Status: in_force

The rights of the several parties, plaintiff as well as defendant, may be put in issue, tried, and determined in such action; and when a sale of the premises is necessary, the title must be ascertained by proof to the satisfaction of the court, before the judgment of sale can be made; and where service of the complaint has been made by publication, like proof must be required of the right of the absent or unknown parties before such judgment is rendered; except that where there are several unknown persons having an interest in the property, their rights may be considered together in the action, as not between themselves.

Source: CCivP 1877, § 555; CL 1887, § 5369; RCCivP 1903, § 594; RC 1919, § 2805; SDC 1939 & Supp 1960, § 37.1409.
S.D. Codified Laws § 21-54-7 — SD Code / Title 21 / Chapter 54 / Section 21-54-7
Place of sale--Notice of public access
Status: in_force

Foreclosures under this chapter may be held at any public place in any of the municipalities or villages of the county in which the foreclosure is to be held, but in case of heavy or bulky articles or materials which cannot be conveniently or practicably moved, the sale may be held where they are located provided the public is afforded free right of access for inspection and bidding. In such cases notice of all such facts and definite description of the place, and reason for holding the sale there and of the public's right of access must be stated in the notice of sale.

Source: SDC 1939 & Supp 1960, § 37.3404; SL 1992, ch 60, § 2.
S.D. Codified Laws § 21-25B-25 — SD Code / Title 21 / Chapter 25B / Section 21-25B-25
Per diem and expenses of panel members--Compensation of arbitration officer--Payments from health care services arbitration account
Status: in_force

Each member of the panel shall receive one hundred dollars per day plus expenses at the same rate as other state officers as compensation for his services on the panel. The presiding judge of the circuit court shall fix the compensation of the arbitration officer. All compensation shall be paid out of the health care services arbitration account.

Source: SL 1976, ch 155, § 16.
S.D. Codified Laws § 21-25A-14 — SD Code / Title 21 / Chapter 25A / Section 21-25A-14
Hearing by all arbitrators--Continuation when arbitrator ceases to act
Status: in_force

Unless otherwise provided by the agreement, the hearing shall be conducted by all the arbitrators but a majority may determine any question and render a final award. If, during the course of the hearing, an arbitrator for any reason ceases to act, the remaining arbitrator or arbitrators appointed to act as neutrals may continue with the hearing and determination of the controversy.

Source: SL 1971, ch 157, § 5 (3).
S.D. Codified Laws § 21-34-6 — SD Code / Title 21 / Chapter 34 / Section 21-34-6
Power of court to compel obedience and punish violations--Maximum penalties
Status: in_force

In any and all cases under this chapter, the court shall have jurisdiction by order, judgment, or decree to compel the obedience or stop or punish the violation which is certified and to fix such time within which obedience may be made or violation stopped and to order, adjudge, or decree and enforce a penalty not exceeding a fine of five thousand dollars or confinement in any county jail or state prison not exceeding one year, or both such fine and imprisonment.

Source: SDC 1939, § 65.0107.
S.D. Codified Laws § 21-3A-11 — SD Code / Title 21 / Chapter 3A / Section 21-3A-11
Satisfaction of judgment and discharge of debtor
Status: in_force

If security is posted in accordance with § 21-3A-8 and approved under a final judgment entered under this chapter, the judgment is satisfied and the judgment debtor on whose behalf the security is posted is discharged.

Source: SL 1986, ch 163, § 11.
S.D. Codified Laws § 21-15-4 — SD Code / Title 21 / Chapter 15 / Section 21-15-4
Undertaking required of plaintiff--Contents--Waiver
Status: in_force

Before possession of any property may be taken, there must be furnished a written undertaking with one or more sufficient sureties approved by the sheriff, or a cash deposit, in double the value as stated in the affidavit, securing return of the property to the defendant if return thereof be adjudged, and the payment to the defendant of any such sum as may, for any cause, be recovered against the plaintiff. The court may waive the undertaking if the ownership of the property is not in question and the plaintiff is or has been a tenant of the defendant.

Source: SDC 1939 & Supp 1960, § 37.3803; SL 1993, ch 170.
S.D. Codified Laws § 21-3A-3 — SD Code / Title 21 / Chapter 3A / Section 21-3A-3
Calculation of damages by trier of fact
Status: in_force

If liability is found in a trial under this chapter, the trier of fact, in addition to other appropriate findings, shall make separate findings for each claimant specifying the amount of:

(1) Any past damages; and

(2) Any future damages and the periods over which they will accrue, on an annual basis, for each of the following types:

(a) Medical and other costs of health care;

(b) Other economic loss; and

(c) Noneconomic loss.

The calculation of future damages for types (a) and (c) described in subdivision (2) of this section shall be based on the costs and losses during the period of time the claimant will sustain those costs and losses and the calculation for type (b) shall be based on the losses during the period of time the claimant would have lived but for the injury upon which the claim is based.

Source: SL 1986, ch 163, § 3.
S.D. Codified Laws § 21-45-32 — SD Code / Title 21 / Chapter 45 / Section 21-45-32
Credit terms ordered by court and announced at sale--Separate sale of distinct tracts
Status: in_force

In all cases of sales of property, the terms must be made known at the time, and if the premises consist of distinct farms or lots, they must be sold separately. The court must, in the order for sale, direct the terms of credit which may be allowed for the purchase money of any portion of the real property, of which it may direct a sale on credit, and for that portion of which the purchase money is required to be invested for the benefit of unknown owners, infants, or parties out of the state.

