S.D. Codified Laws § 15-16-30 — SD Code / Title 15 / Chapter 16 / Section 15-16-30
Assignment of federal court judgment--Docket entry
Status: in_force

Such judgments and decrees of the district court of the United States, filed and docketed pursuant to § 15-16-28 , may be assigned of record by filing a copy thereof together with the assignment duly authenticated, or a transcript thereof containing the facts needed for a docket entry and the fact of assignment, date thereof, and name of assignee, duly authenticated, and the clerk shall note the facts of assignment on the docket.

Source: SDC 1939 & Supp 1960, § 33.1715.
S.D. Codified Laws § 15-2-14.6 — SD Code / Title 15 / Chapter 2 / Section 15-2-14.6
Time for bringing action against real estate licensees, agents, and employees--Prospective application
Status: in_force

No action may be brought against a licensed real estate broker, broker associate, or salesperson, or any agent or employee thereof, for malpractice, error, mistake, or omission, whether based upon contract or tort, unless it is commenced within three years of the occurrence of the alleged malpractice, error, mistake, or omission. This section is prospective in application.

Source: SL 2004, ch 140, § 1.
S.D. Codified Laws § 15-18-25 — SD Code / Title 15 / Chapter 18 / Section 15-18-25
Receipt, entry and indexing of notices filed with register of deeds
Status: in_force

The register of deeds shall receive and file all notices under §§ 15-18-23 and 15-18-24 , numbering the same consecutively, keep the same in his office in regular and orderly files, and shall make entry thereof in the book kept for the registry of personal property instruments in the order in which they are received, which entry shall contain in separate columns the names of the defendants alphabetically arranged, the names of the plaintiffs, the number endorsed upon the notice, the amount claimed by the plaintiff and the time of filing.

Source: SDC 1939 & Supp 1960, § 33.1913 (2).
S.D. Codified Laws § 15-6-28 — SD Code / Title 15 / Chapter 6 / Section 15-6-28
(a).Taking depositions within the United States
Status: in_force

Within the United States or within a territory or insular possession subject to the jurisdiction of the United States, depositions shall be taken before an officer authorized to administer oaths by the laws of this state, the United States or of the place where the examination is held, or before a person appointed by the court in which the action is pending. A person so appointed has power to administer oaths and take testimony. The term officer as used in §§ 15-6-30 , 15-6-31 , and 15-6-32 includes a person appointed by the court or designated by the parties under § 15-6-29 .

Source: SDC 1939, §§ 36.0510, 36.0530; SL 1959, ch 237; SD RCP, Rule 28(a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 86-3.In a foreign country, depositions may be taken:

(1) Pursuant to any applicable treaty or convention;

(2) Pursuant to a letter of request (whether or not captioned a letter rogatory);

(3) On notice before a person authorized to administer oaths in the place in which the examination is held, either by the law thereof or by the law of the United States; or

(4) Before a person commissioned by the court, and a person so commissioned shall have the power by virtue of the commission to administer any necessary oath and take testimony.

A commission or a letter of request shall be issued on application and notice and on terms that are just and appropriate. It is not requisite to the issuance of a commission or a letter of request that the taking of the deposition in any other manner is impracticable or inconvenient; and both a commission and a letter of request may be issued in proper cases. A notice or commission may designate the person before whom the deposition is to be taken either by name or descriptive title. A letter of request may be addressed "To the Appropriate Authority in (here name the country)." When a letter of request or any other device is used pursuant to any applicable treaty or convention, it shall be captioned in the form prescribed by that treaty or convention. Evidence obtained in response to a letter of request need not be excluded merely for the reason that it is not a verbatim transcript or that the testimony was not taken under oath or for any similar departure from the requirements for depositions taken within the United States under this chapter.

Source: SDC 1939 & Supp 1960, § 36.0510; SD RCP, Rule 28 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 2006, ch 293 (Supreme Court Rule 06-19), eff. July 1, 2006.No deposition shall be taken before a person who is a relative or employee or attorney or counsel of any of the parties, or is a relative or employee of such attorney or counsel, or is financially interested in the action.

An employee, as described above, includes a person who has a contractual relationship with a person or entity interested in the outcome of the litigation, including anyone who may ultimately be responsible for payment to provide reporting or other court services, and a person who is employed part-time or full-time under contract or otherwise by a person who has a contractual relationship with a party to provide reporting or other court services.

The officer taking the deposition, or any other person with whom such officer has a principal and agency relationship, shall not enter into an agreement for reporting service which does any of the following:

(1) Requires or allows the court reporter reporting the deposition to relinquish control of an original deposition transcript and copies of the transcript before it is certified and delivered to the custodial attorney as required in § 15-6-30(f)(1);

(2) Requires the court reporter to provide special financial terms or other services that are not offered at the same time and on the same terms to all other parties in the litigation, or in any way offers any incentives or rewards to the attorneys, parties to the litigation, or to anyone else who has an interest in the litigation;

(3) Gives an exclusive monetary or other advantage to any party;

(4) Compromises the authenticity of the record or the impartiality of the court reporter, or that may result in the appearance that the authenticity of the record or the impartiality of the court reporter has been compromised;

(5) Allows a person, other than the court reporter or firm, to establish the rates charged by the court reporter or firm;

(6) Includes the court reporter, entity or firm providing or arranging for court reporting services on any list of preferred providers of court reporting services that is maintained by any person, entity or firm that has entered into an oral or written contractual agreement for more than one case with any attorney, party to an action, insurance company, third-party administrator, or any other person or entity that has a financial interest in the case;

(7) Requires the noticing attorney to utilize a specified court reporter, entity or firm, or requires the noticing attorney to act in a manner that may lead to violation of any provision; or

(8) Restricts said attorney from reimbursement for such court reporting services.

Contracts for court reporting services for federal, state, or local governments and subdivisions thereof are excluded. Negotiating or bidding reasonable fees, equal to all parties, by the attorneys or the parties, with the court reporter of their choice, on a case-by-case basis is not prohibited.

These provisions may not be waived by disclosure, agreement, stipulation, or by any other means unless a request for waiver is contained in the notice of deposition.

Any deposition taken in violation of these provisions shall be considered void.

Source: SDC 1939 & Supp 1960, § 36.0510; SD RCP, Rule 28 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 2000, ch 256 (Supreme Court Rule 00-2); SL 2014, ch 262 (Supreme Court Rule 14-03), eff. July 1, 2014.
S.D. Codified Laws § 15-6-27 — SD Code / Title 15 / Chapter 6 / Section 15-6-27
(b).Depositions pending appeal
Status: in_force

If an appeal has been taken from a judgment of a trial court of record or before the taking of an appeal if the time therefor has not expired, the court in which the judgment was rendered may allow the taking of the depositions of witnesses to perpetuate their testimony for use in the event of further proceedings in the said court. In such case the party who desires to perpetuate the testimony may make a motion in such court for leave to take the depositions, upon the same notice and service thereof as if the action was pending therein. The motion shall show:

(1) The names and addresses of the persons to be examined and the substance of the testimony which the party expects to elicit from each;

(2) The reasons for perpetuating their testimony.

If the court finds that the perpetuation of the testimony is proper to avoid a failure or delay of justice, it may make an order allowing the depositions to be taken and may make orders of the character provided for by §§ 15-6-34 and 15-6-35 , and thereupon the depositions may be taken and used in the same manner and under the same conditions as are prescribed in this chapter for depositions taken in pending actions.

Source: SDC 1939 & Supp 1960, § 36.0528; SD RCP, Rule 27 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 2006, ch 292 (Supreme Court Rule 06-18), eff. July 1, 2006.(1) Petition. A person who desires to perpetuate the person's own testimony or that of another person regarding any matter that may be cognizable in any court of this state may file a verified petition in the circuit court in any county which would be the proper place of trial of such matter. The petition shall be entitled in the name of the petitioner and shall show:

(A) That the petitioner expects to be a party to an action cognizable in a court of this state but is presently unable to bring it or cause it to be brought;

(B) The subject matter of the expected action and the petitioner's interest therein;

(C) The facts which the petitioner desires to establish by the proposed testimony and the petitioner's reasons for desiring to perpetuate it;

(D) The names or a description of the persons the petitioner expects will be adverse parties and their addresses so far as known; and

(E) The names and addresses of the persons to be examined and the substance of the testimony which the petitioner expects to elicit from each;

(2) Notice and Service. The petitioner shall thereafter serve a notice upon each person named in the petition as an expected adverse party, together with a copy of the petition, stating that the petitioner will apply to the court, at a time and place named therein, for the order described in the petition. At least twenty days before the date of hearing the notice shall be served either within or without the state in the manner provided in § 15-6-4(d) for service of summons, but if such service cannot with due diligence be made upon any expected adverse party named in the petition, the court may make such order as is just for service by publication or otherwise and shall appoint, for persons not served in the manner provided in § 15-6-4(d), an attorney who shall represent them, and in case they are not otherwise represented, shall cross-examine the deponent. If any expected adverse party is a minor or incompetent the provisions of § 15-6-17(c) apply.

(3) Order and Examination. If the court is satisfied that the perpetuation of the testimony may prevent a failure or delay of justice, it shall make an order designating or describing the persons whose depositions may be taken and specifying the subject matter of the examination and whether the depositions shall be taken upon oral examination or written interrogatories. The depositions may then be taken in accordance with this chapter; and the court may make orders of the character provided for by §§ 15-6-34 and 15-6-35 . For the purpose of applying this chapter to depositions for perpetuating testimony, each reference therein to the court in which the action is pending shall be deemed to refer to the court in which the petition for such deposition was filed.

(4) Use of Deposition. If a deposition to perpetuate testimony is taken under this chapter or if, although not so taken, it would be admissible in evidence in the courts of the state in which it is taken, or the courts of the United States, it may be used in any action involving the same subject matter subsequently brought in a court of this state, in accordance with the provisions of § 15-6-32(a).

Source: SDC 1939 & Supp 1960, §§ 36.0524 to 36.0527; SD RCP, Rule 27 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 76-3, § 3; SL 2006, ch 291 (Supreme Court Rule 06-17), eff. July 1, 2006.Section 15-6-27 does not limit the power of a court to entertain an action to perpetuate testimony.

Source: SDC 1939 & Supp 1960, § 36.0529; SD RCP, Rule 27 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
S.D. Codified Laws § 15-39-57 — SD Code / Title 15 / Chapter 39 / Section 15-39-57
Claim of trial by court or jury by defendant--Affidavit--Special rule in designated judicial circuit governing removal to the regular civil docket of the court--Entry fee and undertaking
Status: in_force

No party may appeal any decision entered under this procedure. In lieu thereof, defendant may, five days prior to the date upon which the defendant is notified to appear or answer, file in the court in which the action is pending, a petition to remove the action to the regular civil docket of the circuit court or magistrate court and state therein whether the defendant intends to proceed with a trial by jury or a trial to the court. Failure to make the request within the time provided shall be deemed an acceptance by the defendant to the jurisdiction of small claims court. The petition shall be supported by an affidavit that makes a showing that there are good reasons why the formal civil trial process is justified and the defendant has a meritorious defense. The sum of thirty - five dollars for entry of the action for trial in the circuit or magistrate court, as the case may be, must accompany the petition and affidavit. The defendant must also deposit the sum of two hundred fifty dollars to secure the plaintiff for costs and/or damages which the court may determine the plaintiff is reasonably entitled to receive.

Source: SDC 1939 & Supp 1960, § 33.4102; SDCL, § 15-39-17; SL 1977, ch 173, § 3; Supreme Court Rule 81-4; SL 1991, ch 168; Supreme Court Rule 97-14; SL 2000, ch 259 (Supreme Court Rule 00-5).
S.D. Codified Laws § 15-14-8 — SD Code / Title 15 / Chapter 14 / Section 15-14-8
Challenges when several parties on one side
Status: in_force

Either party may challenge the jurors, but where there are several parties on either side they must join in a challenge before it can be made, except when the parties on the same side have conflicting interests they must each be allowed to examine and challenge separately, and must each be allowed the number of peremptory challenges provided by law.

Source: SDC 1939 & Supp 1960, § 33.1310.
S.D. Codified Laws § 15-18-29 — SD Code / Title 15 / Chapter 18 / Section 15-18-29
Additional levies if amount produced on sale insufficient
Status: in_force

If the property taken under a levy does not on a sale thereof produce a sum sufficient to satisfy such execution, the officer must proceed to make an additional levy on which he shall proceed as on other executions.

Source: SDC 1939 & Supp 1960, § 33.1914.
S.D. Codified Laws § 15-19-25 — SD Code / Title 15 / Chapter 19 / Section 15-19-25
Contents, execution, and recording of sheriff's deed
Status: in_force

A sheriff's deed must recite the execution or executions, or the substance thereof, and the names of the parties, the amount and date of rendition of the judgment by virtue whereof such real property was sold, and must be executed, acknowledged, or proved, and recorded as other conveyances of real property.

Source: SDC 1939 & Supp 1960, § 33.2203.
S.D. Codified Laws § 15-39-50 — SD Code / Title 15 / Chapter 39 / Section 15-39-50
Determination of sufficiency of plaintiff's statement
Status: in_force

The clerk shall serve in a supervisory role to determine whether or not plaintiff has met the criteria of sufficiency and clarity.

If the clerk deems the statement of a cause of action insufficient, the court at the request of the plaintiff or the clerk shall decide whether such cause of action shall be received.

Source: SDC 1939 & Supp 1960, § 33.4108; SDCL, § 15-39-10; Supreme Court Rule 81-4.
S.D. Codified Laws § 15-3-12 — SD Code / Title 15 / Chapter 3 / Section 15-3-12
Actual occupation required for adverse possession under claim other than written instrument or judgment
Status: in_force

Where it shall appear that there has been an actual continued occupation of premises under a claim of title exclusive of any other right, but not founded upon a written instrument, or a judgment, or decree, the premises so actually occupied, and no other, shall be deemed to have been held adversely.

Source: SDC 1939 & Supp 1960, § 33.0223.
S.D. Codified Laws § 15-1-3 — SD Code / Title 15 / Chapter 1 / Section 15-1-3
Time during which action is pending
Status: in_force

An action is deemed to be pending from the time of its commencement until its final determination upon appeal, or until the time for appeal has passed, unless the judgment be sooner satisfied.

Source: SDC 1939 & Supp 1960, § 33.0104.
S.D. Codified Laws § 15-6-39 — SD Code / Title 15 / Chapter 6 / Section 15-6-39
(b).Trial by the court
Status: in_force

Issues not demanded for trial by jury as provided in § 15-6-38 shall be tried by the court; but, notwithstanding the failure of a party to demand a jury in an action in which such a demand might have been made of right, the court in its discretion upon motion may order a trial by a jury of any or all issues.

Source: SD RCP, Rule 39 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.In all actions not triable of right by a jury the court upon motion or of its own initiative may try any issue with an advisory jury, or the court, with the consent of both parties, may order a trial with a jury whose verdict has the same effect as if trial by jury had been a matter of right.

Source: SDC 1939 & Supp 1960, § 33.1302; SD RCP, Rule 39 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.When trial by jury has been demanded as provided in § 15-6-38 , the action shall be designated upon the docket as a jury action. The trial of all issues so demanded shall be by jury, unless:

(1) The parties or their attorneys of record, by written stipulation filed with the court or by an oral stipulation made in open court and entered in the record, consent to trial by the court sitting without a jury, or a party waives the same by failing to appear at the trial or by proceeding to trial by the court without objecting thereto; or

(2) The court upon motion or of its own initiative finds that a right of trial by jury of some or all of those issues does not exist under the Constitution or statutes of this state.

Source: SDC 1939 & Supp 1960, §§ 33.1304, 33.1402; SD RCP, Rule 39 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
S.D. Codified Laws § 15-18-36 — SD Code / Title 15 / Chapter 18 / Section 15-18-36
Receivables subject to sale or appropriation--Assignment and delivery by officer
Status: in_force

Judgments, bank bills, and other things in action may be sold at public sale, or appropriated as provided by § 15-18-35 , and assignment and delivery thereof by the officer shall have the same effect as if made by the defendant.

Source: SDC 1939 & Supp 1960, § 33.1917.
S.D. Codified Laws § 15-6-72.1 — SD Code / Title 15 / Chapter 6 / Section 15-6-72.1
Local intergovernmental actions--Expedited action--Alternative dispute resolution
Status: in_force

In order to facilitate the quick and efficient resolution of disputes, whenever two or more local governmental bodies are engaged in a legal dispute, on motion of any party or on its own, the court may order the parties to proceed:

(1) Under the expedited civil action process set out in §§ 15-6-73 to 15-6-76.1 , inclusive, regardless of any amount in controversy; or

(2) To alternative dispute resolution, other than binding arbitration, on such terms as the court may order.

Source: SL 2021, ch 85, § 1.
S.D. Codified Laws § 15-6-28.2 — SD Code / Title 15 / Chapter 6 / Section 15-6-28.2
Definitions
Status: in_force

In §§ 15-6-28.1 to 15-6-28.6 , inclusive:

(1) "Foreign jurisdiction" means a state other than this state.

(2) "Foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdiction.

(3) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.

(4) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.

(5) "Subpoena" means a document, however denominated, issued under authority of a court of record requiring a person to:

(a) Attend and give testimony at a deposition;

(b) Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or

(c) Permit inspection of premises under the control of the person.

Source: SL 2012, ch 256 (Supreme Court Rule 12-02), eff. July 1, 2012.
S.D. Codified Laws § 15-12-31 — SD Code / Title 15 / Chapter 12 / Section 15-12-31
Copies of affidavit served on adverse parties--Liability for failure to serve
Status: in_force

On the same day that an affidavit for change of judge or magistrate is filed, the party by whom or on whose behalf it is so filed, or his attorney, shall serve a copy of such affidavit, either personally or by mailing, upon all adverse parties, or their attorneys of record. The failure to make such service shall not in any manner destroy the effect of such affidavit so filed, but the party on whose behalf it is filed shall reimburse the other parties to the action and their witnesses for expense incurred by reason of such failure, the amount thereof and the terms under which the same shall be paid to be fixed and imposed by the court upon hearing.

Source: Supreme Court Order No. 4, 1955; SDC Supp 1960, § 33.1208; SDCL, § 15-12-10; Supreme Court Rule No. 3, 1972; Supreme Court Rule No. 75-5, § 12.
S.D. Codified Laws § 15-18-35 — SD Code / Title 15 / Chapter 18 / Section 15-18-35
Money and receivables appropriated to judgment without sale
Status: in_force

Money levied upon may be appropriated without being advertised or sold. The same may be done with bank bills, drafts, promissory notes, judgments, or other papers of like character, if the plaintiff will receive them at their full market value as cash, or if the officer can exchange them for cash at that value.

Source: SDC 1939 & Supp 1960, § 33.1916.
S.D. Codified Laws § 15-18-41 — SD Code / Title 15 / Chapter 18 / Section 15-18-41
Time of return of execution--Extension where levy made
Status: in_force

The execution must be returned within sixty days after its receipt by the officer, and filed in the office of the court or its clerk. If within said sixty days the officer shall have levied under said execution, the time for return is extended for sixty days from the date of such levy and, if an additional or several levies be made, it is extended for a period of sixty days after the date of the last levy.

Source: SDC 1939 & Supp 1960, § 33.1922.
S.D. Codified Laws § 15-38-28 — SD Code / Title 15 / Chapter 38 / Section 15-38-28
(Rule 3(b)) Waiver of bond and filing fee
Status: in_force

The bond described in § 15-38-27 shall be deemed waived if appellant shall file with the clerk the written consent of each appellee, and the filing fee and bond may be waived by the filing of an affidavit of indigency.

Source: Supreme Court Rule 78-4, Rule 3 (b).
S.D. Codified Laws § 15-10-9 — SD Code / Title 15 / Chapter 10 / Section 15-10-9
Expungement of notice of pendency--Effect
Status: in_force

When a certified copy of an order expunging a notice of pendency of an action is filed for record in the office of the register of deeds in which the notice of the pendency was recorded, neither the notice of the pendency of the action nor any information derived therefrom, prior to the recording of the order, constitutes constructive or actual notice of any of the matters contained therein, or of any of the matters relating to such action, or creates any duty of inquiry in any person dealing with the property described therein.

Source: SL 1980, ch 162, § 5.
S.D. Codified Laws § 15-15-4 — SD Code / Title 15 / Chapter 15 / Section 15-15-4
Sale or destruction of exhibits if not collected when judgment final--Retention of necessary copies--Fee
Status: in_force

Whenever the decision or judgment of the court has become final, the clerk of courts shall give notice to the attorneys or parties of record by electronic or first-class mail that the exhibits in the possession of the clerk, if not collected within thirty days, shall upon order of the court be destroyed or sold at sale under chapter 15-19 . However, upon proper application to the court, the exhibit may be preserved as a part of the permanent record in the files. If an exhibit is a necessary part of the judgment or consists of a written instrument establishing the liability of a party against whom judgment has been rendered, a copy of it shall be made and retained by the clerk and the original canceled by endorsement across its face before being returned to the person entitled thereto as determined by the court. Unless the person entitled thereto as determined by the court shall furnish a true copy of such exhibit, he shall pay the fee of the clerk for making such copy.

