S.D. Codified Laws § 21-25B-20 — SD Code / Title 21 / Chapter 25B / Section 21-25B-20
Panel members to receive copies of statements
Status: in_force

The arbitration officer shall send copies of the written statements of claim and of the defendant's case to the panel members upon their selection.

Source: SL 1976, ch 155, § 19.
S.D. Codified Laws § 21-14-6 — SD Code / Title 21 / Chapter 14 / Section 21-14-6
Determination of title, removal of clouds and commissioner's conveyance on absence or refusal of defendant to convey real property
Status: in_force

In all actions arising under chapter 21-41 , in actions brought for the satisfaction of record of mortgages and other liens upon real property, and in actions for the specific performance of contracts relating to real property, whenever the defendant is not found within the jurisdiction of the court and service of summons therein is made by publication or personally without the state, or whenever any defendant refuses or neglects to make a conveyance or cancel an encumbrance pursuant to the judgment of the court, the court may, by its judgment, determine and establish the title to the property, remove all clouds therefrom, or appoint a commissioner to convey the property on behalf of such defendant.

Source: SL 1889, ch 111; RCCivP 1903, § 691; RC 1919, § 2871; SDC 1939 & Supp 1960, § 37.1509.
S.D. Codified Laws § 21-24-13 — SD Code / Title 21 / Chapter 24 / Section 21-24-13
Review of declaratory orders and judgments
Status: in_force

All orders, judgments, and decrees under this chapter may be reviewed as other orders, judgments, and decrees.

Source: SL 1925, ch 214, § 7; SDC 1939 & Supp 1960, § 37.0107.
S.D. Codified Laws § 21-28-14 — SD Code / Title 21 / Chapter 28 / Section 21-28-14
Duty of state's attorney to bring action against corporation--Security to indemnify state
Status: in_force

It shall be the duty of any state's attorney, whenever he shall have reason to believe that any of the acts or omissions described in § 21-28-12 can be established by proof, to apply for leave, and upon leave granted, to bring an action in every case of public interest and also in every other case in which security shall be given to indemnify the state against the costs and expenses to be incurred thereby.

Source: CCivP 1877, § 532; CL 1887, § 5346; RCCivP 1903, § 571; RC 1919, § 2782; SL 1919, ch 289, § 2; SDC 1939 & Supp 1960, § 37.0502.
S.D. Codified Laws § 21-25A-1 — SD Code / Title 21 / Chapter 25A / Section 21-25A-1
Enforceability of arbitration clauses in written contracts--Labor contracts
Status: in_force

A written agreement to submit any existing controversy to arbitration or a provision in a written contract to submit to arbitration any controversy thereafter arising between the parties is valid, enforceable and irrevocable, save upon such grounds as exist at law or in equity for the revocation of any contract. This chapter also applies to arbitration agreements between employers and employees or between their respective representatives.

Source: SL 1971, ch 157, § 1; SL 1976, ch 155, § 1.
S.D. Codified Laws § 21-54-11 — SD Code / Title 21 / Chapter 54 / Section 21-54-11
Purchaser's title absolute and beyond redemption--Certificate or bill of sale--Evidence sufficient for registration of title
Status: in_force

The title of a purchaser at any such sale shall be absolute and beyond redemption and it may be evidenced by a certificate or bill of sale from the party making the sale or from the report of sale as filed, and the report of sale shall be prima facie evidence of its contents. In the case of motor vehicles or other articles of which public registry of title is required by law, any such evidence of conveyance shall be sufficient to require registration of such vehicles or articles and for the issue of new title or other certificate accordingly.

Source: SDC 1939 & Supp 1960, § 37.3408.
S.D. Codified Laws § 21-34-7 — SD Code / Title 21 / Chapter 34 / Section 21-34-7
Officers empowered to serve process and carry out orders of court
Status: in_force

All wardens, sheriffs, marshals, policemen, and peace officers of the state shall have jurisdiction to serve the papers, process, and otherwise carry out the orders and process of any court, lawfully made pursuant to the provisions of this chapter.

Source: SDC 1939, § 65.0107.
S.D. Codified Laws § 21-49-14 — SD Code / Title 21 / Chapter 49 / Section 21-49-14
Forms of mortgages authorized--Address and description requirements not applicable
Status: in_force

Real estate mortgages, in any form, including but not limited to, open end mortgages, collateral real estate mortgages, renegotiated rate mortgages, shared appreciation mortgages, and variable rate mortgages are authorized under the provisions of this chapter. The provisions of § 7-9-7 shall not be applicable to proceedings under this chapter.

Source: SL 1977, ch 187, § 4; SL 1981, ch 170, § 2.
S.D. Codified Laws § 21-32-3 — SD Code / Title 21 / Chapter 32 / Section 21-32-3
Filing of petition on claim for which no appointment--Certification to presiding circuit judge--Appointment of commissioner--Filing if claim arose, or petitioner resides, out of state
Status: in_force

Upon the filing with the clerk of courts of the county in which such claim arose of a petition in form of a complaint duly verified, setting forth, among other things that the petitioner has a just and meritorious claim against the State of South Dakota for the payment of which no appropriation exists, the clerk of courts, upon payment of his fees, shall certify under his seal to the presiding circuit judge of the circuit in which such county lies the said petition whereupon the said presiding circuit judge shall appoint a circuit judge who shall act as such commissioner of claims as provided in this chapter. If the claim arose, or was otherwise reduced to judgment, in a jurisdiction outside of South Dakota, the petition shall be filed with the clerk of courts of the county where the petitioner resides or, if the petitioner does not reside in South Dakota, with the clerk of courts of Hughes County.