Source: CCivP 1877, §§ 572, 578; CL 1887, §§ 5386, 5392; RCCivP 1903, §§ 611, 617; RC 1919, §§ 2822, 2828; SDC 1939, § 37.1430; SL 1943, ch 137, § 1; SL 1957, ch 193.
S.D. Codified Laws § 21-25A-21 — SD Code / Title 21 / Chapter 25A / Section 21-25A-21
Modification or correction of award--Application--Notice
Status: in_force

On application of a party or, if an application to the court is pending under §§ 21-25A-23 to 21-25A-30 , inclusive, on submission to the arbitrators by the court under such conditions as the court may order, the arbitrators may modify or correct the award upon the grounds stated in subdivisions 21-25A-28(1) and (3), for the purpose of clarifying the award. The application shall be made within twenty days after delivery of the award to the applicant. Written notice thereof shall be given forthwith to the opposing party, stating that he must serve his objections thereto, if any, within ten days from the notice. The award so modified or corrected is subject to the provisions of §§ 21-25A-23 to 21-25A-30 , inclusive.

Source: SL 1971, ch 157, § 9.
S.D. Codified Laws § 21-29-12 — SD Code / Title 21 / Chapter 29 / Section 21-29-12
Elements included in judgment
Status: in_force

If judgment be given for the applicant, he may recover the damages which he has sustained, as found by the jury or as may be determined by the court or referee, upon a reference to be ordered, together with costs; and for such damages and costs execution may issue; and a peremptory mandamus must also be awarded without delay. If judgment shall be for the defendant, costs in his favor shall be taxed as a part thereof.

Source: CCivP 1877, § 705; CL 1887, § 5527; RCCivP 1903, § 774; RC 1919, § 3016; SDC 1939 & Supp 1960, § 37.4510.
S.D. Codified Laws § 21-27-1.1 — SD Code / Title 21 / Chapter 27 / Section 21-27-1.1
Penal institution disciplinary sanctions--Writ not available remedy
Status: in_force

A writ of habeas corpus is not a remedy available to an applicant who is incarcerated or detained under a lawful order, or judgment and sentence to seek relief from sanctions imposed upon an applicant or administrative decisions made with regard to such application arising out of disciplinary or administrative actions of the penal institution where the applicant is being confined.

Source: SL 1983, ch 169, § 2.
S.D. Codified Laws § 21-58-4 — SD Code / Title 21 / Chapter 58 / Section 21-58-4
No limitation on liability for certain actions--Firearm's potential to cause injury not a defective condition
Status: in_force

The provisions of §§ 21-58-1 to 21-58-4 , inclusive, do not apply to actions for deceit, breach of contract, or expressed or implied warranties, or for injuries resulting from failure of firearms to operate in a normal or usual manner due to defects or negligence in design or manufacture. The provisions of §§ 21-58-1 to 21-58-4 , inclusive, do not apply to actions arising from the unlawful sale or transfer of firearms, or to instances where the transferor knew, or should have known, that the recipient would engage in the unlawful sale or transfer of the firearm, or would use, or purposely allow the use of, the firearm in an unlawful, negligent, or improper fashion.

For purposes of this section, the potential of a firearm to cause serious injury, damage, or death as a result of normal function does not constitute a defective condition of the product. A firearm may not be deemed defective on the basis of its potential to cause serious injury, damage, or death when discharged.

Source: SL 1999, ch 116, § 4.
S.D. Codified Laws § 21-29-14 — SD Code / Title 21 / Chapter 29 / Section 21-29-14
Fine for disobedience of peremptory writ--Imprisonment on persistent disobedience
Status: in_force

When a peremptory mandamus has been issued and directed to any inferior tribunal, corporation, board, or person, if it appear to the court that any member of such tribunal, corporation, board, or any person upon whom the writ has been personally served, has, without just excuse, refused or neglected to obey the same, the court may, upon motion, impose a fine not exceeding one thousand dollars. In case of persistence in a refusal of obedience, the court may order the party to be imprisoned until the writ is obeyed, and may make any orders necessary and proper for the complete enforcement of the writ.

Source: CCivP 1877, § 707; CL 1887, § 5529; RCCivP 1903, § 776; RC 1919, § 3018; SDC 1939 & Supp 1960, § 37.4512.
S.D. Codified Laws § 21-25A-35 — SD Code / Title 21 / Chapter 25A / Section 21-25A-35
Appeals from orders, judgments, and decrees
Status: in_force

An appeal may be taken from:

(1) An order denying an application to compel arbitration made under § 21-25A-5 ;

(2) An order granting an application to stay arbitration made under § 21-25A-8 ;

(3) An order confirming or denying confirmation of an award;

(4) An order modifying or correcting an award;

(5) An order vacating an award without directing a rehearing; or

(6) A judgment or decree entered pursuant to the provisions of this chapter.

The appeal shall be taken in the manner and to the same extent as from orders or judgments in a civil action.

Source: SL 1971, ch 157, § 20.
S.D. Codified Laws § 21-10-33 — SD Code / Title 21 / Chapter 10 / Section 21-10-33
Sport shooting range defined
Status: in_force

For the purposes of §§ 21-10-28 to 21-10-34 , inclusive, a sport shooting range is an area designed and operated for the use of rifles, shotguns, or pistols as a means of silhouette, skeet, trap, black powder, or other sport shooting. A sport shooting range includes any shooting range located on public or private land or operated by a private entity or by a public entity, and includes a law enforcement shooting range.

Source: SL 1999, ch 113, § 6; SL 2013, ch 104, § 3, eff. Mar. 21, 2013.
S.D. Codified Laws § 21-3-11 — SD Code / Title 21 / Chapter 3 / Section 21-3-11
Limitation on damages for medical malpractice
Status: in_force

In any action for damages for personal injury or death alleging malpractice against any physician licensed pursuant to chapter 36-4 , chiropractor, optometrist, podiatrist, dentist, dental hygienist, dental assistant, hospital, critical access hospital, registered nurse, licensed practical nurse, certified registered nurse anesthetist, clinical nurse specialist, certified nurse practitioner, certified nurse midwife, or physician's assistant, or against the practitioner's corporate, limited liability partnership, or limited liability company employer based upon the acts or omissions of the practitioner, under the laws of this state, whether taken through the court system or by binding arbitration, the total general damages which may be awarded may not exceed the sum of five hundred thousand dollars. There is no limitation on the amount of special damages which may be awarded. This section applies only to causes of action arising from injuries or death occurring after July 1, 1976. However, in the case of chiropractors, it applies only to the causes of action arising from injuries or death occurring after July 1, 1978. In the case of optometrists, it applies only to causes of action arising from injuries or death occurring after July 1, 2002. In the case of podiatrists, it applies only to causes of action arising from injuries or death occurring after July 1, 2005.