Source: SDC 1939 & Supp 1960, § 33.1602; SL 1977, ch 171; SL 1979, ch 148; Supreme Court Rule 82-21; SL 1990, ch 149, § 9; SL 2020, ch 250 (Supreme Court Rule 20-02), eff. Feb. 24, 2020.
S.D. Codified Laws § 15-6-84 — SD Code / Title 15 / Chapter 6 / Section 15-6-84
Forms
Status: in_force

The forms contained in the Appendix of Forms are sufficient under this chapter and are intended to indicate the simplicity and brevity of statement which this chapter contemplates.

Source: SD RCP, Rule 84, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
S.D. Codified Laws § 15-18-22 — SD Code / Title 15 / Chapter 18 / Section 15-18-22
Levy on real property--Recording of notice
Status: in_force

A levy under a writ, warrant, or execution upon real property, must be made by the officer filing with the register of deeds of the county in which the property is situated, a notice of the levy subscribed by him, stating the names of the parties to the action, the amount of the plaintiff's claim as stated in the execution, and a description of the property levied upon, which notice must be recorded and indexed by the register of deeds in like manner and in the same book as a notice of the pendency of an action.

Source: SDC 1939 & Supp 1960, § 33.1913 (1); SL 1973, ch 126, § 6.
S.D. Codified Laws § 15-24-10 — SD Code / Title 15 / Chapter 24 / Section 15-24-10
Media Coordinator
Status: in_force

The media coordinator and an alternate shall be appointed by the court from a list of nominees provided by a representative of the news media designated by the court. The media coordinator and the alternate shall serve until such time as the court names a replacement. The name, business address, e - mail address, and telephone number of the media coordinator and the alternate shall be on file with the clerk. The court and all interested members of the media shall work, whenever possible, with and through the media coordinator regarding all arrangements for expanded media coverage.

Source: Supreme Court Rule 01-08.
S.D. Codified Laws § 15-17-44 — SD Code / Title 15 / Chapter 17 / Section 15-17-44
Taxation of disbursements--Discretion of court
Status: in_force

If there is no specific statutory authorization allowed for taxation of disbursements in a civil action or special proceeding, taxation of disbursements may be allowed in the discretion of the court.

Source: SL 1992, ch 148, § 9.
S.D. Codified Laws § 15-3-3 — SD Code / Title 15 / Chapter 3 / Section 15-3-3
Limitation of actions based on entry on real estate
Status: in_force

No entry upon real estate shall be deemed sufficient or valid as a claim unless an action be commenced thereupon within one year after the making of such entry, and within twenty years from the time when the right to make such entry descended or accrued.

Source: SDC 1939 & Supp 1960, § 33.0219.
S.D. Codified Laws § 15-18-5 — SD Code / Title 15 / Chapter 18 / Section 15-18-5
Signature, attestation, and sealing of writ of execution--Officer defined
Status: in_force

The writ of execution shall be issued in the name of the State of South Dakota, attested in the name of the judge or the presiding judge, if there is one, sealed with the seal of the court, and subscribed by the clerk, and directed to an officer qualified to execute it. If issued from the court of a magistrate, it shall be signed by the magistrate or clerk and no seal is required. For purposes of this chapter, the term "officer" means sheriff, constable, or referee appointed by the court either in the judgment or by motion after notice following judgment.

Source: SDC 1939 & Supp 1960, § 33.1904; SL 1974, ch 153, § 13; SL 1985, ch 162; SL 1986, ch 165.
S.D. Codified Laws § 15-2A-10 — SD Code / Title 15 / Chapter 2A / Section 15-2A-10
Prospective application
Status: in_force

This chapter is prospective in application.

Source: SL 1985, ch 156, § 11.
S.D. Codified Laws § 15-24A-11 — SD Code / Title 15 / Chapter 24A / Section 15-24A-11
Short title
Status: in_force

This chapter may be cited as the Uniform Certification of Questions of Law Rule.

Source: Supreme Court Rule 85-7, § 10.
S.D. Codified Laws § 15-6-28.6 — SD Code / Title 15 / Chapter 6 / Section 15-6-28.6
Application to court
Status: in_force

An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under §§ 15-6-28.1 to 15-6-28.6 , inclusive, must comply with the rules or laws of South Dakota and be submitted to the court in the county in which discovery is to be conducted.

Source: SL 2012, ch 256 (Supreme Court Rule 12-02), eff. July 1, 2012.
S.D. Codified Laws § 15-30-4 — SD Code / Title 15 / Chapter 30 / Section 15-30-4
Time for petition for rehearing--Contents, form, and filing of petition
Status: in_force

A petition for the rehearing of a cause heard on appeal to the Supreme Court may be served and filed within twenty days after the date of filing of the formal opinion or the order of summary disposition. Any party may serve and file answer thereto within ten days after service of the petition. The petition shall state briefly the ground upon which a rehearing is asked and the points supposed to have been overlooked or misapprehended by the court, with proper reference to the particular portion of the printed record and to the authorities relied upon. The petition and answer may be typewritten.

Source: SDC 1939 & Supp 1960, § 33.0751; SL 1991, ch 429 (Supreme Court Rule 90-06); SL 2023, ch 231 (Supreme Court Rule 23-14), eff. Apr. 1, 2023.
S.D. Codified Laws § 15-5-14 — SD Code / Title 15 / Chapter 5 / Section 15-5-14
Change of venue in postjudgment divorce, paternity, or separate maintenance actions
Status: in_force

The court may change the venue of trial or hearing in postjudgment divorce, paternity, or separate maintenance actions if:

(1) The parties no longer reside in the county where the action was decided; or

(2) The parties agree; or

(3) Convenience of witnesses or the ends of justice would be promoted by the change.

Source: SL 1998, ch 111, § 1.
S.D. Codified Laws § 15-14-9 — SD Code / Title 15 / Chapter 14 / Section 15-14-9
Trial of jury challenges for cause--Witnesses
Status: in_force

Challenges for cause must be tried by the court. The juror challenged and any other person may be examined as a witness on the trial of the challenge.

Source: SDC 1939, § 33.1311; SL 1951, ch 185.
S.D. Codified Laws § 15-26A-1 — SD Code / Title 15 / Chapter 26A / Section 15-26A-1
Scope of rules
Status: in_force

This chapter shall govern procedure in civil appeals to the Supreme Court of South Dakota.

Source: Supreme Court Rule 79-1, Rule 1.
S.D. Codified Laws § 15-2A-3 — SD Code / Title 15 / Chapter 2A / Section 15-2A-3
Time for bringing action--Date of substantial completion
Status: in_force

No action to recover damages for any injury to real or personal property, for personal injury or death arising out of any deficiency in the design, planning, supervision, inspection, and observation of construction, or construction, of an improvement to real property, nor any action for contribution or indemnity for damages sustained on account of such injury or death, may be brought against any person performing or furnishing the design, planning, supervision, inspection, and observation of construction, or construction, of such an improvement more than ten years after substantial completion of such construction. The date of substantial completion shall be determined by the date when construction is sufficiently completed so that the owner or his representative can occupy or use the improvement for the use it was intended.

Source: SL 1985, ch 156, § 3.
S.D. Codified Laws § 15-14-21 — SD Code / Title 15 / Chapter 14 / Section 15-14-21
Communications to and from jury during deliberations
Status: in_force

Unless by order of the court the officer having the jury under his charge must not suffer any communication to be made to them, or make any himself, except to ask them if they have agreed upon a verdict; or to make such communications necessary for their food and maintenance while in his charge; and he must not before their verdict is rendered communicate to any person the state of their deliberations, or the verdict agreed upon.

Source: SDC 1939 & Supp 1960, § 33.1324.
S.D. Codified Laws § 15-2-31 — SD Code / Title 15 / Chapter 2 / Section 15-2-31
Attempted commencement of action by delivery of summons to sheriff--Publication or service following attempt
Status: in_force

An attempt to commence an action is deemed equivalent to the commencement thereof when the summons is delivered, with the intent that it shall be actually served, to the sheriff or other officer of the county in which the defendants or one of them, usually or last resided; or if a corporation be defendant, to the sheriff or other officer of the county in which such corporation was established by law, or where its general business was transacted, or where it kept an office for the transaction of business. Such an attempt must be followed by the first publication of the summons, or the service thereof, within sixty days.

Source: SDC 1939 & Supp 1960, § 33.0202.
S.D. Codified Laws § 15-5-2 — SD Code / Title 15 / Chapter 5 / Section 15-5-2
Venue where cause of action arose
Status: in_force

Actions for the following causes, or upon the following instruments, must be tried in the county where the cause, or some part thereof, arose, or the forfeiture was declared, subject to the power of the court to change the place of trial:

(1) For the recovery of a penalty or forfeiture imposed by statute, except that when it is imposed for an offense committed on a lake or river, or other stream of water situated in two or more counties, the action may be brought in any county bordering on such lake, river, or stream, and opposite to the place where the offense was committed;

(2) Against a public officer, or person specially appointed to execute his duties, for an act done by him in virtue of his office, or against a person, who, by his command or his aid, shall do anything touching the duties of such officer;

(3) Upon a forfeited recognizance, bond, or undertaking of bail.

Source: SDC 1939 & Supp 1960, § 33.0303.
S.D. Codified Laws § 15-8-13 — SD Code / Title 15 / Chapter 8 / Section 15-8-13
Discharge of liability or payment of excess required for judgment for contribution to joint tort-feasor
Status: in_force

A joint tort - feasor is not entitled to a money judgment for contribution until he has by payment discharged the common liability or has paid more than his pro rata share thereof.

Source: SL 1945, ch 167, § 2; SDC Supp 1960, § 33.04A03 (2).
S.D. Codified Laws § 15-5A-2 — SD Code / Title 15 / Chapter 5A / Section 15-5A-2
Traffic offense proceedings
Status: in_force

At the discretion of the court, all traffic offense proceedings may be conducted by interactive audiovisual device.

Source: SL 2007, ch 301 (Supreme Court Rule 06-69), eff. Jan. 1, 2007.
S.D. Codified Laws § 15-39-53 — SD Code / Title 15 / Chapter 39 / Section 15-39-53
Court rules may provide for modified procedure
Status: in_force

The procedure shall include notice by registered or certified mail, return receipt, in addition to all other forms of legal service, and shall further include provisions for early hearing of actions thus begun. The provisions may include the modification of any or all of existing rules of pleading and practice and a stay of the entry of judgment or of the issue of execution.

Source: SDC 1939 & Supp 1960, § 33.4101; SDCL, § 15-39-11; Supreme Court Rule 81-4.
S.D. Codified Laws § 15-2A-2 — SD Code / Title 15 / Chapter 2A / Section 15-2A-2
Legislative intent
Status: in_force

The Legislature intends that this chapter shall bar any action for defects, unsafe conditions, errors, and omissions in the planning, designing, and construction of improvements to real estate after the times limited in this chapter, subject to the exceptions described in this chapter and that this chapter does not deprive any person of any rights or remedies such person may have, or adjust the standard of care after ten years after substantial completion, against persons other than those enumerated in this chapter for damages to property or injury to persons resulting from defective or unsafe conditions of improvement to real estate.

Source: SL 1985, ch 156, § 2.
S.D. Codified Laws § 15-14-4 — SD Code / Title 15 / Chapter 14 / Section 15-14-4
Procedure for challenging jury panel
Status: in_force

The procedure for challenging a panel of jurors in civil actions or proceedings shall be the same as provided by statute for such challenges in criminal proceedings.

Source: SDC 1939 & Supp 1960, § 33.1309.
S.D. Codified Laws § 15-7-5 — SD Code / Title 15 / Chapter 7 / Section 15-7-5
Severability of general jurisdiction provisions
Status: in_force

If any provisions of §§ 15-7-1 to 15-7-4 , inclusive, or the application thereof to any person or circumstances are held invalid, such invalidity shall not affect other provisions or applications of said sections which can be given effect without the invalid provision or application, and to this end, the provisions of said sections are declared to be severable.

Source: SL 1965, ch 163, § 5.
S.D. Codified Laws § 15-17-42 — SD Code / Title 15 / Chapter 17 / Section 15-17-42
Application of chapter
Status: in_force

This chapter applies to any civil action or special proceeding in which the State of South Dakota or any of its divisions, departments or political subdivisions is a party including counties, municipalities, school districts, townships, and other governmental entities.

Source: SL 1992, ch 148, § 7.
S.D. Codified Laws § 15-6-82 — SD Code / Title 15 / Chapter 6 / Section 15-6-82
Jurisdiction and venue
Status: in_force

This chapter shall not be construed to extend or limit the jurisdiction of the circuit courts of South Dakota or the venue of actions therein.

Source: SD RCP, Rule 82, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
S.D. Codified Laws § 15-18-8.1 — SD Code / Title 15 / Chapter 18 / Section 15-18-8.1
Execution upon bank asset
Status: in_force

Judgments, liens, or attachments shall not be executed upon any asset of a bank until the time for appeal has expired.

Source: SL 1988, ch 377, § 78A.
S.D. Codified Laws § 15-17-54 — SD Code / Title 15 / Chapter 17 / Section 15-17-54
New trial--Taxation of disbursements
Status: in_force

If a new trial is granted, the prevailing party may tax his disbursements as if he would have prevailed at the trial.

Source: SL 1992, ch 148, § 19.
S.D. Codified Laws § 15-10-4 — SD Code / Title 15 / Chapter 10 / Section 15-10-4
Discharge of notice of pendency of action--Contents, acknowledgment and recording
Status: in_force

Whenever notice of the pendency of any action has been filed or recorded in the office of the register of deeds in any county, the party plaintiff or defendant filing the same or at whose instance the same was filed, or his attorney or attorneys, in whose name or names the notice is subscribed, may discharge the same of record by filing with the register of deeds in whose office the notice is filed, a certificate of the discharge of said notice, executed and acknowledged by the same persons as above provided for certificates of discharge thereof. Such certificates of discharge, when filed with the register of deeds shall be acknowledged in the same form as is provided by law for the acknowledgment of conveyances of real estate and may be recorded in like manner.

Source: SDC 1939 & Supp 1960, § 33.0805.
S.D. Codified Laws § 15-8-3 — SD Code / Title 15 / Chapter 8 / Section 15-8-3
Enforcement of unsatisfied judgment against partner not named in original action--Restriction to one satisfaction
Status: in_force

If the name of one or more partners shall, for any cause, have been omitted in any action in which judgment shall have been taken against the defendants named in the summons and such omission shall not have been pleaded in such action, the plaintiff, in case the judgment therein shall remain unsatisfied, may by action recover of such partner separately upon proving his joint liability, notwithstanding he may not have been named in the original action; but the plaintiff shall have satisfaction of only one judgment rendered for the same cause of action.

Source: SDC 1939 & Supp 1960, § 33.0818 (4).
S.D. Codified Laws § 15-6-57 — SD Code / Title 15 / Chapter 6 / Section 15-6-57
Declaratory judgments
Status: in_force

The procedure for obtaining a declaratory judgment pursuant to chapter 21-24 , shall be in accordance with this chapter, and the right to trial by jury may be demanded under the circumstances and in the manner provided in §§ 15-6-38 and 15-6-39 . The existence of another adequate remedy does not preclude a judgment for declaratory relief in cases where it is appropriate. The court may order a speedy hearing of an action for a declaratory judgment and may advance it on the calendar.

Source: SD RCP, Rule 57, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
S.D. Codified Laws § 15-18-6 — SD Code / Title 15 / Chapter 18 / Section 15-18-6
Reference in writ to judgment and record information
Status: in_force

The writ of execution shall intelligently refer to the judgment, stating the court, the county where the judgment or transcript is filed, the names of the parties, the amount of the judgment, if it be for money, and the amount actually due thereon, and the time of docketing in the county to which the execution is issued.

Source: SDC 1939 & Supp 1960, § 33.1904; SL 1990, ch 149, § 11.
S.D. Codified Laws § 15-15A-12 — SD Code / Title 15 / Chapter 15A / Section 15-15A-12
Access to compiled information from court records
Status: in_force

(1) Compiled information is defined as information that is derived from the selection, aggregation or reformulation by the Supreme Court of some of the information from more than one individual court record.

(2) Any member of the public may request compiled information that consists solely of information that is publicly accessible and that is not already available in an existing report. The Supreme Court may compile and provide the information if it determines, in its discretion, that providing the information meets criteria established by the Court, that the resources are available to compile the information and that it is an appropriate use of public resources. The State Court Administrator's Office will make the initial determination as to whether to provide the compiled information.

(a) Compiled information that includes information to which public access has been restricted may be requested by any member of the public only for scholarly, journalistic, political, governmental, research, evaluation, or statistical purposes.

(b) The request shall a) identify what information is sought; b) describe the purpose for requesting the information and explain how the information will benefit the public interest or public education, and c) explain provisions for the secure protection of any information requested to which public access is restricted or prohibited.

(c) The Supreme Court may grant the request and compile the information if it determines that doing so meets criteria established by the Court, is consistent with the purposes of the access rules, that the resources are available to compile the information, and that it is an appropriate use of public resources.

(d) If the request is granted, the Supreme Court may require the requestor to sign a declaration that:

(i) The data will not be sold or otherwise distributed directly or indirectly, to third parties, except for journalistic purposes;

(ii) The information will not be used directly or indirectly to sell a product or service to an individual or the general public, except for journalistic purposes; and

(iii) There will be no copying or duplication of information or data provided other than for the stated scholarly, journalistic, political, governmental, research, evaluation, or statistical purpose.

The Supreme Court may make such additional orders as may be needed to protect information to which access has been restricted or prohibited.

Source: SL 2004, ch 333 (Supreme Court Rule 04-06), eff. July 1, 2004; SDCL § 15-15A-9 ; SL 2005, ch 291 (Supreme Court Rule 05-05), eff. Feb. 25, 2005.
S.D. Codified Laws § 15-26A-63.1 — SD Code / Title 15 / Chapter 26A / Section 15-26A-63.1
References in briefs to children
Status: in_force

Pursuant to § 26-7A-112 , initials shall appear on appeal record documents in the place of the child and the child's parents, guardian, or custodian who are parties to the action when an intermediate appeal or appeal is taken from a judgment, decree, or order under the provisions of chapters 26-7A , 26-8A , 26-8B , and 26-8C .

Source: SL 1993, ch 393 (Supreme Court Rule 93-10).
S.D. Codified Laws § 15-20-5 — SD Code / Title 15 / Chapter 20 / Section 15-20-5
Arrest to prevent absconding by judgment debtor--Undertaking required--Commitment in default of undertaking
Status: in_force

Instead of the order requiring the attendance of the judgment debtor the judge may, upon proof by affidavit or otherwise to his satisfaction that there is danger of the debtor leaving the state or concealing himself and that there is reason to believe he has property which he unjustly refuses to apply to such judgment, issue a warrant requiring the sheriff of any county where such debtor may be to arrest him and bring him before such judge. Upon being brought before the judge he may be examined on oath and if it then appears that there is danger of the debtor leaving the state and that he has property which he unjustly refuses to apply to such judgment, he may be ordered to enter into an undertaking with one or more sureties that he will from time to time attend before the judge as he shall direct and that he will not, during the pendency of the proceeding dispose of any portion of his property not exempt from execution. In default of entering into such undertaking he may be committed to prison by warrant of the judge as for contempt.

Source: SDC 1939 & Supp 1960, § 33.2401.
S.D. Codified Laws § 15-20-7 — SD Code / Title 15 / Chapter 20 / Section 15-20-7
Attendance of witnesses required--Examination certified by referee
Status: in_force

Witnesses may be required to appear and testify on any proceeding under this chapter, in the same manner as upon the trial of any issue. The party or witness may be required to attend before the judge or a referee appointed by the court or judge. If the examination is taken before a referee, it shall be certified by such referee to the judge.

Source: SDC 1939 & Supp 1960, §§ 33.2401, 33.2402.
S.D. Codified Laws § 15-26A-6.01 — SD Code / Title 15 / Chapter 26A / Section 15-26A-6.01
Transitional provision--Time for taking appeal
Status: in_force

For any judgment or order for which signing, attestation, filing and the provision of notice of entry thereof is completed before July 1, 2006, the time for taking an appeal under § 15-26A-6 shall be sixty days. For any judgment or order for which signing, attestation, filing and the provision of notice of entry thereof is completed on or after July 1, 2006, the time for taking an appeal under § 15-26A-6 shall be thirty days.

Source: SL 2006, ch 334 (Supreme Court Rule 06-60), eff. July 1, 2006.
S.D. Codified Laws § 15-15-7 — SD Code / Title 15 / Chapter 15 / Section 15-15-7
Fee for transcript--Exception for indigents
Status: in_force

Unless ordered by the court to be supplied to an indigent or an indigent's counsel and paid out of the county treasury where court was held, a fee shall be charged to the person ordering a typewritten transcript by filing of an order for transcript on appeal of a proceeding taken by an officer of the court, which shall be certified to be a correct transcript of the reporter's notes of the evidence.

Source: SDC 1939, §§ 32.0503, 32.0504; SL 1957, ch 173; SDCL, §§ 16-7-12, 16-7-13; SL 1970, ch 136, §§ 1, 2; SL 1974, ch 152, § 1; SL 1976, ch 148; SL 1980, ch 164; SL 1984, ch 146; SL 1986, ch 27, § 5; SL 1988, ch 177; SL 2003, ch 116, § 1; SL 2022, ch 52, § 1, eff. Jan. 1, 2023.
S.D. Codified Laws § 15-19-12 — SD Code / Title 15 / Chapter 19 / Section 15-19-12
Place of sale of real property where no courthouse in county
Status: in_force

In any case where there is no courthouse in the county where a judicial sale of real estate is to be made, the same may be made at the door of the building in which the circuit court was last held. If there has been no circuit court held in such county, and there is no courthouse therein, then the officer making the sale shall designate some public place for the same.

Source: SDC 1939 & Supp 1960, § 33.2007.
S.D. Codified Laws § 15-26A-38 — SD Code / Title 15 / Chapter 26A / Section 15-26A-38
Stay of execution without bond by public agency or officer
Status: in_force

When the state, any state board or officer, any county, township, municipal corporation, school district, or its officers, in a purely official capacity, shall take an appeal, service and filing of the notice of appeal shall perfect the appeal and stay the execution or performance of the judgment or order appealed from and no undertaking or bond need be given, but the Supreme Court may, on motion, require security to be given in such form and manner as it shall in its discretion prescribe as a condition of the further prosecution of the appeal.

Source: SDC 1939 & Supp 1960, § 33.0722; SDCL, § 15-27-10; Supreme Court Rule 79-1, Rule 8 (8); SDCL Supp, § 15-26A-27 .
S.D. Codified Laws § 15-16-11 — SD Code / Title 15 / Chapter 16 / Section 15-16-11
Assignment of judgment--Docket entry
Status: in_force

Every clerk of courts, upon the presentation to the clerk of an assignment of any judgment rendered or docketed in the office of the clerk of courts, signed by the party in whose favor the judgment is rendered, the party's personal representative, successor in interest, or the duly appointed agent for the specific purpose thereof and acknowledged in the manner prescribed by law for the acknowledgment of deeds, shall immediately note the fact of such assignment, the date thereof, and the name of the assignee upon the docket of such judgment.

Source: SDC 1939 & Supp 1960, § 33.1718; SL 1990, ch 149, § 4; SL 2011, ch 105, § 1.
S.D. Codified Laws § 15-7-8 — SD Code / Title 15 / Chapter 7 / Section 15-7-8
Continuance of action to permit defense by motorist served through secretary of state
Status: in_force

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

Source: SDC 1939, § 33.0809; SL 1957, ch 178; SL 1963, ch 226.
S.D. Codified Laws § 15-2-12.2 — SD Code / Title 15 / Chapter 2 / Section 15-2-12.2
Product liability actions--Prospective application
Status: in_force

An action against a manufacturer, lessor, or seller of a product, regardless of the substantive legal theory upon which the action is brought, for or on account of personal injury, death, or property damage caused by or resulting from the manufacture, construction, design, formula, installation, inspection, preparation, assembly, testing, packaging, labeling, or sale of any product or failure to warn or protect against a danger or hazard in the use, misuse, or unintended use of any product, or the failure to provide proper instructions for the use of any product may be commenced only within three years of the date when the personal injury, death, or property damage occurred, became known or should have become known to the injured party.

This section is prospective in application.

Source: SL 1985, ch 157, § 1.
S.D. Codified Laws § 15-26A-89 — SD Code / Title 15 / Chapter 26A / Section 15-26A-89
When member of court absent
Status: in_force

Whenever any member of the court is not present at the oral argument of a case, such case shall be deemed submitted to such member of the court on the record, briefs, and recorded arguments. When during the consideration of a case there is a change in the personnel of the court, the case shall be deemed submitted to the members of the court sitting on the case when the case was placed on the court's calendar.

Source: Source: Supreme Court Rule 79-1, Rule 15 (7); SDCL Supp, § 15-26A-66 .; SL 2011, ch 230 (Supreme Court Rule 10-06), eff. Aug. 30, 2010.
S.D. Codified Laws § 15-6-33 — SD Code / Title 15 / Chapter 6 / Section 15-6-33
(a).Availability--Procedures for use
Status: in_force

Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party. Interrogatories may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party.

Each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to, in which event the objecting party shall state the reasons for the objection and shall answer to the extent the interrogatory is not objectionable. The answers are to be signed by the person making them, and the objections signed by the attorney making them. The party upon whom the interrogatories have been served shall serve a copy of the answers, and objections, if any, within thirty days after the service of the interrogatories, except that a defendant may serve answers or objections within forty-five days after service of the summons and complaint upon that defendant. A shorter or longer time may be directed by the court or, in the absence of such order, agreed to in writing by the parties. All grounds for an objection to an interrogatory shall be stated with specificity. Any ground not stated in a timely objection is waived unless the party's failure to object is excused by the court for good cause shown. The party submitting the interrogatories may move for an order under § 15-6-37(a) with respect to any objection to or other failure to answer an interrogatory. A party answering interrogatories must set out the interrogatory immediately preceding the answer thereto.

Source: SDC 1939 & Supp 1960, § 36.0531; SD RCP, Rule 33, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SDCL, § 15-6-33 ; Supreme Court Rule 76-3, § 7; SL 2006, ch 304 (Supreme Court Rule 06-30), eff. July 1, 2006.Interrogatories may relate to any matters which can be inquired into under § 15-6-26(b), and the answers may be used to the extent permitted by the rules of evidence.

An interrogatory otherwise proper is not necessarily objectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or the application of law to fact, but the court may order that such interrogatory need not be answered until after designated discovery has been completed or until a pretrial conference or other later time.

Source: SDC 1939 & Supp 1960, § 36.0531; SD RCP, Rule 33, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SDCL, § 15-6-33 ; Supreme Court Rule 76-3, § 7.Where the answer to an interrogatory may be derived or ascertained from the business records of the party upon whom the interrogatory has been served or from an examination, audit, or inspection of such business records, including a compilation, abstract, or summary thereof, and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served, it is a sufficient answer to such interrogatory to specify the records from which the answer may be derived or ascertained and to afford to the party serving the interrogatory reasonable opportunity to examine, audit, or inspect such records and to make copies, compilations, abstracts, or summaries. A specification shall be in sufficient detail to permit the interrogating party to locate and to identify, as readily as can the party served, the records from which the answer may be ascertained.

Source: SDCL, § 15-6-33 as added by Supreme Court Rule 76-3, § 7; Supreme Court Rule 86-8.
S.D. Codified Laws § 15-11-6 — SD Code / Title 15 / Chapter 11 / Section 15-11-6
Time for application for continuance--Written motion and affidavit required--Hearing
Status: in_force

All applications for continuance must be made, by motion, not less than ten calendar days prior to the day set for commencement of the trial, unless the cause for continuance shall have arisen or come to the knowledge of the party subsequent to that time, in which case the motion shall be made as soon as practicable. All such motions shall be in writing and accompanied by affidavits in support of the motion, which affidavits shall set forth with particularity the grounds and cause for such motion as well as the efforts of the party or the party's attorney to avoid such delay. Upon receipt of such a motion, the court shall schedule a hearing, which may be by telephone conference, and shall decide the motion without delay in order to avoid trial delay awaiting such decision. The adverse party may be heard by affidavits or by argument presented, filed, and served at the time of the hearing.

Source: SDC 1939 & Supp 1960, § 33.1116; Supreme Court Rule 80-15; Supreme Court Rule 85-6.
S.D. Codified Laws § 15-9-17 — SD Code / Title 15 / Chapter 9 / Section 15-9-17
Newspaper in which service by publication made--Number of publications
Status: in_force

In all actions affecting real property the order for service by publication of summons must direct the publication to be made in a newspaper printed in the county where the premises or some part thereof are situated, if a paper be published therein, and if none, then in the paper published in this state nearest to the county seat of such county. Except in actions affecting real property, the order must direct the publication to be made in some newspaper in the county where the action is pending to be designated as most likely to give notice to the person to be served and for such length of time as may be deemed reasonable, not less than once a week for four successive weeks.

Source: SDC 1939, § 33.0813; SL 1947, ch 154.
S.D. Codified Laws § 15-18-32 — SD Code / Title 15 / Chapter 18 / Section 15-18-32
Abandonment of execution--Discharge of levies--Subsequent executions
Status: in_force

The party for whom the execution was issued or the party's attorney of record, or otherwise authorized, may abandon proceedings under any execution at any time by filing with the court from which issued a written statement of such abandonment, or by causing the writ to be returned and filed with an endorsement to the effect that it had been so abandoned, and by paying the costs of such execution and proceedings thereunder, including any actual out-of-pocket expenses and reasonable costs incurred by the sheriff, and by discharging of record any notice of levy which has been filed in any recording or registry office, and by releasing any property seized thereunder. All proceedings, notices, levies, and liens taken pursuant to such execution shall be deemed abandoned, discharged, and released upon the filing of such statement or endorsement. The abandonment of an execution as herein permitted shall be without prejudice to the issue of subsequent executions.

Source: SDC 1939 & Supp 1960, § 33.1910; SL 2007, ch 129, § 1.
S.D. Codified Laws § 15-18-40 — SD Code / Title 15 / Chapter 18 / Section 15-18-40
Surplus deposited in court--Notice to debtor
Status: in_force

If there be any surplus, and the officer has no other executions against the debtor, the officer shall forthwith deposit it in the court from which the execution issued and notify the execution debtor by registered or certified mail at his last known post office address of such deposit, and make report thereof in his return of the execution.

Source: SDC 1939 & Supp 1960, § 33.1920.
S.D. Codified Laws § 15-3-14 — SD Code / Title 15 / Chapter 3 / Section 15-3-14
Tolling of statute during disability--Time for commencement of action after removal of disability
Status: in_force

If a person entitled to commence any action for the recovery of real property, or to make an entry or defense founded on the title to real property, or to rents or service out of the same, be, at the time such title shall first descend or accrue, either:

(1) Within the age of twenty - one years;

(2) Mentally ill; or

(3) Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense for a term less than for life;

Source: SDC 1939 & Supp 1960, § 33.0227.
S.D. Codified Laws § 15-9-11 — SD Code / Title 15 / Chapter 9 / Section 15-9-11
Service by publication on domestic corporation without known place of business or agent
Status: in_force

The court or a judge thereof may grant an order pursuant to § 15-9-7 where the defendant is a private corporation created by the laws of this state or of the territory of Dakota, which has no known office or place of business in this state and no known officer or agent resident in this state.

Source: SDC 1939 & Supp 1960, § 33.0812 (7).
S.D. Codified Laws § 15-9-14 — SD Code / Title 15 / Chapter 9 / Section 15-9-14
Service by publication on nonresident with property in jurisdiction of court
Status: in_force

The court or a judge thereof may grant an order pursuant to § 15-9-7 where the defendant is not a resident of this state but has property therein, and the court has jurisdiction of the subject of the action; and where by attachment, garnishment, or other process the plaintiff has brought such property under jurisdiction of the court.

Source: SDC 1939 & Supp 1960, § 33.0812 (3).
S.D. Codified Laws § 15-38-40 — SD Code / Title 15 / Chapter 38 / Section 15-38-40
(Rule 7(c)) Trial de novo when verbatim record not available
Status: in_force

When an appeal is taken to the circuit court from a judgment rendered in a magistrate court and no verbatim record of the proceedings is available, the circuit court shall direct that the case be tried de novo.

Source: Supreme Court Rule 78-4, Rule 7 (c).
S.D. Codified Laws § 15-30-10 — SD Code / Title 15 / Chapter 30 / Section 15-30-10
Costs on petition for rehearing
Status: in_force

In the event that a petition for rehearing of the appeal be filed, the final determination of the costs and return of the same to the trial court in the remittitur shall conform to the decision on the petition for rehearing, and such additional costs as may accrue from the petition for rehearing, if granted, shall be determined likewise and taxed by the clerk or by the order of the court, if objections be made to the determination of the clerk.

Source: SDC 1939 & Supp 1960, § 33.0753.
S.D. Codified Laws § 15-2-16 — SD Code / Title 15 / Chapter 2 / Section 15-2-16
Limitation of actions for recovery of municipal funds unlawfully expended
Status: in_force

Any action to recover into the treasury of any municipality within this state funds illegally expended by any governing body or public official thereof, must, notwithstanding any other law or statute of limitation, be commenced within two years from the date of publication of the minutes recording the approval of the voucher in payment thereof or within such period of time after actual payment is made therefor, whichever of the two events occurs the later; but, this limitation for commencement of civil action shall not apply where there is fraud or deceit on the part of such governing body or official.

Source: SL 1957, ch 259; SDC Supp 1960, § 33.0238.
S.D. Codified Laws § 15-16-17 — SD Code / Title 15 / Chapter 16 / Section 15-16-17
Release of specific property from judgment lien--Docket entries
Status: in_force

Upon the filing of any duly acknowledged release signed by the owner of the judgment as shown by the docket entry thereof, his successor in interest, or attorney of record, releasing any specific item or items of real or personal property from the lien and effect of such judgment, the clerk shall note the same on the docket entry of the judgment and such property shall thereupon be released from the lien and effect of the judgment accordingly without prejudice to the lien and effect of the judgment otherwise.

Source: SDC 1939 & Supp 1960, § 33.1719 (4).
S.D. Codified Laws § 15-5-9 — SD Code / Title 15 / Chapter 5 / Section 15-5-9
Dismissal of action where party added to control venue
Status: in_force

Whenever the plaintiff in any action adds to the real party defendant the name of any other party for the purpose of controlling the venue, the court shall upon motion of the proper party defendant dismiss the action.

Source: SDC 1939 & Supp 1960, § 33.0304.
S.D. Codified Laws § 15-38-34 — SD Code / Title 15 / Chapter 38 / Section 15-38-34
(Rule 5(c)) Cost of transcript
Status: in_force

The cost of the preparation of the transcript shall be paid by the appellant upon the filing of the same.

Source: Supreme Court Rule 78-4, Rule 5 (c).
S.D. Codified Laws § 15-40-7 — SD Code / Title 15 / Chapter 40 / Section 15-40-7
Hearing on expedited relief
Status: in_force

The court shall hear a motion under § 15-40-3 no later than sixty days after the filing of the motion, unless the court orders a later hearing:

(1) To allow limited discovery under § 15-40-4 ; or

(2) For other good cause.

If the court orders a later hearing under subdivision (1), the court must hear the motion under § 15-40-3 no later than sixty days after the court order allowing limited discovery, unless the court orders a later hearing under subsection (2), in which case the hearing must be held in an expedited manner.

Source: SL 2026, ch 91, § 7.
S.D. Codified Laws § 15-40-10 — SD Code / Title 15 / Chapter 40 / Section 15-40-10
Timeframe for ruling
Status: in_force

The court shall rule on a motion under § 15-40-3 no later than sixty days after a hearing under § 15-40-7 .

Source: SL 2026, ch 91, § 10.
S.D. Codified Laws § 15-38-26 — SD Code / Title 15 / Chapter 38 / Section 15-38-26
(Rule 2(d)) Notice of appeal transmitted to magistrate
Status: in_force

Upon compliance with § 15-38-25 the clerk of the circuit court shall immediately transmit a certified copy of the notice of appeal to the magistrate whose order or judgment has been appealed.

Source: Supreme Court Rule 78-4, Rule 2 (d).
S.D. Codified Laws § 15-38-24 — SD Code / Title 15 / Chapter 38 / Section 15-38-24
(Rule 2(b)) Service of notice of appeal on parties
Status: in_force

The appellant, or his counsel, shall service the notice of appeal on counsel of record of each party other than appellant, or, if the party is not represented by counsel, on the party at his last known address.

Source: Supreme Court Rule 78-4, Rule 2 (b).
S.D. Codified Laws § 15-39-76.2 — SD Code / Title 15 / Chapter 39 / Section 15-39-76.2
Cancellation of judgment or transcript--Notice by prevailing party or attorney
Status: in_force

Any judgment or transcript of a judgment rendered or docketed in small claims court shall be cancelled and discharged by the clerk of courts upon written notice by either the party in whose favor the judgment was obtained or that party's attorney.

Source: SL 1988, ch 179.
S.D. Codified Laws § 15-3-13 — SD Code / Title 15 / Chapter 3 / Section 15-3-13
Acts constituting adverse possession under claim other than written instrument or judgment
Status: in_force

For the purpose of constituting an adverse possession by a person claiming title not founded upon a written instrument, or judgment, or decree, land shall be deemed to have been possessed and occupied in the following cases only:

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

(2) Where it has been usually cultivated or improved.

Source: SDC 1939 & Supp 1960, § 33.0224.
S.D. Codified Laws § 15-26A-74 — SD Code / Title 15 / Chapter 26A / Section 15-26A-74
Brief and argument of amicus curiae
Status: in_force

A brief of an amicus curiae may be filed only at the request of the court or by leave of the court granted upon motion and notice to the parties. A motion for leave shall identify the interest of the applicant and shall state the reasons why a brief of an amicus curiae is desirable. An amicus curiae shall file its brief within the time allowed the party whose position as to affirmance or reversal the amicus brief will support unless the court for cause shown shall grant leave for later filing, in which event it shall specify within what period an opposing party may answer. An amicus curiae brief shall not exceed the page limitation set in § 15-26A-66 .

Amici curiae counsel will not be entitled to participate in oral argument unless counsel for either party agrees to share his time and the court allows the appearance of amici curiae counsel.

Source: Supreme Court Rule 79-1, Rule 13; SDCL Supp, § 15-26A-54 ; SL 1993, ch 396 (Supreme Court Rule 93-13).
S.D. Codified Laws § 15-38-37 — SD Code / Title 15 / Chapter 38 / Section 15-38-37
(Rule 6(b)) Times for service and filing of briefs
Status: in_force

Unless the times are shortened by the circuit court, the appellant shall serve and file his brief within thirty days after the filing of the transcript or within thirty days after notice of appeal where there is no transcript. The appellee shall serve and file his brief within thirty days after service of appellant's brief; and appellant may serve and file a reply brief within ten days after service of appellee's brief.

Source: Supreme Court Rule 78-4, Rule 6 (b).
S.D. Codified Laws § 15-26A-24 — SD Code / Title 15 / Chapter 26A / Section 15-26A-24
Waiver of bond or deposit--Affidavit of indigency
Status: in_force

The bond for costs, or deposit of money in lieu thereof, shall be deemed waived if appellant shall file with the clerk of the circuit court, within the time provided by § 15-26A-6 , the written consent of each appellee, or an affidavit of indigency. The verity of such affidavit may be contested in the same manner as provided in § 15-26A-35 for exception to personal surety.

Source: Supreme Court Rule 79-1, Rule 7 (2); SDCL Supp, § 15-26A-12 .
S.D. Codified Laws § 15-20-10 — SD Code / Title 15 / Chapter 20 / Section 15-20-10
Witness fees and disbursements allowed
Status: in_force

The judge may allow to the judgment creditor or any party so examined whether a party to the action or not witness fees and disbursements.

Source: SDC 1939 & Supp 1960, § 33.2402.
S.D. Codified Laws § 15-26A-76 — SD Code / Title 15 / Chapter 26A / Section 15-26A-76
Extension of time for serving and filing briefs
Status: in_force

The parties may allow to each other by stipulation, one extension of time not exceeding fifteen days for serving and filing the appellant's and appellee's initial brief, provided such stipulation is made and presented to the clerk of the Supreme Court before the time for filing such brief as provided in § 15-26A-75 has expired. Thereafter, no other extension of time fixed by these rules for filing briefs will be allowed, except upon application and notice. The application shall be made to the Chief Justice of the Supreme Court and shall be allowed only for good cause.

An extension of time for filing a brief in an adoption or an abuse and neglect action will be granted only upon application and notice, said application to be made to the Chief Justice of the Supreme Court and allowed only for good cause.