Source: SL 1976, ch 154, §§ 1, 2; SL 1978, ch 154; SL 1985, ch 167; SL 1986, ch 172; SL 1997, ch 123, § 2; SL 2002, ch 99, § 1; SL 2005, ch 119, § 1; SL 2017, ch 171, § 50.
S.D. Codified Laws § 21-45-14 — SD Code / Title 21 / Chapter 45 / Section 21-45-14
Interest allowed on disbursements directed by court
Status: in_force

Whenever, during the progress of the action for partition, any disbursements shall have been made under the direction of the court or the judge thereof, by a party thereto, interest must be allowed thereon from the time of making such disbursements.

Source: CCivP 1877, § 596; CL 1887, § 5410; RCCivP 1903, § 635; RC 1919, § 2845; SDC 1939 & Supp 1960, § 37.1440.
S.D. Codified Laws § 21-17A-30 — SD Code / Title 21 / Chapter 17A / Section 21-17A-30
Death of defendant--Satisfaction of judgment for plaintiff
Status: in_force

If a defendant whose property is attached dies and the judgment is in favor of the plaintiff, the property attached shall be applied to the payment of the judgment and execution may be issued on the judgment and satisfied out of the attached property in the same manner as if the defendant were living.

Source: SL 1983, ch 168, § 30.
S.D. Codified Laws § 21-47-17 — SD Code / Title 21 / Chapter 47 / Section 21-47-17
Foreclosure as complete satisfaction of debt--Exception
Status: in_force

Except as provided by § 21-47-16 , a foreclosure by action of a mortgage upon real estate operates as a complete extinguishment, satisfaction and payment of the debt secured by the mortgage. However, a foreclosure may not be considered to be satisfaction of an assignment of rents agreement under the mortgage.

Source: SL 1939, ch 146, § 2; SDC Supp 1960, § 37.29 11-1 ; SL 1983, ch 172.
S.D. Codified Laws § 21-42-21 — SD Code / Title 21 / Chapter 42 / Section 21-42-21
Employment of additional counsel to assist state's attorney
Status: in_force

In counties where it shall be determined by the board of county commissioners of such county that the state's attorney of such county is unable to handle the work required in the prosecution of the action or actions as herein authorized by reason of the additional work imposed upon him by the adoption of this chapter, then and in such cases, the state's attorney is hereby authorized to contract with additional counsel to prosecute and bring such action or actions herein authorized, which additional counsel shall be by the state's attorney appointed as an assistant state's attorney, the contract with such additional counsel to be approved by the county commissioners, and his compensation paid out of the appropriate fund of said county.

Source: SL 1941, ch 161, § 6; SL 1943, ch 140; SDC Supp 1960, § 37.16A06.
S.D. Codified Laws § 21-22-3 — SD Code / Title 21 / Chapter 22 / Section 21-22-3
Inventory and documents filed by court trustee--Contents
Status: in_force

Within thirty days after entering upon his or her duties, any trustee under a court trust shall, if a resident of this state or if any of the trust estate has its situs in this state, file in the office of the clerk of the circuit court of the county specified in § 21-22-5 an inventory of all the trust estate, a copy of any personal representative's instrument of distribution, a copy of any recorded personal representative's deed of distribution, a duly certified copy of any other court order or clerk's statement establishing or confirming the trust, a true and correct copy of the governing instrument and all amendments and modifications made thereto, if any, on which the trust is based, a statement showing the names, residences and post office addresses of all persons, including conservators or other trustees interested in the trust, so far as known to the trustee, and the ages of such of them as are minors. Such inventory shall show a list and description of all the trust property, an estimate by the trustee of the value of each item, the encumbrances, if any, on each item, and all claims against the trust estate with the amount of each claim and the name and post office address of the claimant. Such inventory and such statement shall be duly verified by the trustee.

Source: SDC 1939 & Supp 1960, § 33.2603; SL 1993, ch 213, § 99; SL 2010, ch 232, § 25; SL 2014, ch 226, § 7.
S.D. Codified Laws § 21-1-13.1 — SD Code / Title 21 / Chapter 1 / Section 21-1-13.1
Interest on damages--Prejudgment interest--Retroactive application
Status: in_force

Any person who is entitled to recover damages, whether in the principal action or by counterclaim, cross claim, or third - party claim, is entitled to recover interest thereon from the day that the loss or damage occurred, except during such time as the debtor is prevented by law, or by act of the creditor, from paying the debt. Prejudgment interest is not recoverable on future damages, punitive damages, or intangible damages such as pain and suffering, emotional distress, loss of consortium, injury to credit, reputation or financial standing, loss of enjoyment of life, or loss of society and companionship. If there is a question of fact as to when the loss or damage occurred, prejudgment interest shall commence on the date specified in the verdict or decision and shall run to, and include, the date of the verdict or, if there is no verdict, the date the judgment is entered. If necessary, special interrogatories shall be submitted to the jury. Prejudgment interest on damages arising from a contract shall be at the contract rate, if so provided in the contract; otherwise, if prejudgment interest is awarded, it shall be at the Category B rate of interest specified in § 54-3-16 . Prejudgment interest on damages arising from inverse condemnation actions shall be at the Category A rate of interest as specified by § 54-3-16 on the day judgment is entered. This section shall apply retroactively to the day the loss or damage occurred in any pending action for inverse condemnation. The court shall compute and award the interest provided in this section and shall include such interest in the judgment in the same manner as it taxes costs.