Source: Supreme Court Rule 79-1, Rule 14 (2); SDCL Supp, § 15-26A-56 ; Supreme Court Rule 97-12; SL 2007, ch 308 (Supreme Court Rule 06-76), eff. Jan. 1, 2007.
S.D. Codified Laws § 15-18-4 — SD Code / Title 15 / Chapter 18 / Section 15-18-4
Directions in writ to enforce judgment requiring sale of property--Issue to referee, sheriff or constable
Status: in_force

When a judgment requires the sale of property described therein, the same may be enforced by a writ reciting such judgment, or the material parts thereof, and directing the proper officer to execute the judgment by making the sale and applying the funds in conformity with its mandate. Such a judgment may direct that execution issue to a referee appointed by the court and named in the judgment, or to the sheriff or constable of the county in which the property described therein, or some part of it, is located. The sheriff, constable, or referee, hereinafter referred to as an officer, must execute a certificate of sale to the purchaser as provided in chapter 15-19 .

Source: SDC 1939 & Supp 1960, § 33.1903; SL 1973, ch 126, § 2.
S.D. Codified Laws § 15-16-18 — SD Code / Title 15 / Chapter 16 / Section 15-16-18
Docket entries on court order discharging or canceling judgment
Status: in_force

Upon the filing of any order of the court in which a judgment was rendered, or of any other court which has acquired jurisdiction so to do, directing satisfaction, discharge, or cancellation of the judgment in whole or in part, the clerk shall note such order on the docket entry of the judgment and the same shall be satisfied, discharged, or canceled accordingly, subject to any appeal which may be available or pending from such order.

Source: SDC 1939 & Supp 1960, § 33.1719 (5).
S.D. Codified Laws § 15-3-16 — SD Code / Title 15 / Chapter 3 / Section 15-3-16
Vesting of title to unoccupied land by payment of taxes for ten years under color of title--Continuation of tax payment by successor in interest
Status: in_force

Whenever a person having a color of title made in good faith to vacant and unoccupied land, shall have paid all taxes legally assessed thereon for ten successive years, he shall be deemed and adjudged to be the legal owner of said vacant and unoccupied land to the extent and according to the purport of his paper title. All persons holding under such taxpayer by purchase, devise, or descent before said ten years shall have expired, and who shall have continued to pay taxes as aforesaid so as to complete the payment of taxes for said term of ten years, shall be entitled to the benefit of this section.

Source: SDC 1939 & Supp 1960, § 33.0229.
S.D. Codified Laws § 15-14-33 — SD Code / Title 15 / Chapter 14 / Section 15-14-33
New trial after verdict not returned
Status: in_force

In all cases where the jury are discharged or prevented from giving a verdict by reason of accident or other cause, during the progress of the trial, or after the cause is submitted to them, the action may be again tried immediately or at a future time, as the court may direct.

Source: SDC 1939 & Supp 1960, § 33.1328.
S.D. Codified Laws § 15-1-2 — SD Code / Title 15 / Chapter 1 / Section 15-1-2
Civil and criminal remedies not merged
Status: in_force

Where the violation of a right admits of both a civil and criminal remedy, the right to prosecute the one is not merged in the other.

Source: SDC 1939 & Supp 1960, § 33.0103.
S.D. Codified Laws § 15-39-49 — SD Code / Title 15 / Chapter 39 / Section 15-39-49
Addresses of parties stated to clerk--Filing in docket
Status: in_force

The plaintiff or attorney shall also provide in writing to the clerk the plaintiff's and the defendant's place of residence, usual place of business, and the place of employment, or such thereof as the clerk may deem necessary, including the street and number, if any; and the clerk shall file the same in the docket.

Source: SDC 1939 & Supp 1960, § 33.4108; SDCL, § 15-39-9; Supreme Court Rule 81-4.
S.D. Codified Laws § 15-6-70 — SD Code / Title 15 / Chapter 6 / Section 15-6-70
Judgment for specific acts--Vesting title
Status: in_force

If a judgment directs a party to execute a conveyance of land or to deliver deeds or other documents or to perform any other specific act and the party fails to comply within the time specified, the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court and the act when so done has like effect as if done by the party. On application of the party entitled to performance, the clerk shall issue a writ of attachment or sequestration against the property of the disobedient party to compel obedience to the judgment. The court may also in proper cases adjudge the party in contempt. If real or personal property is within the state, the court in lieu of directing a conveyance thereof may enter a judgment divesting the title of any party and vesting it in others and such judgment has the effect of a conveyance executed in due form of law. When any order or judgment is for the delivery of possession, the party in whose favor it is entered is entitled to a writ of execution or assistance upon application to the clerk.

Source: SDC 1939 & Supp 1960, § 33.1906; SD RCP, Rule 70, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
S.D. Codified Laws § 15-38-38 — SD Code / Title 15 / Chapter 38 / Section 15-38-38
(Rule 7(a)) Scope of review on appeal from magistrate judge--Disposition of case
Status: in_force

When an appeal is taken to the circuit court from a judgment rendered in a magistrate court with a magistrate judge presiding, the circuit may review all matters appearing in the record relevant to the question of whether the judgment appealed from is erroneous; the circuit court may affirm, reverse, remand, or modify the judgment.

Source: Supreme Court Rule 78-4, Rule 7 (a).
S.D. Codified Laws § 15-26A-37 — SD Code / Title 15 / Chapter 26A / Section 15-26A-37
Proceedings against sureties on bond
Status: in_force

Whenever a bond for costs or supersedeas bond is given with one or more corporate or individual sureties, each surety thereon submits himself to the jurisdiction of the circuit court and irrevocably appoints the clerk of the circuit court as his agent upon whom any papers affecting his liability on the bond may be served. His or its liability may be enforced on motion in the circuit court without the necessity of an independent action. The motion and such notice of motion as the circuit court shall prescribe shall be served on the clerk of the circuit court, who shall forthwith mail copies to the sureties at their last known address.

Source: Supreme Court Rule 79-1, Rule 8 (7); SDCL Supp, § 15-26A-26 .
S.D. Codified Laws § 15-26A-93 — SD Code / Title 15 / Chapter 26A / Section 15-26A-93
Title of chapter
Status: in_force

This chapter shall be known as the South Dakota Rules of Civil Appellate Procedure and may be cited as S.D.R.C. App.P. Rule ___.

Source: Supreme Court Rule 79-1, Rule 17.
S.D. Codified Laws § 15-2-21 — SD Code / Title 15 / Chapter 2 / Section 15-2-21
Running of statute against enemy alien during war
Status: in_force

When a person shall be an alien subject, or a citizen of a country at war with the United States, the time of the continuance of the war is part of the period limited for the commencement of the action.

Source: SDC 1939 & Supp 1960, § 33.0206.
S.D. Codified Laws § 15-6-65 — SD Code / Title 15 / Chapter 6 / Section 15-6-65
(d).Contents of order--Parties bound
Status: in_force

Every order granting an injunction and every restraining order shall set forth the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; and is binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise. In addition, and pursuant to § 15-6-52(a), the court for preliminary injunctions shall set forth the findings of fact and conclusions of law which constitute the grounds of its action.

Source: SL 1978, ch 155, § 4.No preliminary injunction shall be issued without notice to the adverse party.

Before or after the commencement of the hearing of an application for a preliminary injunction, the court may order the trial of the action on the merits to be advanced and consolidated with the hearing of the application. Even when this consolidation is not ordered, any evidence received on an application for a preliminary injunction which would be admissible on the trial on the merits, becomes part of the record on the trial and need not be repeated at the trial. This paragraph shall be construed and applied to save to the parties any rights they may have to trial by a jury.

Source: SL 1978, ch 155, § 4.Where no provision is made by statute, a temporary restraining order may be granted without written or oral notice to the adverse party or his attorney only if:

(1) It clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or his attorney can be heard in opposition; and

(2) The applicant's attorney certifies to the court in writing the efforts, if any, which have been made to give the notice or the reasons supporting his claim that notice should not be required.

Every temporary restraining order granted without notice shall be indorsed with the date and hour of issuance; shall be filed forthwith in the clerk's office and entered of record; shall define the injury and state why it is irreparable and why the order was granted without notice; and, except in actions arising under chapters 25-3 and 25-4 , shall expire by its terms within such time after entry, not to exceed ten days, as the court fixes, unless within the time so fixed the order, for good cause shown, is extended for a like period or unless the party against whom the order is directed consents that it may be extended for a longer period. The reasons for the extension shall be entered of record. In case a temporary restraining order is granted without notice, the motion for a preliminary injunction shall be set down for hearing at the earliest possible time and takes precedence over all matters except older matters of the same character. When the motion comes on for hearing the party who obtained the temporary restraining order shall proceed with the application for a preliminary injunction and, if he does not do so, the court shall dissolve the temporary restraining order. On two days' notice to the party who obtained the temporary restraining order without notice or on such shorter notice to that party as the court may prescribe, the adverse party may appear and move its dissolution or modification and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require. Temporary restraining orders by their very nature may not be appealed.

Source: SD RCP, Rule 65, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SDCL, § 15-6-65 ; SL 1978, ch 155, § 4.Where no provision is made by statute for security on a preliminary injunction or temporary restraining order, the court shall require a written undertaking on the part of the applicant with or without sureties in such sum as the court deems proper, to the effect that the applicant will pay to the party enjoined such costs and damages not exceeding the amount to be specified, as he may sustain by reason of the preliminary injunction or temporary restraining order, if the court finally decides that the applicant was not entitled thereto. The damages may be ascertained by reference or otherwise as the court shall direct. No such security shall be required of the State of South Dakota or of an officer or agency thereof.

Source: SDC 1939 & Supp 1960, § 37.4306; SDCL, § 21-8-10 ; SL 1978, ch 155, § 4.
S.D. Codified Laws § 15-5-1 — SD Code / Title 15 / Chapter 5 / Section 15-5-1
Venue based on location of subject matter
Status: in_force

Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated, subject to the power of the court to change the place of trial in the cases provided by the statute:

(1) For the recovery of real property, or of an estate or interest therein, or for the determination in any form of such right or interest, and for injuries to real property;

(2) For the partition of real property;

(3) For the foreclosure of a mortgage of real property;

(4) For the recovery of personal property distrained for any cause;

(5) For the recovery on a policy of insurance for loss or damage to the property insured, such property, for the purposes of this subdivision being deemed the subject of the action.

Source: SDC 1939 & Supp 1960, § 33.0301.
S.D. Codified Laws § 15-19-36 — SD Code / Title 15 / Chapter 19 / Section 15-19-36
Cancellation or endorsement of instrument on which judgment based--Attachment to return of execution
Status: in_force

When the proceeds are sufficient to discharge the entire judgment, including costs and disbursements, the officer or the person making the sale, or the clerk of the court, shall cancel the note or other evidence of the debt upon which the judgment is founded, by a plain and legible notation on the face thereof, and such note or other evidence shall be attached to and filed with the return upon the execution; when the proceeds are insufficient for that purpose, the amount applied on the debt shall be endorsed on such note or other evidence, with the date of the application, by the officer or person making the sale, or by the clerk of the court, and such note or other evidence, so endorsed, shall be attached to and made a part of the return on the execution, but the officer or person making such sale may retain the proceeds thereof until after the sale shall have been confirmed, as provided in § 15-19-22 .

Source: SDC 1939 & Supp 1960, § 33.2016.
S.D. Codified Laws § 15-16-43 — SD Code / Title 15 / Chapter 16 / Section 15-16-43
Applicability to general judgment liens only
Status: in_force

Nothing contained in §§ 15-16-38 to 15-16-42 , however, may be construed to apply to any judgment which constituted a valid lien upon any specific property of such judgment debtor, as distinguished from the general judgment lien on real property.

Source: SL 2012, ch 110, § 7.
S.D. Codified Laws § 15-18-1 — SD Code / Title 15 / Chapter 18 / Section 15-18-1
Writ of execution permitted within twenty years after judgment
Status: in_force

The party in whose favor judgment has been given, or, in case of his death or disability or incapacity, his personal representative may, at any time within twenty years after the entry of judgment, proceed to enforce the same by writ of execution, as provided in this title.

Source: SDC 1939, § 33.1901; SL 1939, ch 131; SL 1947, ch 155.
S.D. Codified Laws § 15-16-36 — SD Code / Title 15 / Chapter 16 / Section 15-16-36
Incorporation in a judgment of original promissory note or other instrument of debt
Status: in_force

The act of incorporating in a judgment the original promissory note or other instrument of debt merges it into that judgment.

Source: Supreme Court Rule 98-31.
S.D. Codified Laws § 15-14-11 — SD Code / Title 15 / Chapter 14 / Section 15-14-11
Oath of jurors--Affirmation
Status: in_force

As soon as the jury is completed, the following oath shall be administered to the jurors.

Do you, and each of you, swear or affirm that you will fairly hear the matters in dispute and render a verdict according to the evidence and the instructions of the court, so help you God?

Source: SDC 1939 & Supp 1960, § 33.1313; SL 2007, ch 131, § 1.
S.D. Codified Laws § 15-24-12 — SD Code / Title 15 / Chapter 24 / Section 15-24-12
Equipment and Pooling
Status: in_force

The following limitations on the amount of equipment and number of media personnel in the courtroom shall apply:

(a) Video cameras. Not more than two video cameras, each operated by not more than one cameraperson, shall be permitted in the courtroom during a judicial proceeding. Where possible, recording and broadcast equipment that is not a component part of a video camera shall be located outside of the courtroom at a place designated by the court.

(b) Still cameras. Not more than two still camera photographers shall be permitted in the courtroom during a judicial proceeding. Each photographer will be allowed two camera bodies.

(c) Audio. Not more than one audio system shall be set up in the courtroom for media coverage of a judicial proceeding. Audio recording shall be accomplished from any existing audio system present in the courtroom, with the court's approval, if such recording would be technically suitable for media use. Where possible, electronic audio recording equipment and any operating personnel shall be located outside of the courtroom at a place designated by the court.

(d) Personal Recorders. Reporters, in the interest of accuracy, may use hand - held audio recorders in the courtroom. Such devices must have built - in microphones that are no more sensitive than the human ear. These personal recording devices are to be used for reporters' notes and not to gather sound for redistribution by the media. As with other media equipment, such personal recorders must not produce distracting sound or bear a media organization's insignia. Tapes may not be changed when court is in session.

(e) Pooling. Where the above limitations on equipment and personnel make it necessary, the media shall be required to pool equipment and personnel. Pooling arrangements shall be the sole responsibility of the media coordinator. The court shall not be called upon to mediate any dispute as to the appropriate media representatives authorized to cover a particular judicial proceeding.

(f) Location of equipment and personnel. Equipment and operating personnel permitted inside the courtroom by these rules shall be located in, and coverage of the proceedings shall take place from, an area or areas within the courtroom designated by the court or Chief Justice for the court. The area or areas designated shall provide reasonable access to the proceeding to be covered.

Source: Supreme Court Rule 01-08.
S.D. Codified Laws § 15-5-8 — SD Code / Title 15 / Chapter 5 / Section 15-5-8
Venue of actions for conversion or recovery of damages
Status: in_force

Actions for conversion of personal property, or for the recovery of damages to persons or property, may at the option of the plaintiff be brought and tried in the county where the damages were inflicted or the cause of action arose.

Source: SDC 1939 & Supp 1960, § 33.0304.
S.D. Codified Laws § 15-26A-42 — SD Code / Title 15 / Chapter 26A / Section 15-26A-42
Waiver of undertaking and deposit
Status: in_force

Any such undertaking and deposit may be waived in writing by the party for whose benefit the same is required to be made, and such waiver shall have the same effect as the giving of the undertaking would have had.

Source: SDC 1939 & Supp 1960, § 33.0726; SDCL, § 15-28-6.
S.D. Codified Laws § 15-39-77 — SD Code / Title 15 / Chapter 39 / Section 15-39-77
Guardian ad litem
Status: in_force

When a minor is a party to a small claims action, a parent or guardian or conservator shall be considered a guardian ad litem for purpose of commencing said action or receiving service thereof.

Source: Supreme Court Rule 81-4; SL 1993, ch 213, § 92.
S.D. Codified Laws § 15-19-3 — SD Code / Title 15 / Chapter 19 / Section 15-19-3
Publication of notice of sale of personal property--Contents--Posting in lieu of notice
Status: in_force

Public notice of all sales of personal property shall be given by the officer or person making the sale by publishing in some legal newspaper in the county where the sale is to be made, in one issue, at least ten days before the sale, a notice of sale, which shall contain the title of the action, a reference to the order, judgment, or execution pursuant to which the sale is made, and the date thereof; if on decree of foreclosure, or execution, the amount of the judgment; a description of the property to be sold, the terms of sale, and the time and place of sale.

If there be no legal newspaper in the county, the notice must be posted in five of the most public places in the county, not less than ten days before sale.

Source: SDC 1939 & Supp 1960, § 33.2002.
S.D. Codified Laws § 15-2-1 — SD Code / Title 15 / Chapter 2 / Section 15-2-1
Commencement of civil actions limited by prescribed periods--Manner of objecting to commencement
Status: in_force

Civil actions can only be commenced within the periods prescribed in this title after the cause of action shall have accrued except where in special cases a different limitation is prescribed by statute. The objection that the action was not commenced within the time limited can only be taken by answer or other responsive pleading.

Source: SDC 1939 & Supp 1960, § 33.0201.
S.D. Codified Laws § 15-17-38 — SD Code / Title 15 / Chapter 17 / Section 15-17-38
Award of attorneys' fees--Taxed as disbursements
Status: in_force

The compensation of attorneys and counselors at law for services rendered in civil and criminal actions and special proceedings is left to the agreement, express or implied, of the parties. However, attorneys' fees may be taxed as disbursements if allowed by specific statute. The court, if appropriate, in the interests of justice, may award payment of attorneys' fees in all cases of divorce, annulment of marriage, determination of paternity, custody, visitation, separate maintenance, support, or alimony. The court may award the fees before or after judgment or order. The court may award attorneys' fees from trusts administered through the court as well as in probate and guardianship proceedings. Attorneys' fees may be taxed as disbursements on mortgage foreclosures either by action or by advertisement.

Source: SL 1992, ch 148, § 3; SL 2006, ch 111, § 1.
S.D. Codified Laws § 15-9-12 — SD Code / Title 15 / Chapter 9 / Section 15-9-12
Service by publication on foreign corporation with property in jurisdiction of court
Status: in_force

The court or a judge thereof may grant an order pursuant to § 15-9-7 where the defendant is a foreign corporation and the cause of action arose in this state, or where such defendant has property within this state and the court has jurisdiction over the subject of the action, and where by attachment, garnishment, or other process, the plaintiff has brought such property under jurisdiction of the court.

Source: SDC 1939 & Supp 1960, § 33.0812 (1).
S.D. Codified Laws § 15-5-8.1 — SD Code / Title 15 / Chapter 5 / Section 15-5-8.1
Venue of actions arising out of real property lease agreements
Status: in_force

Any breach of contract action between a lessor and a lessee that arises out of a real property lease agreement shall be tried in the county in which any portion of the real property subject to the lease agreement is located.

Source: SL 2016, ch 110, § 1.
S.D. Codified Laws § 15-6-31 — SD Code / Title 15 / Chapter 6 / Section 15-6-31
(a).Serving questions--Notice
Status: in_force

After commencement of the action, any party may take the testimony of any person, including a party, by deposition upon written questions. The attendance of witnesses may be compelled by the use of subpoena as provided in § 15-6-45 . The deposition of a person confined in prison may be taken only by leave of court on such terms as the court prescribes. Deposition by written questions of a person who has already been deposed in the case may only be taken with the consent of the deponent and parties, or by leave of the court.

A party desiring to take a deposition upon written questions shall serve them upon every other party with a notice stating (1) the name and address of the person who is to answer them, if known, and if the name is not known, a general description sufficient to identify the person or the particular class or group to which the person belongs, and (2) the name or descriptive title and address of the officer before whom the deposition is to be taken. A deposition upon written questions may be taken of a public or private corporation or a partnership or association or governmental agency in accordance with the provisions of subdivision 15-6-30(b)(6).

Within fourteen days after the notice and written questions are served, a party may serve cross-questions upon all other parties. Within seven days after being served with cross-questions, a party may serve redirect questions upon all other parties. Within seven days after being served with redirect questions, a party may serve recross-questions upon all other parties. The court may for cause shown enlarge or shorten the time.

Source: SDC 1939 & Supp 1960, §§ 36.0501, 36.0511; SD RCP, Rules 26 (a), 31 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SDCL, § 15-6-26(a); Supreme Court Rule 76-3, § 5; SL 2006, ch 300 (Supreme Court Rule 06-26), eff. July 1, 2006.When the deposition is filed, the party filing it shall promptly give notice thereof to all other parties.

Source: SL 2006, ch 302 (Supreme Court Rule 06-28), eff. July 1, 2006.A copy of the notice and copies of all questions served shall be delivered by the party taking the deposition to the officer designated in the notice, who shall proceed promptly, in the manner provided by §§ 15-6-30(c), 15-6-30(e), and 15-6-30(f), to take the testimony of the witness in response to the questions and to prepare, certify, and file or mail the deposition, attaching thereto the copy of the notice and the questions received by the officer.

Source: SD RCP, Rule 31 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 76-3, § 5; SL 2006, ch 301 (Supreme Court Rule 06-27), eff. July 1, 2006.
S.D. Codified Laws § 15-11-5 — SD Code / Title 15 / Chapter 11 / Section 15-11-5
Postponement during legislative session when legislator is party or attorney--Notice of intention to apply
Status: in_force

Whenever any action or proceeding, including a contested small claims action other than for attachment, garnishment, arrest and bail, claim and delivery, injunction, receivership, and deposit in court, to which any member of the Legislature is a party or in which any member of the Legislature is the attorney in charge for either party, comes on for trial or hearing during a session of the Legislature, the attendance of the party or attorney upon the session is cause for the postponement of the trial or hearing until after the conclusion of the session, provided the party or attorney serves notice, on the opposite party, of his intention to apply for the postponement at least fifteen days before the term or time at which the action or proceeding may be brought on for trial or hearing or as soon as notice of hearing is received if less than fifteen days prior to the date set for hearing.

Source: SDC 1939 & Supp 1960, § 33.1115; SL 1989, ch 176.
S.D. Codified Laws § 15-14-26 — SD Code / Title 15 / Chapter 14 / Section 15-14-26
Polling of jury--Dissenting votes
Status: in_force

If neither party requires the jury to be polled the verdict is complete and the jury discharged from the case. Either party may require the jury to be polled, which is done by the court or clerk asking each juror if it is his verdict. If more than two answer in the negative, except in the cases provided for in § 15-14-27 , the jury must again be sent out.

Source: SDC 1939 & Supp 1960, § 33.1333.
S.D. Codified Laws § 15-7-6 — SD Code / Title 15 / Chapter 7 / Section 15-7-6
Motor vehicle operation deemed appointment of secretary of state as agent to receive process--Binding on personal representative--Agreement as to legal force of process served
Status: in_force

The use and operation by a resident of this state or the resident's agent, or by a nonresident or the nonresident's agent of a motor vehicle within the State of South Dakota, shall be deemed an irrevocable appointment by the resident or the resident's agent when the resident has been absent from this state continuously for ninety days or more following a motor vehicle accident, or by the nonresident or the nonresident's agent at any time, of the secretary of State of South Dakota to be his or her true and lawful attorney upon whom may be served all legal process in any action or proceeding against the resident or nonresident or his or her personal representative growing out of such use and operation of a motor vehicle within this state, resulting in damages or loss to person or property, whether the damage or loss occurs on a highway or on abutting public or private property. The appointment is binding upon the nonresident's personal representative. The use or operation of a motor vehicle by the resident or nonresident is a signification of the resident's or nonresident's agreement that any such process in any action against the resident or nonresident or his or her personal representative which is so served, shall be of the same legal force and validity as if served upon the resident or nonresident personally or on the resident's or nonresident's personal representative.

Source: SDC 1939, § 33.0809; SL 1957, ch 178; SL 1963, ch 226; SL 1969, ch 153; SL 2006, ch 110, § 1.
S.D. Codified Laws § 15-17-59 — SD Code / Title 15 / Chapter 17 / Section 15-17-59
Dismissal for lack of jurisdiction--Disbursements
Status: in_force

If a civil action or special proceeding is dismissed for lack of jurisdiction, the prevailing party may tax disbursements.

Source: SL 1992, ch 148, § 24.
S.D. Codified Laws § 15-18-43 — SD Code / Title 15 / Chapter 18 / Section 15-18-43
Mailing of return of execution issued in another county--Officer not liable for delay in mails
Status: in_force

When execution shall be issued in any county, and directed to an officer of another county, it shall be lawful for such officer having the execution, after having discharged all the duties required of him by law to transmit such execution by mail to the clerk who issued the same. On proof being made by such officer that the execution was mailed soon enough to have reached such clerk within the time prescribed by law, the officer shall not be liable for any amercement or penalty, if it does not reach the office in due time.

Source: SDC 1939 & Supp 1960, § 33.1922; SL 1973, ch 126, § 10.
S.D. Codified Laws § 15-39-76.1 — SD Code / Title 15 / Chapter 39 / Section 15-39-76.1
Notice of payment of judgment
Status: in_force

The lienholder shall notify the clerk upon full payment of the judgment, and the clerk shall satisfy the judgment at no charge to the parties involved. Upon receipt of a claim by the debtor that the judgment has been paid in full but has not been satisfied by the lienholder, the court shall issue an order to show cause requiring the lienholder appear and show cause why the judgment should not be satisfied.

Source: Supreme Court Rule 81-7; SL 2005, ch 294 (Supreme Court Rule 05-08), effective Feb. 25, 2005.
S.D. Codified Laws § 15-3-7 — SD Code / Title 15 / Chapter 3 / Section 15-3-7
Possession of real property presumed from legal title--Occupation by another presumed subordinate to legal title
Status: in_force

In every action for the recovery of real property or the possession thereof, the person establishing a legal title to the premises shall be presumed to have been possessed thereof within the time required by law; and the occupation of such premises by any other person shall be deemed to have been under and in subordination to the legal title, unless it appear that such premises have been held and possessed adversely to such legal title for twenty years before the commencement of such action.

Source: SDC 1939 & Supp 1960, § 33.0220.
S.D. Codified Laws § 15-39-56 — SD Code / Title 15 / Chapter 39 / Section 15-39-56
Jury trial and appeal waived by plaintiff--Right to jury trial if action removed by defendant
Status: in_force

A plaintiff beginning an action under the procedure shall be deemed to have waived a trial by jury and the right of appeal unless the action is removed, for formal hearing, to the regular civil docket of either circuit or magistrate court as hereinafter provided, in which case the plaintiff shall have the same right to claim a trial by jury and appeal as if the action had been begun in the circuit or magistrate court.

Source: SDC 1939 & Supp 1960, § 33.4102; SDCL, § 15-39-16; Supreme Court Rule 81-4; Supreme Court Rule 97-13; SL 2000, ch 258 (Supreme Court Rule 00-4).
S.D. Codified Laws § 15-24A-8 — SD Code / Title 15 / Chapter 24A / Section 15-24A-8
Opinion
Status: in_force

The written opinion of the Supreme Court stating the law governing the questions certified shall be sent by the clerk under the seal of the Supreme Court to the certifying court and to the parties.

Source: Supreme Court Rule 85-7, § 7.
S.D. Codified Laws § 15-17-36 — SD Code / Title 15 / Chapter 17 / Section 15-17-36
Costs not an indemnity--Disbursements
Status: in_force

The concept of costs as an indemnity to be recovered by a prevailing party is abolished in the courts of South Dakota. Whenever the term, costs, is used, it means disbursements as defined in § 15-17-37 .

Source: SL 1992, ch 148, § 1.
S.D. Codified Laws § 15-12-20 — SD Code / Title 15 / Chapter 12 / Section 15-12-20
Definition of terms
Status: in_force

Terms, as used in §§ 15-12-20 to 15-12-37 , inclusive, unless the context otherwise requires, mean:

(1) "Action," any action or special proceeding in the trial court, whether civil or criminal or quasi - criminal;

(2) "Canon" or "Canons," the canons set forth in the South Dakota Code of Judicial Conduct appearing as an appendix to chapter 16-2 ;

(3) "Judge," a judge of the circuit court or a retired justice or judge acting pursuant to appointment by the Chief Justice;

(4) "Magistrate," both magistrate judges and nonlaw - trained magistrates as defined by § 16-12A-1.1 ; and

(5) "Party," any party within the meaning of the rules of civil or criminal procedure and the statutes of this state.

Source: Supreme Court Rule No. 75-5, § 1; SL 2021, ch 86, § 1.
S.D. Codified Laws § 15-7-4 — SD Code / Title 15 / Chapter 7 / Section 15-7-4
Retroactive application of general jurisdiction provisions
Status: in_force

The provisions of §§ 15-7-1 to 15-7-3 , inclusive, shall apply to causes of action arising before enactment hereof.

Source: SL 1965, ch 163, § 4.
S.D. Codified Laws § 15-15A-4 — SD Code / Title 15 / Chapter 15A / Section 15-15A-4
Applicability of rule
Status: in_force

This rule applies to all court records, regardless of the physical form of the court record, the method of recording the information in the court record or the method of storage of the information in the court record.

Source: SL 2004, ch 333 (Supreme Court Rule 04-06), eff. July 1, 2004; SL 2005, ch 291 (Supreme Court Rule 05-05), eff. Feb. 25, 2005.
S.D. Codified Laws § 15-8-11 — SD Code / Title 15 / Chapter 8 / Section 15-8-11
Joint tort-feasors--Definition of term
Status: in_force

For the purposes of §§ 15-8-12 to 15-8-22 , inclusive, the term "joint tort - feasors" means two or more persons jointly or severally liable in tort for the same injury to person or property, whether or not judgment has been recovered against all or some of them.

Source: SL 1945, ch 167, § 1; SDC Supp 1960, § 33.04A02.
S.D. Codified Laws § 15-14-18 — SD Code / Title 15 / Chapter 14 / Section 15-14-18
Scope of argument to jury--Argument on law
Status: in_force

Counsel in arguing the case may argue and comment upon the law as given in the instructions of the court, as well as upon the evidence in the case, but in no case except in trials for libel, shall counsel argue or contend before the jury that the law governing the case is other or different than that settled and given by the trial court in the instructions. The trial court shall strictly enforce this section and § 15-14-17 .

Source: SDC 1939 & Supp 1960, § 33.1321.
S.D. Codified Laws § 15-30-11 — SD Code / Title 15 / Chapter 30 / Section 15-30-11
Remittitur of decision and record to trial court--Further proceedings
Status: in_force

When the action or proceeding has been finally disposed of in the Supreme Court, certified copies of its judgment or decision, and the settled record on appeal shall be remitted to the court from which the appeal was taken, and further proceedings shall be had in accordance therewith.

Source: SDC 1939 & Supp 1960, § 33.0752.
S.D. Codified Laws § 15-16-46 — SD Code / Title 15 / Chapter 16 / Section 15-16-46
Required findings for recognition of out-of-country foreign defamation judgment
Status: in_force

In matters concerning defamation, the court, before it recognizes an out-of-country foreign judgment, shall by clear and convincing evidence, find that the law applied in the foreign court's adjudication, which resulted in a judgment, provided at least as much protection for freedom of speech and the press as would be provided by the United States Constitution and the Constitution of the State of South Dakota, in addition to the criteria set forth in § 15-16-45 .

Source: SL 2013, ch 98, § 3.
S.D. Codified Laws § 15-19-31 — SD Code / Title 15 / Chapter 19 / Section 15-19-31
Adjournment of sales to following day
Status: in_force

Whenever any sale has commenced at the time and place specified in the notice therefor and because of the amount of property to be sold or other events beyond the control of the officer conducting it, the sale cannot be completed on that day, it may be adjourned to any of the hours within which such sales may be made on the next succeeding business day by announcement of the officer at the time such adjournment is made.

Source: SDC 1939 & Supp 1960, § 33.2014.
S.D. Codified Laws § 15-26A-64 — SD Code / Title 15 / Chapter 26A / Section 15-26A-64
References in briefs to record
Status: in_force

Whenever reference is made in the briefs to any part of the record it shall be made to the particular part of the record, suitably designated, and to the specific pages thereof.

Source: Supreme Court Rule 79-1, Rule 12 (5); SDCL Supp, § 15-26A-46 .
S.D. Codified Laws § 15-16-44 — SD Code / Title 15 / Chapter 16 / Section 15-16-44
Conditions for not recognizing out-of-country foreign judgments
Status: in_force

An out-of-country foreign judgment need not be recognized and entitled to full faith and credit in the State of South Dakota, unless there has been opportunity for a full and fair trial abroad before a court of competent jurisdiction, conducting the trial upon regular proceedings, after due citation or voluntary appearance of the defendant, and under a system of jurisprudence likely to secure an impartial administration of justice between the citizens of its own country and those of other countries, and there is nothing to show either prejudice in the court or in the system of laws under which it was sitting, or fraud in procuring the judgment, or any other special reason why the comity of the State of South Dakota should not allow it full effect.

Source: SL 2013, ch 98, § 1.
S.D. Codified Laws § 15-3-8 — SD Code / Title 15 / Chapter 3 / Section 15-3-8
Tenant's possession deemed that of landlord--Continuation after termination of tenancy
Status: in_force

Whenever the relation of landlord and tenant shall have existed between any persons the possession of the tenant shall be deemed the possession of the landlord until the expiration of twenty years from the termination of the tenancy; or, where there has been no written lease, until the expiration of twenty years from the time of the last payment of rent, notwithstanding that such tenant may have acquired another title, or may have claimed to hold adversely to his landlord. Such presumptions shall not be made after the periods herein limited.

Source: SDC 1939 & Supp 1960, § 33.0225.
S.D. Codified Laws § 15-19-7 — SD Code / Title 15 / Chapter 19 / Section 15-19-7
Sale at public auction to highest bidder--Designation by debtor of order in which items offered
Status: in_force

Personal property must be sold on execution at public auction to the highest bidder. The property sold must be offered in such parcels and items as are likely to bring the highest price. A judgment debtor may direct the order in which the parcels or items of property are to be sold by a request in writing delivered to the officer before the sale, or orally if he be present at the sale.

Source: SDC 1939 & Supp 1960, § 33.2005.
S.D. Codified Laws § 15-10-7 — SD Code / Title 15 / Chapter 10 / Section 15-10-7
Expungement of notice of pendency upon motion therefor--Undertaking
Status: in_force

Any time after the notice of pendency of an action has been filed for record pursuant to § 15-10-1 or other law, the court in which the action is pending may, upon motion of a party to the action supported by affidavit, order that the notice be expunged if the moving party gives an undertaking, in such amount and within such time as is fixed by the court after notice and hearing. The undertaking shall require the moving party to indemnify the party who recorded the notice for all damages which he may incur:

(1) If the notice is expunged and the moving party does not prevail; and

(2) If the court finds that adequate relief can be secured to the party recording the notice by the giving of the undertaking.

Source: SL 1980, ch 162, § 3.
S.D. Codified Laws § 15-18-27 — SD Code / Title 15 / Chapter 18 / Section 15-18-27
Levy on other personal property or demand
Status: in_force

A levy under a writ, warrant, or execution upon other personal property, must be made by leaving a notice of levy showing the property levied upon with the person holding the same; or, if it consists of a demand other than specified in §§ 15-18-20 and 15-18-21 , with the person against whom it exists.

Source: SDC 1939 & Supp 1960, § 33.1913 (5).
S.D. Codified Laws § 15-26A-54 — SD Code / Title 15 / Chapter 26A / Section 15-26A-54
Statement of the proceedings when no report was made or when the transcript is unavailable
Status: in_force

If no report of all or any part of the proceedings at a hearing or trial was made, or if a transcript is unavailable, the appellant may, within fifteen days after service of the notice of appeal, prepare a statement of the proceedings from the best available means, including his recollection, and file a written notice of intention to file such a statement with the clerk of the Supreme Court and with the clerk of the trial court. The statement shall be served on the appellee, who may serve objections or propose amendments thereto within fifteen days after service. Thereupon the statement and any objections or proposed amendments shall be submitted to the trial court, and the statement as approved by the trial court shall be filed with the trial clerk and included in the record within fifteen days of submission. The trial clerk shall give written notice of said filing to the clerk of the Supreme Court.

Source: Supreme Court Rule 79-1, Rule 10 (4); SDCL Supp, § 15-26A-36 ; Supreme Court Rule 80-8.
S.D. Codified Laws § 15-8-5 — SD Code / Title 15 / Chapter 8 / Section 15-8-5
Contents and service of summons to enforce judgment against joint contract debtor
Status: in_force

The summons provided in § 15-8-4 must be subscribed by the judgment creditor or his attorney; must describe the judgment and require the person summoned to show cause within thirty days after the service of the summons; and must be served in like manner as the original summons.

Source: SDC 1939 & Supp 1960, § 33.2302.
S.D. Codified Laws § 15-38-39 — SD Code / Title 15 / Chapter 38 / Section 15-38-39
(Rule 7(b)) Appeal from lay magistrate--Additional evidence--Trial de novo
Status: in_force

When an appeal is taken to the circuit court from a judgment rendered in a magistrate court with a magistrate presiding who is not law trained, the circuit court shall review the appeal as in § 15-38-38 ; provided, that the circuit court in its discretion, may receive further evidence, not appearing in the record or may direct that the case be tried de novo.

Source: Supreme Court Rule 78-4, Rule 7 (b).
S.D. Codified Laws § 15-24A-10 — SD Code / Title 15 / Chapter 24A / Section 15-24A-10
Construction
Status: in_force

This chapter shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.

Source: Supreme Court Rule 85-7, § 9.
S.D. Codified Laws § 15-26A-91 — SD Code / Title 15 / Chapter 26A / Section 15-26A-91
Time for petition for reinstatement--Contents, form, and filing of petition
Status: in_force

A petition for reinstatement of an appeal dismissed by the Supreme Court may be served and filed within twenty days after entry of the order of dismissal. The petition shall state briefly the ground upon which the reinstatement is sought and any underlying circumstances relevant to the dismissal. Copies of relevant affidavits, documents, and correspondence may be attached to the petition. The petition shall be filed with the clerk of the Supreme Court. Any party may serve and file answer thereto within ten days after service of the petition.

Source: Supreme Court Rule 80-4; SL 2023, ch 226 (Supreme Court Rule 23-09), eff. Apr. 1, 2023.
S.D. Codified Laws § 15-2-28 — SD Code / Title 15 / Chapter 2 / Section 15-2-28
Mortgage presumed paid after fifteen years--Tolling provisions not applicable
Status: in_force

At the expiration of fifteen years from the date the cause of action accrues on any mortgage as provided in § 15-2-5 , such mortgage shall be conclusively presumed to have been paid and the mortgage and the record thereof shall cease to be notice of the mortgage as unpaid and the lien thereof shall then cease absolutely, and said period of fifteen years shall not be extended by nonresidence, legal disability, or partial payment.

Source: SDC 1939, § 33.0234; SL 1949, ch 129, § 1.
S.D. Codified Laws § 15-2-8 — SD Code / Title 15 / Chapter 2 / Section 15-2-8
Judgment of federal or foreign court--Mentally ill person's support--Abstracter's bond--Relief not otherwise provided for
Status: in_force

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

(1) An action upon a judgment or decree of any court of the United States, or any state or territory other than this state within the United States;

(2) Actions by any county in this state to recover from any person legally bound for the support of a mentally ill person at the hospital for the mentally ill;

(3) An action upon an abstracter's bond given pursuant to the provisions and requirements of chapter 36-13 . Cause of action on bond shall be deemed to accrue on date of certificate in which error, deficiency, or mistake occurred;

(4) An action for relief not otherwise provided for.

Source: SDC 1939, § 33.0232 (3); SL 1945, ch 144; SL 1947, ch 153, § 1.
S.D. Codified Laws § 15-16-47 — SD Code / Title 15 / Chapter 16 / Section 15-16-47
Application of §§15-16-44to15-16-46
Status: in_force

Sections 15-16-44 to 15-16-46 , inclusive, apply to judgments rendered in defamation proceedings outside the United States before, on, or after July 1, 2013, but do not apply to any out-of-country foreign judgment already recognized by the courts of this state prior to July 1, 2013.

Source: SL 2013, ch 98, § 4.
S.D. Codified Laws § 15-26A-87 — SD Code / Title 15 / Chapter 26A / Section 15-26A-87
Submission on briefs
Status: in_force

By agreement of the parties, a case may be submitted for decision on the briefs, but the court may direct that the case be argued.

Source: Supreme Court Rule 79-1, Rule 15 (5); SDCL Supp, § 15-26A-64 .
S.D. Codified Laws § 15-16-9 — SD Code / Title 15 / Chapter 16 / Section 15-16-9
Transcript and docketing of magistrate's judgment--Lien on real property--Docketing in other counties
Status: in_force

A magistrate, on the demand of a party in whose favor he shall have rendered a judgment must give a certified transcript thereof which shall be filed in the office of the clerk of courts of the county in which the judgment was rendered and such clerk must thereupon enter such judgment in the judgment books, and upon the judgment docket; and, from the time of the docketing thereof, it becomes a judgment of the circuit court and a lien upon real property, and a certified transcript of the docket of such judgment may be filed, and the judgment docketed accordingly in any other county with the same effect as if the judgment had been rendered in the circuit court where such judgment is so docketed.

Source: SDC 1939 & Supp 1960, § 33.1716; SL 1974, ch 153, § 8.
S.D. Codified Laws § 15-26A-45 — SD Code / Title 15 / Chapter 26A / Section 15-26A-45
Damages determined by referee after affirmance by Supreme Court
Status: in_force

When the amount of damages to be paid by the appellant on affirmance of the judgment or order appealed from, pursuant to any undertaking, is not fixed by the judgment or decision of the Supreme Court on the appeal, the circuit court may, after the remittitur of the record from the Supreme Court is filed, order a reference to ascertain such damages, the expense of which shall be included in and recoverable with such damages.