Source: SL 1990, ch 156, § 1; SL 2003, ch 242, § 2.
S.D. Codified Laws § 21-45-28 — SD Code / Title 21 / Chapter 45 / Section 21-45-28
Sale ordered when partition not practical--Appointment of referees
Status: in_force

If it appear to the satisfaction of the court that the property, or any part of it, is so situated that partition cannot be made without great prejudice to the owners, the court may order a sale thereof, for which purpose it may appoint one or more, but not exceeding three referees, in its discretion.

Source: CCivP 1877, §§ 559, 593; CL 1887, §§ 5373, 5407; RCCivP 1903, §§ 598, 632; RC 1919, §§ 2809, 2843; SDC 1939 & Supp 1960, § 37.1412.
S.D. Codified Laws § 21-36-28 — SD Code / Title 21 / Chapter 36 / Section 21-36-28
Appeal to Supreme Court
Status: in_force

Any party to any action or proceeding under this chapter may appeal from the judgment of the circuit court to the Supreme Court, in the manner provided by law and the rules of court for appeals from the circuit court.

Source: SL 1909, ch 104, § 11; RC 1919, § 3059; SDC 1939 & Supp 1960, § 37.4209.
S.D. Codified Laws § 21-66-4 — SD Code / Title 21 / Chapter 66 / Section 21-66-4
Availability of trust claims material--Supplementation
Status: in_force

The plaintiff shall make available to each party any trust claims material for each asbestos trust claim that has been filed by the plaintiff or by anyone on the plaintiff's behalf against an asbestos trust, including any asbestos-related disease. The plaintiff shall supplement the information and material provided pursuant to this section within ninety days after the plaintiff files an additional asbestos trust claim, supplements an existing asbestos trust claim, or receives additional information or material related to any claim or potential claim against an asbestos trust. Failure by the plaintiff to make available to all parties any trust claims material required under this section constitutes grounds for the court to extend the trial date in an asbestos action.

Source: SL 2017, ch 94, § 4.
S.D. Codified Laws § 21-17A-3 — SD Code / Title 21 / Chapter 17A / Section 21-17A-3
Affidavit required for execution in debt action--Contents
Status: in_force

Before a writ of attachment for a debt may be executed, the plaintiff or someone on his behalf shall make and attach thereto an affidavit, stating that the defendant is indebted to the plaintiff in a sum exceeding fifty dollars, specifying the amount above all setoffs, and that the debt is due upon express or implied contract or upon a judgment, and that the affiant knows or has good reason to believe any of the following:

(1) The defendant is absent from this state, or is concealed here so that summons cannot be served on him;

(2) The defendant has disposed of or concealed or is about to dispose of or conceal his property or some part thereof with intent to defraud his creditors;

(3) The defendant has removed or is about to remove property from this state with intent to defraud his creditors;

(4) The defendant fraudulently incurred the obligation respecting which the action is brought;

(5) The defendant is not a resident of this state;

(6) The defendant is a foreign corporation, or, if domestic, that no officer or agent thereof on whom to serve the summons exists or resides in this state or can be found;

(7) The action is against a defendant as principal on an official bond to recover money due the state or to some political subdivision thereof, or that the action is against the defendant as principal upon a bond or other instrument given as evidence of debt for or to secure the payment of money embezzled or misappropriated by the defendant as an officer of the state or of a political subdivision thereof;

(8) The action is against a defendant to recover purchase money for personal property sold to the defendant, in which case the property shall be specifically described, if one of the conditions under subdivision (1), (5), or (9) of this section and one of the conditions under subdivision (2) or (3) of this section is also alleged;

(9) The defendant is about to remove his residence from the county where he resides with the intention of permanently changing it and fails or neglects on demand to give security for the debt upon which the action is commenced;

(10) The action is against the owner of any motor vehicle for damages alleged to have been caused by the negligence of such owner or his duly authorized agent, the motor vehicle alleged to have been driven, occupied or owned by a negligent driver or owner thereof, at the time of such accident, may be attached, if one of the conditions under subdivision (1) or (5) of this section and one of the conditions under subdivision (2) or (3) of this section is also alleged.

Source: SL 1983, ch 168, § 3.
S.D. Codified Laws § 21-18-31 — SD Code / Title 21 / Chapter 18 / Section 21-18-31
Motion for order on answer of garnishee and defendant--Affidavit
Status: in_force

The plaintiff may in all cases move the court upon the answer of the garnishee and of the defendant, if the defendant shall also answer, for such order as the plaintiff is entitled to thereon. Such order is not a bar beyond the facts stated in such answers. The plaintiff shall attach an affidavit to the motion setting forth:

(1) Amount that is owed on judgment and accrued interest;

(2) Additional costs claimed;

(3) Credit for any payments made;

(4) Net balance due;

(5) Specific request for payment of the garnished amount sufficient to satisfy judgment; and

(6) Any surplus shall be returned to defendant.

Source: SL 1909, ch 156, § 12; RC 1919, § 2464; SDC 1939 & Supp 1960, § 37.2815; SL 2009, ch 110, § 1.
S.D. Codified Laws § 21-18-24 — SD Code / Title 21 / Chapter 18 / Section 21-18-24
Subsequent proceedings against additional or discharged garnishees--Summons and trial in other counties
Status: in_force

The plaintiff may in like manner subsequently proceed within the period limited against other garnishees, or against the same garnishees after they shall have once been discharged, upon a new affidavit, if he shall have reason to believe they have subsequently become liable; and he may summon garnishees resident in other counties than that in which the action is pending; but if an issue for trial shall be joined between the plaintiff and such garnishee, the court may on motion change the place of trial of such issue to the county of the garnishee's residence.