Source: SDC 1939 & Supp 1960, § 33.0728; SDCL, § 15-28-9.
S.D. Codified Laws § 15-30-12 — SD Code / Title 15 / Chapter 30 / Section 15-30-12
Costs and damages included in remittitur to trial court
Status: in_force

The remittitur as returned by the clerk of the Supreme Court to the clerk of the trial court shall contain a statement of the final award of costs and damages, if any.

Source: SDC 1939 & Supp 1960, § 33.0753.
S.D. Codified Laws § 15-17-37.1 — SD Code / Title 15 / Chapter 17 / Section 15-17-37.1
Interpreter or translator services--Payment
Status: in_force

When a witness or party needs a language interpreter or translator in a civil action or special proceeding, the court shall procure and appoint a disinterested interpreter or translator. The interpreter or translator shall be compensated for services provided in the court proceeding that the court certifies to be reasonable and just. The payment for the services of the interpreter or translator shall be made from funds appropriated for the operation of the courts. A civil action for purposes of this section does not include abuse and neglect, juvenile, involuntary commitment, mental illness, or protection order proceedings.

Source: SL 2021, ch 87, § 2.
S.D. Codified Laws § 15-6-35 — SD Code / Title 15 / Chapter 6 / Section 15-6-35
(b).Report of examining physician
Status: in_force

(1) If requested by the party against whom an order is made under § 15-6-35(a) or the person examined, the party causing the examination to be made shall deliver to him a copy of a detailed written report of the examining physician setting out his findings, including results of all tests made, diagnoses and conclusions, together with like reports of all earlier examinations of the same condition. After delivery the party causing the examination shall be entitled upon request to receive from the party against whom the order is made a like report of any examination, previously or thereafter made, of the same condition, unless, in the case of a report of examination of a person not a party, the party shows that he is unable to obtain it. The court on motion may make an order against a party requiring delivery of a report on such terms as are just, and if a physician fails or refuses to make a report the court may exclude his testimony if offered at the trial.

(2) By requesting and obtaining a report of the examination so ordered or by taking the deposition of the examiner, the party examined waives any privilege he may have in that action or any other involving the same controversy, regarding the testimony of every other person who has examined or may thereafter examine him in respect of the same mental or physical condition.

(3) This subdivision applies to examinations made by agreement of the parties, unless the agreement expressly provides otherwise. This subdivision does not preclude discovery of a report of an examining physician or the taking of a deposition of the physician in accordance with the provisions of any other rule.

Source: SDC 1939 & Supp 1960, §§ 36.0603, 36.0604; SD RCP, Rule 35 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 76-3, § 9.In an action in which the mental or physical condition of a party or the consanguinity of a party with another person or party is in controversy, the court in which the action is pending may order such person or party to submit to a physical or mental examination or blood test by a physician. The order may be made only on motion for good cause shown and upon notice to the person or party to be examined and to all other persons or parties involved and shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made.

Source: SDC 1939 & Supp 1960, § 36.0602; SD RCP, Rule 35 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
S.D. Codified Laws § 15-6-6 — SD Code / Title 15 / Chapter 6 / Section 15-6-6
(b).Enlargement of time
Status: in_force

When by this chapter or by a notice given thereunder or by an order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion:

(1) With or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order; or

(2) Upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect

Source: SDC 1939 & Supp 1960, § 33.0108; SD RCP, Rule 6 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.A written motion, other than one which may be heard ex parte and notice of the hearing thereof or an order to show cause shall be served not later than ten days before the time specified for the hearing, unless a different period is fixed by this chapter or by order of the court. Such an order may for cause shown be made on ex parte application. When a motion is supported by affidavit or brief, the affidavit or brief shall be served with the motion and, except as otherwise provided in § 15-6-59(b), opposing affidavits or briefs may be served not later than five days before the hearing, unless the court permits them to be served at some other time. A reply brief or affidavit may be served by the movant not later than two days before the hearing, unless the court permits them to be served at some other time.

Source: SDC 1939 & Supp 1960, § 33.1001; SD RCP, Rule 6 (d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 2006, ch 277 (Supreme Court Rule 06-03), eff. July 1, 2006.Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon him, or whenever such service is required to be made a prescribed period before a specified event, and the notice or paper is served by mail, three days shall be added to the prescribed period.

Service by facsimile or electronic mail transmission shall not be deemed service by mail for purposes of this section.

Source: SDC 1939 & Supp 1960, § 33.0820; SD RCP, Rule 6 (e), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1991, ch 426 (Supreme Court Rule 90-03); SL 2009, ch 281 (Supreme Court Rule 09-02), eff. July 1, 2009.In computing any period of time prescribed or allowed by this chapter, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday or a legal holiday or, when the act to be done is the filing of a paper in court, a day on which weather or other conditions have made the office of the clerk of court inaccessible, in which event the period runs until the end of the next day which is not one of the aforementioned days. When the period of time prescribed or allowed is less than eleven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in this rule, "legal holiday" includes those holidays listed in § 1-5-1 .

Service by facsimile, electronic mail transmission, and through the Odyssey 7 electronic filing system must be completed by 11:59 p.m. central standard time or daylight savings time as applicable, on a weekday, which is not a legal holiday, or service shall be deemed to be made on the following weekday, which is not a legal holiday.

Source: SD RCP, Rule 6(a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1991, ch 425 (Supreme Court Rule 90-02); SL 2006, ch 276 (Supreme Court Rule 06-02), eff. July 1, 2006; SL 2009, ch 280 (Supreme Court Rule 09-01), eff. July 1, 2009; SL 2019, ch 220 (Supreme Court Rule 18-14), eff. July 1, 2018.
S.D. Codified Laws § 15-11-8 — SD Code / Title 15 / Chapter 11 / Section 15-11-8
Counteraffidavits on application for continuance
Status: in_force

No counteraffidavits shall be allowed upon an application for a continuance, except those offered to show want of diligence or that the application is not made in good faith.

Source: SDC 1939 & Supp 1960, § 33.1117.
S.D. Codified Laws § 15-26A-59 — SD Code / Title 15 / Chapter 26A / Section 15-26A-59
Disposition of record after appeal
Status: in_force

The record on appeal shall remain on file in the office of the clerk of the Supreme Court until the action has finally been disposed of. It shall then be returned to the trial court with the remittitur.

Source: Supreme Court Rule 79-1, Rule 11 (3); SDCL Supp, § 15-26A-41 .
S.D. Codified Laws § 15-24A-7 — SD Code / Title 15 / Chapter 24A / Section 15-24A-7
Briefs and argument
Status: in_force

Once the Supreme Court has agreed to consider the certified question, the moving party or such party as the Supreme Court may designate shall serve and file its brief within twenty - five days after the filing of the order of acceptance. The other parties shall serve and file their briefs within twenty - five days after service of the moving or designated party's brief. The moving or designated party may serve and file a reply brief within fifteen days after service of the last brief of the other parties.

Proceedings in the Supreme Court shall be those provided in chapter 15-26A .

Source: Supreme Court Rule 85-7, § 6.
S.D. Codified Laws § 15-14-10.1 — SD Code / Title 15 / Chapter 14 / Section 15-14-10.1
Choosing alternate jurors
Status: in_force

In addition to the method of choosing or seating an alternate juror provided by § 15-6-47(b), the judge may choose the alternate jurors by lot, or by such other means as the parties agree on the record.

Source: Supreme Court Rule 97-2.
S.D. Codified Laws § 15-20-12 — SD Code / Title 15 / Chapter 20 / Section 15-20-12
Court order applying property to satisfaction of judgment--Restriction on application of wages
Status: in_force

The judge may order any property of the judgment debtor not exempt from execution in the hands either of himself or any other person or due the judgment debtor to be applied to the satisfaction of the judgment; except that the earnings of the debtor for his personal services at any time within sixty days next preceding the order cannot be so applied when it is made to appear by the debtor's affidavit or otherwise that such earnings are necessary for the use of a family supported wholly or partly by his labor.

Source: SDC 1939 & Supp 1960, § 33.2404.
S.D. Codified Laws § 15-20-3 — SD Code / Title 15 / Chapter 20 / Section 15-20-3
Procedure available against joint debtors not served with summons
Status: in_force

The procedure provided in this chapter may be taken upon the return of an execution unsatisfied issued upon a judgment recovered in an action against joint debtors in which some of the defendants have not been served with the summons by which said action was commenced so far as relates to the joint property of such debtors; and all actions by creditors to obtain satisfaction of judgments out of the property of joint debtors are maintainable in the same manner and to the same effect.

Source: SDC 1939 & Supp 1960, § 33.2403.
S.D. Codified Laws § 15-7-1 — SD Code / Title 15 / Chapter 7 / Section 15-7-1
Persons, organizations, and entities subject to general jurisdiction provisions
Status: in_force

As used in §§ 15-7-1 to 15-7-5 , inclusive, the term, person, whether or not a citizen or resident of this state, and whether or not organized under the laws of this state, includes an individual whether operating in his own name or under his trade name; an individual's agent or personal representative; a corporation; a limited liability company; a business trust; an estate; a trust; a partnership; an unincorporated association; and any two or more persons having a joint or common interest or any other legal or commercial entity.

Source: SL 1965, ch 163, § 1; SL 1994, ch 351, § 35.
S.D. Codified Laws § 15-5-10 — SD Code / Title 15 / Chapter 5 / Section 15-5-10
Trial of action in county where commenced unless defendant demands change of venue
Status: in_force

If the county designated for that purpose in the complaint is not the proper county, the action may, notwithstanding, be tried therein unless the defendant, before the time for answering expires, demands in writing that the trial be had in the proper county, and the place of trial be thereupon changed by the consent of the parties or by order of the court, as provided in § 15-5-11 .

Source: SDC 1939 & Supp 1960, § 33.0305.
S.D. Codified Laws § 15-6-72.2 — SD Code / Title 15 / Chapter 6 / Section 15-6-72.2
Definition--Local government body
Status: in_force

For the purposes of § 15-6-72.1 , the term, local government body, shall mean:

(1) Any county, municipality, township, or unincorporated territory;

(2) Any school district;

(3) Any organization that offers a public service, organized or authorized by a county, municipality, or township, including law enforcement, fire protection services, or emergency medical services; and

(4) Any special district including ambulance districts under chapter 34-11A , conservation districts under chapter 38-8 , consumer power districts under chapters 49-35 through 49-40 , drainage basis utility districts under chapter 46A-10B , improvement districts under chapter 7-25A , irrigation districts under chapters 46A-4 through 46A-7 , predator control districts under chapter 40-37 , public hospital districts under chapter 34-10 , regional railroad authorities under chapter 49-17A , regional recycling and waste management districts under chapter 34A-16 , road districts under chapter 31-12A , rural fire protection districts under chapter 34-31A , sanitary districts under chapter 34A-5 , water development districts under chapters 46A-3A through 46A-3E , water project districts under chapter 46A-18 , water user districts under chapter 46A-9 , or watershed districts under chapter 46A-14 .

Source: SL 2021, ch 85, § 2.
S.D. Codified Laws § 15-14-14 — SD Code / Title 15 / Chapter 14 / Section 15-14-14
Stenographic report of opening statements not required
Status: in_force

The court reporter need not make stenographic report of the opening statements of counsel unless the court shall direct, nor if made shall he include same in the transcript unless requested by the party ordering the transcript.

Source: SDC 1939 & Supp 1960, § 33.1307 (3).
S.D. Codified Laws § 15-15-4.1 — SD Code / Title 15 / Chapter 15 / Section 15-15-4.1
Return of administrative record to agency of origin when judgment final
Status: in_force

Whenever the decision or judgment of the court has become final in an action governed by chapter 1-26 , the clerk of courts shall return to the agency of origin the administrative record filed with the court pursuant to the provisions of § 1-26-33 . Subsequent access to said record shall be governed by the provisions of § 1-26-7 .

Source: Supreme Court Rule 82-22.
S.D. Codified Laws § 15-26A-82 — SD Code / Title 15 / Chapter 26A / Section 15-26A-82
Supreme Court calendar for oral argument--Duty of clerk
Status: in_force

The clerk of the Supreme Court shall keep a calendar under the direction of the Chief Justice in which the dates for oral argument shall be entered.

When an appeal or an original proceeding is set for oral argument the clerk shall give written notice by first class mail to all attorneys of record in the case stating the date and place that argument will be heard. If any party is not represented by an attorney, such notice shall be given to such party by mailing to his last known post office address. The court may in its discretion consider the appeal on the briefs and record without oral argument.

Source: Supreme Court Rule 79-1, Rule 15 (1); SDCL Supp, § 15-26A-60 .
S.D. Codified Laws § 15-6-48 — SD Code / Title 15 / Chapter 6 / Section 15-6-48
Juries of less than twelve--Majority verdict
Status: in_force

The parties may stipulate that the jury shall consist of any number less than twelve or that a verdict or a finding of a stated majority of the jurors shall be taken as the verdict or finding of the jury.

Source: SD RCP, Rule 48, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
S.D. Codified Laws § 15-19-33 — SD Code / Title 15 / Chapter 19 / Section 15-19-33
Officers not to purchase at sale
Status: in_force

No public officer nor officer of the court, nor any deputy of such, may be a purchaser at any execution sale held under his order or direction.

Source: SDC 1939 & Supp 1960, § 33.2015.
S.D. Codified Laws § 15-6-43 — SD Code / Title 15 / Chapter 6 / Section 15-6-43
(a).Form and admissibility of evidence
Status: in_force

In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by this chapter or by the South Dakota Rules of Evidence.

Source: SD RCP, Rule 43 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 84-8.The procedure for appointing interpreters shall be as provided in § 19-3-7 , and their compensation fixed, paid, and collected as provided in § 19-3-7 .

Source: SD RCP, Rule 43 (f), as adopted by Sup. Ct. Order No. 2, March 31, 1969, effective July 1, 1969; SL 1979, ch 154, § 29.Whenever under this chapter an oath or affirmation is required, it may be in the form prescribed by §§ 19-19-603.1 and 19-19-603.2 .

Source: SD RCP, Rule 43 (d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1979, ch 154, § 28.When a motion is based on facts not appearing of record the court may hear the matter on affidavits presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions.

Upon motion of any party for a hearing pursuant to § 21-1-4.1 , the court shall consider and decide the matter prior to trial.

Source: SD RCP, Rule 43 (e), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1993, ch 387 (Supreme Court Rule 93-4).
S.D. Codified Laws § 15-39-74 — SD Code / Title 15 / Chapter 39 / Section 15-39-74
Court order as to method of payment of judgment--Stay of execution during compliance
Status: in_force

The court may order that the judgment shall be paid to the prevailing party at a certain date or by specified installments, and may stay the issue of execution and other supplementary process during compliance with such order. Such stay shall at all times be subject to being modified or vacated.

Source: SDC 1939 & Supp 1960, § 33.4117; SDCL, § 15-39-39; Supreme Court Rule 81-4.
S.D. Codified Laws § 15-26A-33 — SD Code / Title 15 / Chapter 26A / Section 15-26A-33
Joinder of bonds
Status: in_force

The cost bond and supersedeas bond required by this chapter may be in one instrument or several, at the option of appellant.

Source: Supreme Court Rule 79-1, Rule 8 (3); SDCL Supp, § 15-26A-22 .
S.D. Codified Laws § 15-40-9 — SD Code / Title 15 / Chapter 40 / Section 15-40-9
Ruling for expedited relief--Dismissal--Grounds--Effect of voluntary dismissal
Status: in_force

In ruling on a motion under § 15-40-3 , the court shall dismiss with prejudice a cause of action, or part of a cause of action, if:

(1) The moving party establishes under § 15-40-1 that the provisions of this chapter apply;

(2) The responding party fails to establish under § 15-40-2 that the provisions of this chapter do not apply; and

(3) Either:

(a) The responding party fails to establish a prima facie case as to each essential element of the cause of action; or

(b) The moving party establishes that the responding party failed to state a cause of action upon which relief can be granted, or there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law on the cause of action or part of the action.

A voluntary dismissal without prejudice of a responding party's cause of action, or part of a cause of action, that is the subject of a motion under § 15-40-3 , does not affect a moving party's right to obtain a ruling on the motion and seek costs, attorney fees, and expenses under § 15-40-12 .

A voluntary dismissal with prejudice of a responding party's cause of action, or part of a cause of action, that is the subject of a motion under § 15-40-3 establishes, for the purpose of § 15-40-12 , that the moving party prevailed on the motion.

Source: SL 2026, ch 91, § 9.
S.D. Codified Laws § 15-5-11 — SD Code / Title 15 / Chapter 5 / Section 15-5-11
Grounds for change of venue
Status: in_force

The court may change the place of trial in the following cases:

(1) When the county designated for that purpose in the complaint is not the proper county;

(2) Where there is reason to believe that an impartial trial cannot be had therein;

(3) When the convenience of witnesses, and the ends of justice would be promoted by the change.

Source: SDC 1939 & Supp 1960, § 33.0306.
S.D. Codified Laws § 15-10-6 — SD Code / Title 15 / Chapter 10 / Section 15-10-6
Expungement of notice of pendency upon motion therefor--Showing necessary to defeat motion
Status: in_force

Any time after the notice of pendency of an action has been filed for record pursuant to § 15-10-1 or other law, the court in which the action is pending shall, upon motion of a party to the action supported by affidavit, order that the notice be expunged unless the party who filed the notice of pendency of the action shows by a preponderance of the evidence, that:

(1) The action does affect the title to the real property described in the notice; and

(2) The party recording the notice has commenced or prosecuted the action for a proper purpose and in good faith.

Source: SL 1980, ch 162, § 2.
S.D. Codified Laws § 15-5-4 — SD Code / Title 15 / Chapter 5 / Section 15-5-4
Venue of actions on fidelity bond executed by domestic company
Status: in_force

Actions on a fidelity bond executed by a surety, fidelity, or guaranty company organized under the laws of this state shall be tried in the county where the default or defalcation provided against in the bond occurred.

Source: SDC 1939, § 33.0302; SL 1943, ch 123.
S.D. Codified Laws § 15-17-39 — SD Code / Title 15 / Chapter 17 / Section 15-17-39
Evidence of debt for attorneys' fees upon default or foreclosure against public policy--Exception
Status: in_force

Any provision contained in any note, bond, mortgage, or other evidence of debt that provides for payment of attorneys' fees in case of default of payment or foreclosure is against public policy and void, except as authorized by specific statute.

Source: SL 1992, ch 148, § 4; SL 1993, ch 165.
S.D. Codified Laws § 15-26A-23 — SD Code / Title 15 / Chapter 26A / Section 15-26A-23
Form and amount of bond or deposit for costs
Status: in_force

Unless an appellant is exempted by law, or has filed a supersedeas bond or other undertaking which includes security for the payment of costs on appeal, a bond for costs on appeal or equivalent security shall be filed by the appellant with the clerk of the circuit court within the time provided by § 15-26A-6 ; but security shall not be required of an appellant who is not subject to costs. The bond or equivalent security shall be in the sum or value of five hundred dollars. A bond for costs shall have sufficient surety and shall be conditioned to secure the payment of costs if the appeal is dismissed, the judgment or order affirmed, or of such costs as the Supreme Court may direct if the judgment or order is modified or affirmed in part. After a bond for costs is filed, appellee may except to the form of the bond or to the sufficiency of the surety.

Source: Supreme Court Rule 79-1, Rule 7 (1); SDCL Supp, § 15-26A-11 .
S.D. Codified Laws § 15-7-11 — SD Code / Title 15 / Chapter 7 / Section 15-7-11
Proof of service on nonresident or absent aircraft operator
Status: in_force

Proof of the service as provided by § 15-7-10 must be attached to the original process. If the service is completed by mailing, such proof must include showing by affidavit that the address to which the copies were mailed was in fact the last known post office address of the defendant which the plaintiff could, with reasonable diligence, ascertain and must include also the registry or certified receipt issued by the postal authorities.

Source: SDC 1939, § 2.9905 as enacted by SL 1949, ch 8, § 3; SDC Supp 1960, § 2.0116.
S.D. Codified Laws § 15-3-17 — SD Code / Title 15 / Chapter 3 / Section 15-3-17
Tax payment vesting provisions not applicable to public lands or religious or charitable societies
Status: in_force

The provisions of §§ 15-3-15 and 15-3-16 shall not extend to school lands or to lands belonging to the United States or this state, or to religious or charitable societies, or to lands held for a public purpose.

Source: SDC 1939 & Supp 1960, § 33.0230.
S.D. Codified Laws § 15-6-76 — SD Code / Title 15 / Chapter 6 / Section 15-6-76
Settlement conference--Alternative dispute resolution
Status: in_force

Unless the parties have agreed to engage in alternative dispute resolution or are required to do so by contract or statute, the court may not, by order or local rule, require the parties to engage in a settlement conference or any other form of alternative dispute resolution.

Source: SL 2016, ch 238 (Supreme Court Rule 15-16 ), eff. Jan. 1, 2016.
S.D. Codified Laws § 15-15A-3 — SD Code / Title 15 / Chapter 15A / Section 15-15A-3
Definition of terms
Status: in_force

(1) "Court record" includes any document, information, or other thing that is collected, received or maintained by a clerk of court in connection with a judicial proceeding. "Court record" does not include other records maintained by the public official who also serves as clerk of court or information gathered, maintained or stored by a governmental agency or other entity to which the court has access but which is not part of the court record as defined in this section.

(2) Information in a court record "in electronic form" includes information that exists as: (a) electronic representations of text or graphic documents; (b) an electronic image, including a video image, of a document, exhibit or other thing; or (c) data in the fields or files of an electronic database.

(3) "Public access" means that the public may inspect and obtain a copy of the information in a court record unless otherwise prohibited by statute, court rule or a decision by a court of competent jurisdiction. The public may have access to inspect information in a court file upon payment of applicable fees.

(4) "Remote access" means the ability to electronically search, inspect, or copy information in a court record without the need to physically visit the court facility where the court record is maintained.

Source: SL 2004, ch 333 (Supreme Court Rule 04-06), eff. July 1, 2004; SL 2005, ch 291 (Supreme Court Rule 05-05), eff. Feb. 25, 2005.
S.D. Codified Laws § 15-15A-1 — SD Code / Title 15 / Chapter 15A / Section 15-15A-1
Purpose of rule of access to court records
Status: in_force

The purpose of this rule is to provide a comprehensive policy on access to court records. The rule provides for access in a manner that:

(1) Maximizes accessibility to court records,

(2) Supports the role of the judiciary,

(3) Promotes governmental accountability,

(4) Contributes to public safety,

(5) Minimizes risk of injury to individuals,

(6) Protects individual privacy rights and interests,

(7) Protects proprietary business information,

(8) Minimizes reluctance to use the court to resolve disputes,

(9) Makes most effective use of court and clerk of court staff,

(10) Provides excellent customer service, and

(11) Does not unduly burden the ongoing business of the judiciary.

The rule is intended to provide guidance to 1) litigants, 2) those seeking access to court records, and 3) judges, court and clerk of court personnel responding to requests for access.

Source: SL 2004, ch 333 (Supreme Court Rule 04-06), eff. July 1, 2004; SL 2005, ch 291 (Supreme Court Rule 05-05, eff. Feb. 25, 2005.
S.D. Codified Laws § 15-9-9 — SD Code / Title 15 / Chapter 9 / Section 15-9-9
Service by publication in actions involving property within state
Status: in_force

The court or a judge thereof may grant an order pursuant to § 15-9-7 where the subject of the action is property in this state and the defendant has or claims a lien or interest, actual or contingent therein, or the relief demanded consists wholly or partly in excluding the defendant from any interest in or lien thereon.

Source: SDC 1939 & Supp 1960, § 33.0812 (5).
S.D. Codified Laws § 15-7-16 — SD Code / Title 15 / Chapter 7 / Section 15-7-16
Continuance of action to permit defense by nonresident hunter
Status: in_force

When process is served pursuant to § 15-7-14 , the court in which the action is pending may order such continuances as may be necessary to afford the defendant or his personal representative reasonable opportunity to defend any such action, not exceeding ninety days from the date of the filing of such action in such court.

Source: SL 1961, ch 125.
S.D. Codified Laws § 15-26A-84 — SD Code / Title 15 / Chapter 26A / Section 15-26A-84
Order and content of argument
Status: in_force

The appellant is entitled to open and conclude the argument. The opening argument shall include a fair statement of the case. Counsel should not read at length from the record, briefs, or authorities.

Source: Supreme Court Rule 79-1, Rule 15 (3); SDCL Supp, § 15-26A-62 .
S.D. Codified Laws § 15-3-5 — SD Code / Title 15 / Chapter 3 / Section 15-3-5
Grantee of state limited by limitations applicable to state
Status: in_force

No action shall be brought for, or in respect to real property, by any person claiming by virtue of grants from the state unless the same might have been commenced as specified in § 15-3-4 , in case such grant had not been issued or made.

Source: SDC 1939 & Supp 1960, § 33.0215.
S.D. Codified Laws § 15-20-4 — SD Code / Title 15 / Chapter 20 / Section 15-20-4
Application of procedure to magistrate court judgments filed in circuit court
Status: in_force

The provisions of this chapter shall apply to judgments of magistrates' courts, transcripts of which have been filed in the circuit court, with the same force and effect as to judgments rendered by that court.

Source: SDC 1939 & Supp 1960, § 33.2409; SL 1974, ch 153, § 14.
S.D. Codified Laws § 15-18-13 — SD Code / Title 15 / Chapter 18 / Section 15-18-13
Officer to whom execution issued--Issue at same time in different counties--Real property sold in county where it lies
Status: in_force

When the execution is against the property of the judgment debtor, it may be issued to an officer of any county where the judgment is docketed, but it must be issued from the county where the judgment was rendered. When it requires the delivery of real or personal property, it must be issued to an officer of the county where the property, or some part thereof, is situated. Executions may be issued at the same time to different counties. Real property levied upon must be sold in the county wherein it lies, by an officer of such county who must execute a certificate of sale to the principal as provided in chapter 15-19 .

Source: SDC 1939 & Supp 1960, § 33.1902; SL 1973, ch 126, § 3; SL 1987, ch 398 (Supreme Court Rule 86-24).
S.D. Codified Laws § 15-18-14 — SD Code / Title 15 / Chapter 18 / Section 15-18-14
Power of officer to execute writ according to terms
Status: in_force

When a writ, warrant, or execution is placed in the hands of an officer, he shall have power and authority to execute the same according to its mandate and the law, and he shall be required to do so.

Source: SDC 1939 & Supp 1960, § 33.1907.
S.D. Codified Laws § 15-2-22 — SD Code / Title 15 / Chapter 2 / Section 15-2-22
Tolling of statute during disability--Maximum period of extension--Actions excepted
Status: in_force

If a person entitled to bring an action other than for the recovery of real property, except for a penalty or forfeiture, or against a sheriff or other officer for an escape, was at the time the cause of action accrued, either:

(1) Within the age of minority as defined in chapter 26-1 ; or

(2) Mentally ill;

The period within which the action shall be brought cannot be extended more than five years by any disability except infancy, nor can it be extended in any case longer than one year after the disability ceases.

The provisions of this section do not apply to actions for the foreclosure of any real estate mortgage, either by action or by advertisement.

Source: SDC 1939 & Supp 1960, § 33.0204; SL 1976, ch 145, § 3; SL 1983, ch 155, § 2; SL 1988, ch 175.
S.D. Codified Laws § 15-19-14 — SD Code / Title 15 / Chapter 19 / Section 15-19-14
Distinct parcels of real property sold separately--Exceptions
Status: in_force

When the real property consists of several distinct farms, tracts, lots, or parcels, they must be sold separately, unless:

(1) They consist of platted lots having a structure partly upon each, in which case they must be sold as one tract; or

(2) There is a paramount lien upon two or more separate farms, tracts, lots, or parcels, in which case such distinct farms, tracts, lots, or parcels must be sold as one tract, subject to such paramount lien.

Source: SDC 1939 & Supp 1960, § 33.2008.
S.D. Codified Laws § 15-12-28 — SD Code / Title 15 / Chapter 12 / Section 15-12-28
Time for filing after unanticipated change of judge or magistrate
Status: in_force

If the affidavit for change is against a judge or magistrate who is to preside who was not regularly scheduled to do so, the provision of § 15-12-27 shall govern if there be sufficient time after the party has knowledge or notice of such change of judge or magistrate, and if there is not sufficient time, the request for disqualification and the affidavit may be filed promptly after such knowledge or notice, but must be filed prior to the time set for the trial of such action.

Source: SDC 1939 & Supp 1960, § 33.1211; SDCL, § 15-12-7; Supreme Court Rule No. 3, 1972; Supreme Court Rule No. 75-5, § 9; Supreme Court Rule 82-23.
S.D. Codified Laws § 15-40-2 — SD Code / Title 15 / Chapter 40 / Section 15-40-2
Scope--Exclusions
Status: in_force

The provisions of this chapter do not apply to a cause of action asserted:

(1) Against a governmental unit or an employee or agent of a governmental unit acting or purporting to act in an official capacity;

(2) By a governmental unit or an employee or agent of a governmental unit acting in an official capacity to enforce a law, rule, regulation, or ordinance to protect against an imminent threat to public health or safety; or

(3) Against a person primarily engaged in the business of selling or leasing goods or services, if the cause of action arises out of a communication or lack of communication related to the person's sale or lease of the goods or services.

For purposes of this section, "goods or services" does not include the advertisement, creation, dissemination, exhibition or similar promotion of an artistic, dramatic, journalistic, literary, musical, or political work.

Source: SL 2026, ch 91, § 2.
S.D. Codified Laws § 15-17-60 — SD Code / Title 15 / Chapter 17 / Section 15-17-60
Disbursements caused by postponement of trial
Status: in_force

If a motion is made to a court or referee to postpone a trial, the payment of disbursements caused by the postponement may be awarded in the discretion of the court or referee as a condition of granting the postponement.

Source: SL 1992, ch 148, § 25.
S.D. Codified Laws § 15-6-46 — SD Code / Title 15 / Chapter 6 / Section 15-6-46
Exceptions unnecessary
Status: in_force

Formal exceptions to rulings or orders of the court are unnecessary; but for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which he desires the court to take or his objection to the action of the court and his grounds therefor; and, if a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection does not thereafter prejudice him.

Source: SDC 1939 & Supp 1960, § 33.1601; SD RCP, Rule 46, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1978, ch 178, § 565.
S.D. Codified Laws § 15-39-45.1 — SD Code / Title 15 / Chapter 39 / Section 15-39-45.1
Jurisdictional amount of claim
Status: in_force

No claim pursuant to this chapter may exceed twelve thousand dollars, not including allowable costs or attorney fees.

Source: SL 2011, ch 106, § 1.
S.D. Codified Laws § 15-38-23 — SD Code / Title 15 / Chapter 38 / Section 15-38-23
(Rule 2(a)) Contents of notice of appeal--Signature
Status: in_force

The notice of appeal shall specify the party or parties taking the appeal, shall designate the order or judgment, or part thereof, appealed from, and shall be signed by the appellant or his attorney.

Source: Supreme Court Rule 78-4, Rule 2 (a).
S.D. Codified Laws § 15-11-3 — SD Code / Title 15 / Chapter 11 / Section 15-11-3
Designation of days for trial of issues of law
Status: in_force

The court will from time to time designate days upon which issues of law will be tried.

Source: SDC 1939 & Supp 1960, § 33.1112; Supreme Court Rule 80-15.
S.D. Codified Laws § 15-21-3 — SD Code / Title 15 / Chapter 21 / Section 15-21-3
Notice of amercement given to officer of county other than that from which execution issued
Status: in_force

In all cases of a motion to amerce a sheriff or other officer of any county, other than the one from which the execution issued, notice in writing shall be given to such officer as required in § 15-21-1 by leaving it with him or at his office at least fifteen days before the hearing of such motion; or by transmitting the notice by mail at least thirty days prior to the hearing thereof.

Source: SDC 1939 & Supp 1960, § 33.2504.
S.D. Codified Laws § 15-14-2 — SD Code / Title 15 / Chapter 14 / Section 15-14-2
Order of presentation of evidence and argument by different counsel
Status: in_force

If several parties, having separate interests, appear by different counsel, the court must determine their relative order in the evidence and argument.

Source: SDC 1939 & Supp 1960, § 33.1307 (10).
S.D. Codified Laws § 15-26A-62 — SD Code / Title 15 / Chapter 26A / Section 15-26A-62
Reply brief
Status: in_force

The appellant may file a brief in reply to the brief of the appellee. The reply brief must be confined to new matter raised in the brief of the appellee and shall not exceed the page limitation set in § 15-26A-66 .

Source: Supreme Court Rule 79-1, Rule 12 (3); SDCL Supp, § 15-26A-44 ; SL 1993, ch 392 (Supreme Court Rule 93-9).
S.D. Codified Laws § 15-14-13 — SD Code / Title 15 / Chapter 14 / Section 15-14-13
Discharge of juror unable to proceed with trial--Proceedings after discharge
Status: in_force

If after the impaneling of a jury and before a verdict, a juror dies or becomes so sick as to be unable properly to perform his duty, or if a member of the immediate family of a juror dies or becomes so sick as to warrant the discharge of such juror, the court may order him to be discharged. In that case the trial may proceed with the other jurors if the parties so agree, or another juror may be sworn and the trial begin anew, or the jury may be discharged and a new jury then or afterward impaneled.

Source: SDC 1939 & Supp 1960, § 33.1326.
S.D. Codified Laws § 15-6-40 — SD Code / Title 15 / Chapter 6 / Section 15-6-40
(c).Proceeding in absence of party
Status: in_force

Either party from the time when a case is reached upon the calendar, and in the absence of the adverse party, unless the court for good cause shall otherwise direct, may proceed with the party's case and take a dismissal of the complaint, or a verdict, or judgment, as the case may require.

Source: SDC 1939 & Supp 1960, § 33.1305; SD RCP, Rule 40 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 2006, ch 313 (Supreme Court Rule 06-39), eff. July 1, 2006.The judges of the court shall provide by order or by rule for the placing of actions upon the trial calendar in such manner as the court deems expedient. Precedence shall be given to actions entitled thereto.

Source: SDC 1939 & Supp 1960, § 33.1111; SD RCP, Rule 40 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
S.D. Codified Laws § 15-10-11 — SD Code / Title 15 / Chapter 10 / Section 15-10-11
Expungement provisions, liability unaffected by
Status: in_force

Nothing in §§ 15-10-6 to 15-10-10 , inclusive, affects or limits the liability of a person recording a notice of pendency of action for damages proximately caused thereby.

Source: SL 1980, ch 162, § 7.
S.D. Codified Laws § 15-21-2 — SD Code / Title 15 / Chapter 21 / Section 15-21-2
Amercement of clerk for failure to pay over money received
Status: in_force

If any clerk of a court shall neglect or refuse on demand made by the person entitled thereto, his agent, or attorney of record, to pay over all money by him received in his official capacity for the use of such person, every such clerk may be amerced; and the proceedings against him and his sureties shall be the same as provided for in § 15-21-1 , against sheriffs and their sureties.

Source: SDC 1939 & Supp 1960, § 33.2502.
S.D. Codified Laws § 15-24-6 — SD Code / Title 15 / Chapter 24 / Section 15-24-6
General
Status: in_force

(a) Expanded media coverage must be conducted in conformity with applicable statutes, rules, and caselaw.

(b) Nothing herein shall alter the obligation of any attorney to comply with the provisions of the Rules of Professional Conduct governing trial publicity.

(c) Except as otherwise provided by these rules, electronic recording by moving camera, still camera, and audio tape, and broadcasting will be permitted of all judicial proceedings in the courtroom during sessions of the Supreme Court.

(d) There shall be no audio or video recording or broadcast of conferences between the attorneys and their clients, co - counsel, or justices.

(e) There shall be no audio or video recording or broadcast of in - chambers court conferences.

(f) There shall be no focusing on and photographing of materials on counsel or law clerk tables or the judicial bench.

(g) The courtroom shall not be used to conduct interviews before or after the judicial proceedings.

(h) No media film, videotape, still photograph or audio reproduction of a judicial proceeding shall be admissible as evidence in any subsequent or collateral proceeding, including any retrial or appeal thereof, except by order of the Supreme Court.

(i) The quantity and type of equipment permitted in the courtroom shall be subject to the discretion of the court within the guidelines set out in these rules.

(j) Notwithstanding the provisions of these rules, the court, upon written application, may permit the use of equipment or techniques at variance with these rules, provided the application for variance is made at least ten days prior to the scheduled judicial proceeding. Variances may be allowed by the court without advance application or notice if all counsel and parties consent.

(k) It shall be the responsibility of the media to settle disputes among media representatives, facilitate pooling where necessary, and implement procedures that meet the approval of the court prior to any coverage and without disruption to the court. The media coordinator will coordinate media coverage and act as liaison between the media and the court.

(l) The court reserves the right to obtain, for historical purposes, a copy of any audio recordings, visual tape or film recordings or published photographs made of its proceedings. The media coordinator will be responsible for providing the court with this duplicate copy.

(m) All expenses incurred in expanded media coverage of the judicial proceedings, including duplication of materials to provide to the court, shall be the responsibility of the news media.

(n) The rights provided for herein may be exercised only by persons or organizations that are part of the news media.

(o) Under all circumstances, the court retains the discretion to exclude or terminate electronic coverage or broadcast of its proceedings. This discretion is not to be exercised in an effort to edit the proceedings, but where deemed necessary in the interests of justice or where these rules have been violated. This rule does not otherwise limit or restrict the first amendment rights of the news media to cover and report judicial proceedings.

(p) The court shall retain ultimate control of the application of these rules over the broadcasting, recording or photographing of its proceedings. Any decision made by the court or Chief Justice for the court under these rules is final and not subject to appeal.

(q) These rules are designed primarily to provide guidance to media and courtroom participants and are subject to withdrawal or amendment by the court at any time.

(r) Failure to comply with the court's rules or orders regarding coverage and broadcast is punishable by sanction or contempt proceedings pursuant to South Dakota law.

Source: Supreme Court Rule 01-08.
S.D. Codified Laws § 15-9-7 — SD Code / Title 15 / Chapter 9 / Section 15-9-7
Service by publication when defendant not found in state
Status: in_force

A summons, writ, order, or decree may be served by publication under the conditions and in the manner provided hereinafter and in §§ 15-9-8 to 15-9-21 , inclusive.

Where the person on whom the service of the summons, writ, order, or decree is to be made cannot, after due diligence, be found within the state and that fact appears by affidavit to the satisfaction of the court or a judge thereof, and it in like manner appears that a cause of action exists against the defendant in respect to whom the service is to be made or that he is a proper party to an action relating to real or personal property in this state, or to the writ, order, or decree, such court or judge may grant an order that the service be made by publication of the summons in any of the cases described in §§ 15-9-8 to 15-9-15 , inclusive.

Source: SDC 1939 & Supp 1960, § 33.0812.
S.D. Codified Laws § 15-39-67 — SD Code / Title 15 / Chapter 39 / Section 15-39-67
Amendment of claim or answer
Status: in_force

The court may at any time allow any claim or answer to be amended.

Source: SDC 1939 & Supp 1960, § 33.4113; SDCL, § 15-39-30; Supreme Court Rule 81-4.
S.D. Codified Laws § 15-8-1 — SD Code / Title 15 / Chapter 8 / Section 15-8-1
Remedies available where some but not all defendants served
Status: in_force

Where an action is against two or more defendants, and the summons is served on one or more but not on all of them, the plaintiff may proceed as provided by §§ 15-8-2 and 15-8-3 .

Source: SDC 1939 & Supp 1960, § 33.0818.
S.D. Codified Laws § 15-19-10 — SD Code / Title 15 / Chapter 19 / Section 15-19-10
Time and place of real property sales
Status: in_force

Judicial sales of real estate may be held on any day except Sunday and must be held between the hours of nine o'clock in the forenoon and four o'clock in the afternoon.

Such sales shall be held at the front door of the courthouse of the county in which the real property is situated, except as provided in §§ 15-19-11 and 15-19-12 .

Source: SDC 1939 & Supp 1960, § 33.2007.
S.D. Codified Laws § 15-5-12 — SD Code / Title 15 / Chapter 5 / Section 15-5-12
Continuation of proceedings after change of venue--Transfer of papers
Status: in_force

When the place of trial is changed all other proceedings shall be had in the county to which the place of trial is changed, unless otherwise provided by the consent of the parties, in writing, duly filed, or by order of the court; and the papers shall be filed or transferred accordingly.

Source: SDC 1939 & Supp 1960, § 33.0306.
S.D. Codified Laws § 15-39-62 — SD Code / Title 15 / Chapter 39 / Section 15-39-62
Docket entries transmitted on removal to circuit court
Status: in_force

Upon removal of a cause to the circuit or magistrate court the original docket entries, or in case of removal by some of several defendants, an attested copy thereof shall be transmitted to the clerk of the circuit or magistrate court.

Source: SDC 1939 & Supp 1960, § 33.4119; SDCL, § 15-39-22; Supreme Court Rule 81-4.
S.D. Codified Laws § 15-17-53 — SD Code / Title 15 / Chapter 17 / Section 15-17-53
Reduction or disallowance of disbursements for hardship
Status: in_force

The court may reduce or disallow a taxation of disbursements that would be oppressive or work a hardship.