Source: SL 1909, ch 156, § 6; RC 1919, § 2458; SDC 1939 & Supp 1960, § 37.2810.
S.D. Codified Laws § 21-52-18 — SD Code / Title 21 / Chapter 52 / Section 21-52-18
Proof of interest required of successor in interest
Status: in_force

The successor in interest of any person described in § 21-52-17 must serve upon the officer or person from whom he seeks to redeem proof of his interest in such real property.

Source: SL 1949, ch 142, § 8; SDC Supp 1960, § 37.5608 (2).
S.D. Codified Laws § 21-48A-5 — SD Code / Title 21 / Chapter 48A / Section 21-48A-5
Redemption of real property by junior lienholder--Quit claim deed
Status: in_force

A lienholder of record may redeem real property which has been foreclosed by a mortgagee pursuant to this chapter. The redemption shall be made pursuant to § 21-52-14 . Upon payment, the mortgagee shall convey the property by quit claim deed to the redeeming junior lienholder.

Source: SL 1991, ch 185, § 5.
S.D. Codified Laws § 21-17A-13 — SD Code / Title 21 / Chapter 17A / Section 21-17A-13
Property subject to attachment--Personal property
Status: in_force

All the property of the defendant, not exempt from execution, may be attached. Personal property shall be attached as upon an execution and the provisions respecting the levy of an execution thereon are applicable to an attachment.

Source: SL 1983, ch 168, § 13.
S.D. Codified Laws § 21-65-17 — SD Code / Title 21 / Chapter 65 / Section 21-65-17
Delivery of protection order to law enforcement
Status: in_force

The petitioner may deliver an order within twenty-four hours to the local law enforcement agency having jurisdiction over the residence of the vulnerable adult. Each law enforcement agency shall make available to other law enforcement officers information as to the existence and status of any order for protection issued pursuant to this chapter.

Source: SL 2016, ch 120, § 19.
S.D. Codified Laws § 21-19-14 — SD Code / Title 21 / Chapter 19 / Section 21-19-14
Procedure for claim exclusive except as to absolute exemptions
Status: in_force

Except as to absolute exemptions no property shall be exempt unless claimed as exempt as provided in §§ 21-19-9 to 21-19-13 , inclusive.

Source: CCivP 1877, § 326; SL 1885, ch 55, § 1; CL 1887, § 5130; RCCivP 1903, § 355; RC 1919, § 2662; SDC 1939 & Supp 1960, § 37.4903.
S.D. Codified Laws § 21-29-9 — SD Code / Title 21 / Chapter 29 / Section 21-29-9
Objections and proof countervailing answer introduced by applicant at trial
Status: in_force

On the trial the applicant is not precluded by the answer from any valid objection to its sufficiency and may countervail it by proof, either in direct denial or by way of avoidance.

Source: CCivP 1877, § 701; CL 1887, § 5523; RCCivP 1903, § 770; RC 1919, § 3012; Supreme Court Rule 614, 1939; SDC 1939 & Supp 1960, § 37.4507.
S.D. Codified Laws § 21-61-2 — SD Code / Title 21 / Chapter 61 / Section 21-61-2
Prohibition on recovery based on claims of weight gain, obesity, or health condition resulting from long-term consumption of qualified product
Status: in_force

No manufacturer, seller, trade association, livestock producer, or retailer of a qualified product is subject to civil liability for injury or death in any case in which liability is based on the individual's weight gain, obesity, or a health condition related to weight gain or obesity, and the weight gain, obesity, or health condition results from the individual's long - term consumption of a qualified product.

Source: SL 2004, ch 146, § 2.
S.D. Codified Laws § 21-48-9 — SD Code / Title 21 / Chapter 48 / Section 21-48-9
Application by mortgagor or other interested party to require foreclosure by action--Injunction against foreclosure by advertisement--Service on mortgagee
Status: in_force

If the mortgagee or the mortgagee's assignee has commenced foreclosure by advertisement, the mortgagor, the mortgagor's successor in interest, or any other person claiming a lien, encumbrance, or recorded ownership interest in the real property that is the subject of the foreclosure, may require the owner and holder of the mortgage to foreclose by action and for that purpose shall present to the court having jurisdiction thereof an application describing the mortgage and stating the applicant's interest and stating why the mortgage should be foreclosed by action without necessity of stating any reasons, and upon such application the judge of such court shall, by an order to that effect, enjoin the mortgagee or the mortgagee's assignee from foreclosing such mortgage by advertisement, and direct that all further proceedings for the foreclosure be had in the circuit court properly having jurisdiction of the subject matter. For the purpose of carrying out the provisions of this section, service may be made upon the attorney or agent of the mortgagee or assignee.

Source: SL 1883, ch 61, § 1; CL 1887, § 5411; RCCivP 1903, § 636; RC 1919, § 2876; SL 1927, ch 163; SL 1933, ch 135; SDC 1939 & Supp 1960, § 37.3001; SL 1961, ch 199; SL 2002, ch 101, § 2.
S.D. Codified Laws § 21-62-3 — SD Code / Title 21 / Chapter 62 / Section 21-62-3
Actions for mental or emotional injury prohibited
Status: in_force

No civil action may be brought by a prisoner confined in a jail, prison, or other correctional facility for mental or emotional injury suffered in custody that is not caused by a physical injury.

Source: SL 2010, ch 112, § 3.
S.D. Codified Laws § 21-62-5 — SD Code / Title 21 / Chapter 62 / Section 21-62-5
Application of chapter
Status: in_force

The provisions of this chapter do not apply to proceedings pursuant to chapter 21-27 or to any civil action that does not arise from the terms or conditions of a prisoner's confinement.

Source: SL 2010, ch 112, § 5.
S.D. Codified Laws § 21-65-10 — SD Code / Title 21 / Chapter 65 / Section 21-65-10
Persons who may make showing for protection order
Status: in_force

The showing required pursuant to § 21-65-11 may be made by any of the following:

(1) The vulnerable adult;

(2) The guardian, conservator, attorney-in-fact, or guardian ad litem of the vulnerable adult;

(3) A witness to the vulnerable adult abuse; or

(4) An adult protective services worker who has conducted an investigation.

Source: SL 2016, ch 120, § 12; SL 2020, ch 214, § 47.
S.D. Codified Laws § 21-50-4 — SD Code / Title 21 / Chapter 50 / Section 21-50-4
Costs and attorney fee awarded in judgment
Status: in_force

Costs including a reasonable attorney fee to be fixed by the court may be awarded in such actions in the discretion of the court.

Source: SL 1913, ch 138, § 3; RC 1919, § 2916; SDC 1939 & Supp 1960, § 37.3102.
S.D. Codified Laws § 21-47-22 — SD Code / Title 21 / Chapter 47 / Section 21-47-22
Prior certificates validated despite delay in recording--Rights barred by no action
Status: in_force

All certificates of mortgage foreclosure sale of real property by action recorded prior to January 1, 1992, and the records of such certificates, are hereby legalized, cured, and validated, and such certificates and the record thereof are made and declared to be in every manner and respect of like force and effect as though such certificates had been recorded within ten days from the date of sale as required by § 21-48-19 .

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

Source: SDC 1939, § 65.0304; SL 1992, ch 307, § 9.
S.D. Codified Laws § 21-27-10 — SD Code / Title 21 / Chapter 27 / Section 21-27-10
Contempt and forfeiture by sheriff or jailer for failure to return writ and produce applicant--Liability for damages unaffected
Status: in_force

If any officer, sheriff, jailer, keeper, or other person to whom any writ of habeas corpus is directed shall neglect or refuse to make the return, or to bring the body of the applicant according to the command of such writ, he shall be punished as for contempt and shall also forfeit to the prisoner or person aggrieved a sum not exceeding five hundred dollars. Recovery of the penalties provided herein shall be no bar to a civil suit for damages.

Source: CCrimP 1877, §§ 682, 688; CL 1887, §§ 7850, 7856; RCCrimP 1903, §§ 782, 788; RC 1919, §§ 4986, 4990; SDC 1939 & Supp 1960, § 37.5507.
S.D. Codified Laws § 21-36-6 — SD Code / Title 21 / Chapter 36 / Section 21-36-6
State's attorney to assist on request by attorney general
Status: in_force

Whenever requested by the attorney general, the state's attorney of any county shall assist in the investigation, preparation, and trial of any escheat proceedings or appeals involving the same in the circuit or Supreme Court, when property located in his county is involved.

Source: SL 1909, ch 104, § 3; RC 1919, § 3051; SDC 1939 & Supp 1960, § 37.4202.
S.D. Codified Laws § 21-34-5 — SD Code / Title 21 / Chapter 34 / Section 21-34-5
Procedural matters prescribed by court
Status: in_force

In any and all cases under this chapter the court shall have jurisdiction to make such orders fixing the procedure, time, and place of hearing, notice to parties, appearances, requirements of pleading, taking evidence by deposition or otherwise, and other administrative details as to it may appear warranted for the purpose of a full hearing and presentation of the facts and laws involved, in person or by counsel, so that the matter may be fairly and correctly determined.

Source: SDC 1939, § 65.0107.
S.D. Codified Laws § 21-36-2 — SD Code / Title 21 / Chapter 36 / Section 21-36-2
Report by state's attorneys and circuit judges of possible escheats
Status: in_force

It shall be the duty of state's attorneys and circuit judges to report to the Governor or to the attorney general all cases coming to their attention wherein there is reason to believe that any real or personal property has escheated or may escheat to the state, and all cases wherein there is reason to believe that the whole of the estate of a decedent may pass either by succession or by devise to any person or persons other than the surviving spouse, issue, father, mother, brother, or sister of the decedent.

Source: SL 1909, ch 104, § 2; RC 1919, § 3050; SL 1921, ch 228, § 1; SDC 1939 & Supp 1960, § 37.4202.
S.D. Codified Laws § 21-29-3 — SD Code / Title 21 / Chapter 29 / Section 21-29-3
Alternative and peremptory writs--Terms of writ
Status: in_force

The writ of mandamus may be either alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed, and command such party, immediately upon the receipt of the writ, or at some other specified time, to do the act required to be performed, or to show cause before the court, at a specified time and place, why he has not done so. The peremptory writ must be in a similar form, except that the words requiring the party to show cause why he has not done the command, must be omitted, and a return day inserted.

Source: CCivP 1877, § 697; CL 1887, § 5519; RCCivP 1903, § 766; RC 1919, § 3008; Supreme Court Rule 611, 1939; SDC 1939 & Supp 1960, § 37.4503.
S.D. Codified Laws § 21-44-6 — SD Code / Title 21 / Chapter 44 / Section 21-44-6
Life estates in personal property subject to termination--Joinder with proceedings as to real property
Status: in_force

In any proceeding under the provisions of this chapter, or any other statute or rule of court pertaining to the termination of life estates as defined in § 21-44-1 , the right of a life tenant in personal property may be terminated either as the sole purpose of the proceeding or in connection with the termination of an interest in real estate, for which purpose the designation of real property in any such statute or rule of court shall be deemed to include personal property, and reference therein to recording data or recording as applying to real property shall be construed to include filing data or filing as may be applicable to personal property.

Source: Supreme Court Order No. 4, 1957; SDC Supp 1960, § 37.1213 (3).
S.D. Codified Laws § 21-53-3 — SD Code / Title 21 / Chapter 53 / Section 21-53-3
Provisions in judgment for payment and safekeeping of surplus
Status: in_force

The judgment must also provide for the payment of any surplus to the owner of the property, or other person shown to be legally entitled thereto, and for the safekeeping of such surplus, until it is claimed by and paid to the person entitled thereto.