Source: SL 1992, ch 148, § 18.
S.D. Codified Laws § 15-18-12 — SD Code / Title 15 / Chapter 18 / Section 15-18-12
Execution directing application of principal debtor's property before that of surety
Status: in_force

In all cases where judgment is rendered upon any instrument in writing in which two or more persons are severally bound, and it shall be made to appear to the court, by parol or other testimony, that one or more of said persons so bound signed the same as surety or bail for his codefendant, the court must in entering the judgment thereon state which of the defendants is principal debtor and which are sureties or bail. An execution issued on such judgment must command the sheriff or other officer to cause the money to be made out of the property of the principal debtor, but, for want of sufficient property of the principal debtor to make the same, to cause the same to be made out of the property of the surety or bail. In all cases the property, both real and personal, of the principal debtor, within the jurisdiction of the court must be exhausted before any of the property of the surety or bail shall be taken in execution.

Source: SDC 1939 & Supp 1960, § 33.1905.
S.D. Codified Laws § 15-3-15 — SD Code / Title 15 / Chapter 3 / Section 15-3-15
Vesting of title by possession and payment of taxes for ten years under color of title--Continuation of possession and tax payment by successor in interest
Status: in_force

Every person in the actual possession of lands or tenements under claim and color of title made in good faith, and who shall have continued for ten successive years in such possession, and shall also during said time have paid all taxes legally assessed on such lands or tenements, shall be held and adjudged to be the legal owner of said lands or tenements to the extent and according to the purport of his paper title. All persons holding under such possession by purchase, devise, or descent before said ten years shall have expired, and who shall have continued such possession and payment of taxes as aforesaid so as to complete said term of ten years of such possession and payment of taxes, shall be entitled to the benefit of this section.

Source: SDC 1939 & Supp 1960, § 33.0228.
S.D. Codified Laws § 15-7-17 — SD Code / Title 15 / Chapter 7 / Section 15-7-17
Consent to jurisdiction by persons selling property or services to residents--Service
Status: in_force

Any person selling property or services to residents of this state, where the property is delivered to this state or the beneficial use of the service occurs in this state, is considered to have consented to the jurisdiction of the courts of this state for the exclusive purpose of enforcing § 10-46-18.3 . Service of process upon persons subject to this section may be made by service outside this state in the same manner provided for service within this state with the same force and effect as though service had been made within this state.

Source: SL 1987, ch 109, § 2.
S.D. Codified Laws § 15-8-4 — SD Code / Title 15 / Chapter 8 / Section 15-8-4
Summons to enforce judgment against joint contract debtors not summoned in original action
Status: in_force

When a judgment shall be recovered against one or more of several persons jointly indebted upon a contract, by proceeding as provided in §§ 15-8-1 to 15-8-3 , inclusive, those who were not originally summoned to answer the complaint, and did not appear in the action, may be summoned to show cause why they should not be bound by the judgment, in the same manner as if they had been originally summoned.

Source: SDC 1939 & Supp 1960, § 33.2301.
S.D. Codified Laws § 15-16A-3 — SD Code / Title 15 / Chapter 16A / Section 15-16A-3
Fees payable
Status: in_force

Any person filing a foreign judgment shall pay to the clerk of courts the fee set by § 16-2-29 . Fees for docketing, transcription, or other enforcement proceedings shall be the same as for judgments of the circuit court of this state.

Source: SL 1975, ch 160, § 5; SL 1984, ch 12, § 12.
S.D. Codified Laws § 15-2-2 — SD Code / Title 15 / Chapter 2 / Section 15-2-2
Application of limitations to actions by or for state--Exceptions
Status: in_force

The limitations prescribed in this chapter and chapter 15-3 shall apply to actions brought in the name of the state, or for its benefit, in the same manner as to actions by private parties, unless otherwise specifically prescribed by law. However, no statute of limitation or repose may apply against the state or other governmental entity seeking to recover damages from any person who has failed to warn the state or other governmental entity of known defects in any product provided by him to the state or other governmental entity or to a contractor on behalf of the state or other governmental entity.

Source: SDC 1939 & Supp 1960, § 33.0237; SL 1988, ch 174, § 1.
S.D. Codified Laws § 15-15-4. — SD Code / Title 15 / Chapter 15 / Section 15-15-4.
15-15-4.. Sale or destruction of exhibits if not collected when judgment final--Retention of necessary copies--Fee
Status: in_force

Whenever the decision or judgment of the court has become final, the clerk of courts shall give notice to the attorneys or parties of record by electronic or first-class mail that the exhibits in the possession of the clerk, if not collected within thirty days, shall upon order of the court be destroyed or sold at sale under chapter 15-19 . However, upon proper application to the court, the exhibit may be preserved as a part of the permanent record in the files. If an exhibit is a necessary part of the judgment or consists of a written instrument establishing the liability of a party against whom judgment has been rendered, a copy of it shall be made and retained by the clerk and the original canceled by endorsement across its face before being returned to the person entitled thereto as determined by the court. Unless the person entitled thereto as determined by the court shall furnish a true copy of such exhibit, he shall pay the fee of the clerk for making such copy.
S.D. Codified Laws § 15-26A-40 — SD Code / Title 15 / Chapter 26A / Section 15-26A-40
New undertaking required when security insufficient--Dismissal of appeal or vacation of stay on failure to file new undertaking
Status: in_force

The Supreme Court, upon satisfactory proof that any surety to an undertaking given under this title has become insolvent, or that his circumstances have become so precarious that there is reason to apprehend that the undertaking is insufficient security, may in its discretion require the appellant to file and serve a new undertaking, with such sureties and in such time as shall be prescribed, and that in default thereof the appeal shall be dismissed or the stay of proceedings vacated, and the execution or performance of the judgment or order be allowed to be enforced without further delay.

Source: SDC 1939 & Supp 1960, § 33.0725; SDCL, § 15-28-4 .
S.D. Codified Laws § 15-13-2 — SD Code / Title 15 / Chapter 13 / Section 15-13-2
Purposes for which reference made without agreement of parties
Status: in_force

When the parties do not consent the court may, upon the application of either, or of its own motion, direct a reference in the following cases:

(1) When the trial of an issue of fact requires the examination of a long account on either side; in which case the referee may be directed to hear and decide the whole issue or report upon any specific question of fact involved therein;

(2) When the taking of an account is necessary for the information of the court before judgment or for carrying a judgment or order into effect;

(3) When it is necessary for the information of the court in a special proceeding;

(4) When the case raises issues regarding any of the natural resources of this state, including, but not limited to, all minerals, uranium, oil, gas, coal, air, and water.

Source: SDC 1939 & Supp 1960, § 33.1502; Supreme Court Rule 82-12.
S.D. Codified Laws § 15-26C-1 — SD Code / Title 15 / Chapter 26C / Section 15-26C-1
Electronic filing
Status: in_force

(1) Except as specifically exempted by these rules or court order, attorneys shall electronically file all documents, including petitions, notices of review, motions and briefs, and any appendices with the Supreme Court through the Odyssey® electronic filing system unless advance permission is granted by the court allowing paper filing or filing through any other method. Self-represented litigants may file electronically but shall not be required to file electronically.

(2) Registered users will receive electronic notice when documents are entered into the system. Registration for electronic filing constitutes written consent to electronic service of all documents filed in accordance with these rules.

(3) A document filed electronically has the same legal effect as an original paper document.

(4) The typed attorney or party name or electronic signature on a document filed electronically has the same effect as an original manually affixed signature.

(5) A party electronically filing a document that is not accessible to the public, in whole or in part, is responsible for redaction or designating the document as confidential or sealed before transmitting it to the Supreme Court. For any document containing information where redaction is required, in whole or in part, pursuant to chapter 15-15A or order of the Supreme Court or circuit court, the original unredacted document shall also be filed electronically. It is the responsibility of the parties to seek advance approval from the Supreme Court for submitting a document as sealed or confidential if that document is not already declared confidential or sealed by existing law, court rules or order.

Source: SL 2014, ch 253 (Supreme Court Rule 13-11), eff. Jan. 1, 2014; SL 2019, ch 222 (Supreme Court Rule 19-01), dated Feb. 25, 2019; Supreme Court Order dated Aug. 30, 2022; SL 2023, ch 227 (Supreme Court Rule 23-10), eff. Apr. 1, 2023.
S.D. Codified Laws § 15-11-7 — SD Code / Title 15 / Chapter 11 / Section 15-11-7
Affidavit to support continuance on absence of witness--Contents
Status: in_force

An application for continuance on account of the absence of a witness must be supported by the affidavit of the party, his agent, or attorney, stating:

(1) The name and residence of such witness, or if unknown, the efforts made to ascertain the same;

(2) The testimony such witness would give if present, in narrative form or by questions and answers as in a deposition; that the affiant believes such testimony to be true and knows of no other person by whom the same facts may be proven, or if he knows of such other person, then the reasons why the testimony of such witness is necessary;

(3) The reason why the deposition of the witness was not taken;

(4) What efforts have been made to obtain the attendance of the witness or his testimony;

(5) Facts showing ground for belief that the attendance or deposition of such witness may be procured at the next term of the court.

Source: SDC 1939 & Supp 1960, § 33.1117.
S.D. Codified Laws § 15-5-3 — SD Code / Title 15 / Chapter 5 / Section 15-5-3
Venue of actions on life, health and accident insurance policies
Status: in_force

Actions on a life, health, or accident insurance policy issued by a company organized under the laws of this state shall be tried in the county where the insured resided at the time a liability is alleged to have accrued under the policy.

Source: SDC 1939, § 33.0302; SL 1943, ch 123.
S.D. Codified Laws § 15-16A-2 — SD Code / Title 15 / Chapter 16A / Section 15-16A-2
Filing of authenticated copy of foreign judgment--Treatment and effect
Status: in_force

A copy of any foreign judgment authenticated in accordance with the act of Congress or the statutes of this state may be filed in the office of the clerk of any circuit court of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of the circuit court of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of a circuit court of this state and may be enforced or satisfied in like manner.

Source: SL 1975, ch 160, § 2.
S.D. Codified Laws § 15-26A-71 — SD Code / Title 15 / Chapter 26A / Section 15-26A-71
Amendment of briefs--Terms for allowance
Status: in_force

The Supreme Court, or the Chief Justice, may permit the service and filing of amendments to any of the briefs on file in the appeal, and may in the order therefor, prescribe the time for service and filing of such an amendment and the allowance of time for reply thereto and for such terms therein as to the court may seem warranted.

Source: SDC 1939 & Supp 1960, § 33.0748; SDCL, § 15-29-28 ; Supreme Court Rule 80-2.
S.D. Codified Laws § 15-20-9 — SD Code / Title 15 / Chapter 20 / Section 15-20-9
Self-incrimination not ground for refusing to answer--Immunity from prosecution
Status: in_force

No person shall on examination pursuant to this chapter be excused from answering any question on the ground that his examination will tend to convict him of the commission of a fraud; but his answer shall not be used as evidence against him in any criminal proceeding or prosecution. Nor shall he be excused from answering any question on the ground that he has, before the examination, executed any conveyance, assignment, or transfer of his property for any purpose, but his answer shall not be used as evidence against him in any criminal proceeding or prosecution.

Source: SDC 1939 & Supp 1960, § 33.2401.
S.D. Codified Laws § 15-38-35 — SD Code / Title 15 / Chapter 38 / Section 15-38-35
(Rule 5(d)) Form of transcript
Status: in_force

The transcript shall be prepared in the form and manner prescribed for transcripts in appeals to the Supreme Court.

Source: Supreme Court Rule 78-4, Rule 5 (d).
S.D. Codified Laws § 15-39-68 — SD Code / Title 15 / Chapter 39 / Section 15-39-68
Disposition of claim on failure of plaintiff to appear for hearing
Status: in_force

If the plaintiff does not appear at any time set for hearing, the court may dismiss the claim for want of prosecution or enter a finding on the merits for the defendant or make such other disposition as may be proper.

Source: SDC 1939 & Supp 1960, § 33.4114; SDCL, § 15-39-32; Supreme Court Rule 81-4.
S.D. Codified Laws § 15-26A-20 — SD Code / Title 15 / Chapter 26A / Section 15-26A-20
Certification of record on petition for appeal from intermediate order
Status: in_force

The Supreme Court, for purposes of determination of a petition for allowance of an appeal from an intermediate order, may direct the certification to the court of any portion of the record in the court below.

Source: SDC 1939 & Supp 1960, § 33.0706; SDCL, § 15-26-17 .
S.D. Codified Laws § 15-15A-2 — SD Code / Title 15 / Chapter 15A / Section 15-15A-2
Who has access to court records under the rule
Status: in_force

Every member of the public has the same access to court records as provided in this rule, except as provided otherwise by statute or rule and except as provided in § 15-15A-7 .

"Public" includes:

(1) any person and any business or non-profit entity, organization or association;

(2) any governmental agency for which there is no existing policy, statute or rule defining the agency's access to court records;

(3) media organizations.

"Public" does not include:

(4) court or clerk of court employees;

(5) people or entities, private or governmental, who assist the court in providing court services;

(6) public agencies whose access to court records is defined by another statute, rule, order, policy or database access agreement with the South Dakota Unified Judicial System;

(7) the parties to a case or their lawyers regarding access to the court record in their case, which may be defined by statute or rule.

Source: SL 2004, ch 333 (Supreme Court Rule 04-06), eff. July 1, 2004; SL 2005, ch 291 (Supreme Court Rule 05-05), eff. Feb. 25, 2005.
S.D. Codified Laws § 15-39-47 — SD Code / Title 15 / Chapter 39 / Section 15-39-47
Persons authorized to act as attorney--Notice to attorney
Status: in_force

The term, attorney, in this chapter means an attorney-at-law, who is an active member of the State Bar of the State of South Dakota, in good standing, one of a number of partners or joint plaintiffs, acting for all, an officer, manager, or local manager of a corporation acting for it, a member, manager, or local manager of a limited liability company acting for it, or, in the case of actions by or against the State of South Dakota, its agencies, or its employees acting within the scope of their employment, a representative designated in writing by the commissioner of the Bureau of Human Resources and Administration; and, unless and until there is a removal of the action pursuant to § 15-39-57 . A representative of the Bureau of Human Resources and Administration is not required to have an appointment from the attorney general in order to appear in small claims court. The term includes an assignee of any claim, or the agent, manager, or officer of an assignee of any claim, if the assignment is bona fide and for a valuable consideration. Any assignment made for collection purposes only is considered bona fide, within the meaning of this chapter. In the event of removal pursuant to § 15-39-57 , the term does not include such assignee or officer, agent, manager or local manager thereof or of a corporation or representative designated by the commissioner of human resources and administration.

Notice to such attorney for a party shall be equivalent to notice to such party.

Source: SDC 1939, § 33.4106; Supreme Court Rule adopted May 1, 1942; SDCL § 15-39-7; SL 1978, ch 147, § 1; Supreme Court Rule 81-4; SL 1996, ch 5, § 4; SL 2014, ch 251 (Supreme Court Rule 13-09), eff. Jan. 1, 2014; SL 2024, ch 1 (Ex. Ord. 24-1), § 34, eff. Apr. 8, 2024.
S.D. Codified Laws § 15-2-3 — SD Code / Title 15 / Chapter 2 / Section 15-2-3
Cause of action based on fraud accruing on discovery or notice
Status: in_force

In an action for relief on the ground of fraud the cause of action shall not be deemed to have accrued until the aggrieved party discovers, or has actual or constructive notice of, the facts constituting the fraud.

Source: SDC 1939 & Supp 1960, § 33.0235; SL 1961, ch 178.
S.D. Codified Laws § 15-26A-77 — SD Code / Title 15 / Chapter 26A / Section 15-26A-77
Stipulation waiving default in filing of briefs--Court order extending time
Status: in_force

Provided that no order of dismissal has been entered, when there has been default in the serving and filing of a brief within the time fixed by § 15-26A-75 , counsel may stipulate in writing waiving such default; and if there shall be attached to such stipulation an affidavit setting forth facts constituting reasonable excuse for such default, the court or Chief Justice may, in its or his discretion, make an order excusing such default and extending the time for serving and filing such brief.

Source: SDC 1939 & Supp 1960, § 33.0746; SDCL, § 15-29-24 ; Supreme Court Rule 80-2.
S.D. Codified Laws § 15-19-13 — SD Code / Title 15 / Chapter 19 / Section 15-19-13
Real property sold at public auction to highest bidder
Status: in_force

Execution sales of real property must be made at public auction, to the highest bidder, for cash.

Source: SDC 1939 & Supp 1960, § 33.2008.
S.D. Codified Laws § 15-19-20 — SD Code / Title 15 / Chapter 19 / Section 15-19-20
Return of sale of real property--Contents
Status: in_force

The officer or person making an execution sale of real property shall within ten days after such sale file in the court a verified written return of such sale reciting generally his proceedings and which must contain among other things, the following:

(1) A description of the judgment, execution, order, and other authority for making the sale, which description may be made by reference sufficient to identify the same;

(2) Proof of publication of notice of sale and copy of the notice as published;

(3) A description of the property sold, the price bid and paid for each part thereof, and the name of the purchaser;

(4) A fully itemized statement and account of the items due and the costs, fees, and expenses of the sale, and the total amount realized and the surplus or deficiency, if any;

(5) If the order of sale was directed by the owner, debtor, or other person having authority so to do, a recital of such proceedings;

(6) A statement that the said sale was in all respects lawfully and honestly conducted and that the officer conducting the sale was not directly or indirectly interested therein in his private or individual right;

(7) A statement of any postponements of the sale and proof of publication or announcement of notice thereof.

Source: SDC 1939 & Supp 1960, § 33.2011.
S.D. Codified Laws § 15-38-25 — SD Code / Title 15 / Chapter 38 / Section 15-38-25
(Rule 2(c)) Filing of notice of appeal--Proof of service
Status: in_force

Before the expiration of the time of appeal, the appellant shall file the notice of appeal with the clerk of the circuit court to which the appeal is to be taken. The clerk shall not accept for filing a notice of appeal unless accompanied by a proof of service of a conformed copy thereof on each party other than the appellant.

Source: Supreme Court Rule 78-4, Rule 2 (c).
S.D. Codified Laws § 15-6-1 — SD Code / Title 15 / Chapter 6 / Section 15-6-1
Scope of Chapter
Status: in_force

This chapter governs the procedure in the circuit courts of the State of South Dakota in all suits of a civil nature, with the exceptions stated in § 15-6-81 . It shall be construed to secure the just, speedy and inexpensive determination of every action.

Source: SD RCP, Rule 1, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
S.D. Codified Laws § 15-14-5 — SD Code / Title 15 / Chapter 14 / Section 15-14-5
Drawing of names from container
Status: in_force

If an electronic process is not used, the clerk shall, under the direction of the court, publicly draw from the container the appropriate number of ballots to form the jury. Before the name of any juror is drawn, the container shall be closed and the contents shall be intermingled. The clerk shall then, without looking at the ballots, draw them from the container.

Source: SDC 1939 & Supp 1960, § 33.1308; SL 2003, ch 115, § 2.
S.D. Codified Laws § 15-7-3 — SD Code / Title 15 / Chapter 7 / Section 15-7-3
Service of process outside the state
Status: in_force

Service of process upon the persons subject to § 15-7-2 may be made by service outside this state in the same manner provided for service within this state with the same force and effect as though service had been made within this state.

Source: SL 1965, ch 163, § 3.
S.D. Codified Laws § 15-25-2 — SD Code / Title 15 / Chapter 25 / Section 15-25-2
Application to commence proceeding--Fee--Filing
Status: in_force

Application for permission to commence such action or proceeding and to fix the procedure to be followed therein shall be accompanied by the form of plaintiff's proposed pleading and by a filing fee. The application, proposed complaint and supporting papers, if any, shall be filed with the clerk of the Supreme Court.

Source: SDC 1939 & Supp 1960, § 33.0602; Supreme Court Order dated and effective September 14, 1972; SL 2023, ch 218 (Supreme Court Rule 23-02), eff. Apr. 1, 2023.
S.D. Codified Laws § 15-9-13 — SD Code / Title 15 / Chapter 9 / Section 15-9-13
Service by publication on absconding resident defendant
Status: in_force

The court or a judge thereof may grant an order pursuant to § 15-9-7 where the defendant, being a resident of this state, has departed therefrom with intent to defraud his creditors or to avoid the service of a summons or keeps himself concealed therein with like intent.

Source: SDC 1939 & Supp 1960, § 33.0812 (2).
S.D. Codified Laws § 15-14-10.3 — SD Code / Title 15 / Chapter 14 / Section 15-14-10.3
Selection of prospective jurors
Status: in_force

When prospective jurors are called for examination, the court shall allow selection by either § 15-14-10.2 or 15-14-10 .

Source: Supreme Court Rule 97-4.