Source: CCivP 1877, § 674; CL 1887, § 5496; RCCivP 1903, § 743; RC 1919, § 2919; SDC 1939 & Supp 1960, § 37.3301.
S.D. Codified Laws § 21-41-1 — SD Code / Title 21 / Chapter 41 / Section 21-41-1
Action authorized--Purposes of action--Persons authorized to maintain action--Parties defendant
Status: in_force

An action may be maintained by any person or persons having or claiming to have an estate or interest in or lien or encumbrance upon any real property, whether in or out of possession thereof and whether such property is vacant or occupied, against any person or persons claiming an estate or interest in or lien or encumbrance upon the same or any part thereof for the purpose of determining such adverse interest, estate, lien, or encumbrance, and against all persons who appear from the records in the office of the register of deeds, the county treasurer, clerk of courts, or other public records in the county where such land lies to have or ever to have had any estate or interest in or lien or encumbrance upon such real property or any part thereof and against personal representatives, heirs at law, devisees, legatees, and creditors of any such person or persons who may be deceased, whether such personal representatives, heirs at law, devisees, legatees, and creditors be known or unknown, and generally against all persons unknown who may have or claim to have any estate or interest in or lien or encumbrance upon such real property or any part thereof for the purpose of quieting the title to such real property and of determining such estate, interest, lien, or encumbrance, and in such action any number of persons may be joined as plaintiffs, whether holding as tenants in common, joint tenants, partners, or in severalty, where the relief demanded in the complaint is common to all of such plaintiffs.

Source: CCivP 1877, § 635; CL 1887, § 5449; RCCivP 1903, § 675; SL 1903, ch 194, § 1; SL 1905, ch 81; SL 1917, ch 199; RC 1919, § 2846; SDC 1939, § 37.1501; SL 1945, ch 162.
S.D. Codified Laws § 21-23-7 — SD Code / Title 21 / Chapter 23 / Section 21-23-7
Order for appraisal of property
Status: in_force

If, in the opinion of the court, it is necessary in order to inform the court fully in the matter or to safeguard the rights of interested parties, the court may order an appraisal of such property to be made and filed before the hearing on the application to sell, and prescribe the time when the same shall be filed.

Source: Supreme Court Order No. 2 (6) adopted October 12, 1944; SDC Supp 1960, § 33.26A06.
S.D. Codified Laws § 21-8-7 — SD Code / Title 21 / Chapter 8 / Section 21-8-7
Notice required before restraining order or preliminary injunction to suspend corporate business
Status: in_force

A temporary restraining order or preliminary injunction to suspend the general and ordinary business of a corporation must not be granted without due notice of the application therefor, to the proper officer of the corporation, except when the state is a party to the proceedings.

Source: CCivP 1877, § 194; CL 1887, § 4990; RCCivP 1903, § 202; RC 1919, § 2429; SDC 1939 & Supp 1960, § 37.4308; SL 1978, ch 155, § 11.
S.D. Codified Laws § 21-10-9 — SD Code / Title 21 / Chapter 10 / Section 21-10-9
Persons entitled to maintain civil action against nuisance--Injunction and damages recoverable
Status: in_force

The remedy by civil action against public nuisance may be maintained by any public body or officer authorized thereto by law or official duty, or by any private person if it is specially injurious to himself. Such remedy also may be used by any person whose property is injuriously affected or whose personal enjoyment is lessened by any nuisance public or private. In all such actions the nuisance may be enjoined, or ordered abated, and damages recovered in addition.

Source: CivC 1877, § 2056; CCivP 1877, § 651; CL 1887, §§ 4690, 5465; RCivC 1903, § 2402; RCCivP 1903, § 692; RC 1919, §§ 2075, 2873; SDC 1939 & Supp 1960, § 37.4707.
S.D. Codified Laws § 21-48-1 — SD Code / Title 21 / Chapter 48 / Section 21-48-1
Foreclosure by advertisement available if mortgage contains power of sale
Status: in_force

Every mortgage of real property containing therein a power of sale, upon default being made in the conditions of said mortgage, may be foreclosed by advertisement.

Source: CCivP 1877, § 597; SL 1883, ch 61, § 1; CL 1887, § 5411; RCCivP 1903, § 636; RC 1919, § 2876; SL 1927, ch 163; SL 1933, ch 135; SDC 1939 & Supp 1960, § 37.3001; SL 1961, ch 199.
S.D. Codified Laws § 21-67-7 — SD Code / Title 21 / Chapter 67 / Section 21-67-7
Statute of limitations
Status: in_force

(a) An action under § 21-67-3 for:

(1) An unauthorized disclosure may not be brought later than six years from the date the disclosure was discovered or should have been discovered with the exercise of reasonable diligence; and

(2) A threat to disclose may not be brought later than six years from the date of the threat to disclose.

(b) This chapter is subject to § 15-2-22 .

Source: SL 2020, ch 77, § 7.
S.D. Codified Laws § 21-45-52 — SD Code / Title 21 / Chapter 45 / Section 21-45-52
Lien holder required to resort to other secured property
Status: in_force

Whenever any party to an action who holds a lien upon the property or any part thereof, has other securities for the payment of the amount of such lien, the court may, in its discretion, order such security to be exhausted before distribution of the proceeds of sale, or may order a just deduction to be made from the amount of the lien on the property on account thereof.

Source: CCivP 1877, § 568; CL 1887, § 5382; RCCivP 1903, § 607; RC 1919, § 2818; SDC 1939 & Supp 1960, § 37.1419.
S.D. Codified Laws § 21-35-2 — SD Code / Title 21 / Chapter 35 / Section 21-35-2
Contents of petition for ascertainment of compensation
Status: in_force

A petition filed pursuant to § 21-35-1 shall name the person, group, or corporation desiring to take or damage private property as plaintiff, and all persons having interest in or liens upon the property affected by the proceeding as defendants, so far as they shall be known at the time of filing the same. It shall contain a description of the property to be taken or damaged. The purpose for which the property is to be taken or damaged shall be clearly set forth in the petition. It shall not be necessary to specify the interests or claims of the several defendants in the land or property affected by the proceeding.

Source: SL 1891, ch 94, § 2; RCCivP 1903, § 864; RC 1919, § 2939; SDC 1939 & Supp 1960, § 37.4001.
S.D. Codified Laws § 21-35-3 — SD Code / Title 21 / Chapter 35 / Section 21-35-3
Amendment of petition and notice
Status: in_force

If any person who is a proper party defendant to a proceeding under this chapter, or any property affected thereby, shall have been omitted from said petition or notice, the plaintiff may file amendments to the same, which amendments from the filing thereof shall have the same effect as though contained in said petition and notice.

Source: SL 1891, ch 94, § 4; RCCivP 1903, § 866; RC 1919, § 2941; Supreme Court Rule 599, 1939; SDC 1939 & Supp 1960, § 37.4004.
S.D. Codified Laws § 21-26-5 — SD Code / Title 21 / Chapter 26 / Section 21-26-5
Presentation of defendant's statement--Notice and hearing
Status: in_force

The defendant's verified statement shall be presented to the court or a judge thereof, and if, after notice and hearing, which may not be waived, it is found sufficient, the court or judge shall render judgment accordingly, whereupon it may be filed in the office of the clerk who shall docket it.

Source: SDC 1939 & Supp 1960, § 37.0303; SL 1990, ch 149, § 8; SL 2019, ch 105, § 2.
S.D. Codified Laws § 21-45-10 — SD Code / Title 21 / Chapter 45 / Section 21-45-10
Validation of prior appearances by personal representatives
Status: in_force

In all partition proceedings including sales conducted before July 1, 1947 in the circuit courts of this state, in which any duly appointed, qualified and acting personal representative shall have appeared as a party plaintiff, or defendant, and the heirs or devisees therein were not named as parties or served with process, the appearance of such personal representative in his official capacity shall be deemed to have been an appearance on behalf of all the heirs or devisees, and where such proceedings including sales shall have been duly confirmed, the same is hereby legalized, cured and validated and the authority of such personal representative to appear as a party plaintiff or defendant on behalf of the heirs or devisees is hereby confirmed.

Source: SL 1947, ch 166; SDC Supp 1960, § 65.0322.
S.D. Codified Laws § 21-14-5 — SD Code / Title 21 / Chapter 14 / Section 21-14-5
Compensation for improvements to real property made by defendant claiming in good faith
Status: in_force

In an action for the recovery of real property, upon which permanent improvements have been made by a defendant or intervener, or those under whom he claims, holding under color of title adversely to claim of plaintiff, or another defendant or intervener, in good faith, the value of such improvements must be allowed as a counterclaim by such defendant or intervener.

Source: CCivP 1877, § 641; CL 1887, § 5455; RCCivP 1903, § 681; RC 1919, § 2857; SDC 1939, § 37.1516; SL 1949, ch 140, § 1.
S.D. Codified Laws § 21-58-3 — SD Code / Title 21 / Chapter 58 / Section 21-58-3
Associations of licensed firearms importers, manufacturers, or dealers not liable for injury caused by firearms
Status: in_force

No association of persons who hold licenses under Section 923 of Chapter 44 of Title 18, United States Code, as in effect on January 1, 1999, is liable to any person or entity, or to the estate, successors, or survivors of either, for any injury suffered, including wrongful death and property damage, because of the use of a firearm sold or manufactured by any licensee who is a member of such association.

Source: SL 1999, ch 116, § 3.
S.D. Codified Laws § 21-14-2 — SD Code / Title 21 / Chapter 14 / Section 21-14-2
Order to permit entry for surveys in action involving real property--Liability for unnecessary injury to property
Status: in_force

The court in which an action is pending for the recovery of real property or for damages for an injury thereto, or a judge thereof, may, on motion, upon notice by either party, for good cause shown, grant an order allowing to such party the right to enter upon the property, and make survey and measurement thereof, and of any tunnels, shafts, or drifts thereon, for the purpose of the action, even though entry for such purpose has to be made through other lands belonging to parties to the action. The order must describe the property and a copy thereof must be served on the owner or occupant; and thereupon such party may enter upon the property, with necessary surveyors and assistants, and make such survey and measurements; but if any unnecessary injury be done to the property he is liable therefor.

Source: CCivP 1877, §§ 645, 646; CL 1887, §§ 5459, 5460; RCCivP 1903, §§ 685, 686; RC 1919, §§ 2861, 2862; SDC 1939 & Supp 1960, § 37.1520.
S.D. Codified Laws § 21-31-5 — SD Code / Title 21 / Chapter 31 / Section 21-31-5
Omission of stay of proceedings discretionary with court
Status: in_force

If a stay of proceedings be not intended, the words requiring the stay must be omitted from the writ of certiorari; these words may be inserted or omitted, in the sound discretion of the court, but if omitted, the power of the inferior court or officer is not suspended or the proceedings stayed.

Source: CCivP 1877, § 689; CL 1887, § 5511; RCCivP 1903, § 758; RC 1919, § 3000; Supreme Court Rule 559, 1939; SDC 1939 & Supp 1960, § 37.0405.
S.D. Codified Laws § 21-25A-4 — SD Code / Title 21 / Chapter 25A / Section 21-25A-4
Circuit court jurisdiction of proceedings
Status: in_force

The term, court, means a circuit court of this state. The making of an agreement described in § 21-25A-1 providing for arbitration in this state confers jurisdiction on the court to enforce the agreement under this chapter and to enter judgment on an award thereunder.

Source: SL 1971, ch 157, § 18.
S.D. Codified Laws § 21-10-32 — SD Code / Title 21 / Chapter 10 / Section 21-10-32
Regulation of sport shooting ranges not prohibited
Status: in_force

Sections 21-10-28 to 21-10-34 , inclusive, do not prohibit a local government from regulating the location and construction of sport shooting ranges after July 1, 1999.

Source: SL 1999, ch 113, § 5.