Source: SL 1947, ch 156, § 2; SDC Supp 1960, § 33.4302; SL 1978, ch 157, § 2; SL 1992, ch 167.
S.D. Codified Laws § 21-3A-8 — SD Code / Title 21 / Chapter 3A / Section 21-3A-8
Posting of security by judgment debtor or insurer--Failure to comply--Right to lump-sum payment--Wrongful death action--Right of reimbursement
Status: in_force

If the court enters a judgment for periodic installments, each party liable for all or a portion of the judgment, unless found to be incapable of doing so under subdivision 21-3A-5(4), shall separately or jointly with one or more others post security in an amount equal to the present lump - sum equivalent of the unpaid judgment, including past damages, in a form prescribed in § 21-3A-7 , within thirty days after the date the judgment is subject to execution. A liability insurer having a contractual obligation and any other person adjudged to have an obligation to pay all or part of a judgment for periodic installments on behalf of a judgment debtor is obligated to post security to the extent of its contractual or adjudged obligation if the judgment debtor has not done so.

A judgment creditor or successor in interest and any party having rights under this section may move that the court find that security has not been posted and maintained with regard to a judgment obligation owing to the moving party. Upon so finding, the court shall calculate the lump - sum equivalent of the obligation under § 21-3A-9 and enter a judgment for that amount in favor of the moving party.

Upon motion by the claimant, or the beneficiaries in an action for wrongful death, the court, in the absence of a showing of good cause, shall enter a lump - sum judgment without applying the discount factor in § 21-3A-9 if:

(1) A responding party elects to have this chapter apply and makes the required showing as to security under § 21-3A-2 , but thereafter fails to post security; or

(2) A party fails to maintain security.

If a judgment debtor who is the only person liable for a portion of a judgment for periodic installments fails to post and maintain security, the right to lump - sum payment described in this section applies only against that judgment debtor and the portion of the judgment so owed.

If more than one party is liable for all or a portion of a judgment requiring security under this chapter and the required security is posted by one or more but fewer than all of the parties liable, the security requirements are satisfied and those posting security may proceed under this section to enforce rights for security or lump - sum payment to satisfy or protect rights of reimbursement from a party not posting security.

Source: SL 1986, ch 163, § 8; SL 1988, ch 181, § 5.
S.D. Codified Laws § 21-18-40 — SD Code / Title 21 / Chapter 18 / Section 21-18-40
Judgment not entered against state as garnishee--Summons of state operating as assignment
Status: in_force

No judgment shall be entered against the State of South Dakota, nor shall any actual liability be incurred by the state in any garnishment proceeding. Any judgment entered against the principal defendant when the state is garnishee shall be paid only out of moneys due such principal defendant at the time of the service of the summons in garnishment and service of such summons on the state shall be of the same force and effect only as an assignment of the sum claimed or as much thereof as may be due the defendant from the state.

Source: SL 1927, ch 135, § 3; SDC 1939 & Supp 1960, § 37.2817.
S.D. Codified Laws § 21-18-39 — SD Code / Title 21 / Chapter 18 / Section 21-18-39
Judgment against garnishee on failure to answer
Status: in_force

If any garnishee, except the state, is summoned and fails to answer as required by this chapter, the court may render judgment against the garnishee for the amount of any judgment, including costs, which the plaintiff has recovered in the principal action, together with the costs of the garnishee action.

Source: SL 1909, ch 156, § 10; RC 1919, § 2462; SDC 1939 & Supp 1960, § 37.2817; SL 2016, ch 116, § 14.
S.D. Codified Laws § 21-38-2 — SD Code / Title 21 / Chapter 38 / Section 21-38-2
Venue of restoration proceedings
Status: in_force

The venue of proceedings to establish or restore a lost public record shall be:

(1) Court records: in the court whose record is sought to be established or restored;

(2) Register of deeds records: in the circuit court for the county in which the office whose record is sought to be restored is situated.

Source: SL 1893, ch 142, § 1; RCCivP 1903, § 879; SL 1903, ch 193; RC 1919, §§ 3047, 3048; SDC 1939 & Supp 1960, § 37.1102.
S.D. Codified Laws § 21-19-22 — SD Code / Title 21 / Chapter 19 / Section 21-19-22
Specification of items to be appraised--Undisputed valuations--Appraisal of homestead
Status: in_force

Upon the three appraisers being selected the court shall make an order specifying the property to be appraised. Such order shall specify for appraisal the items of property claimed as additional exemptions as to which items the creditor disputes the valuations alleged by the claimant. As to any items of property claimed as additional exemptions as to which the creditor does not dispute the valuations alleged by the claimant, such valuations shall be accepted as a verity. If the creditor has demanded an appraisal of the homestead or has taken issue with the valuation thereof alleged by the claimant, the order shall also direct the appraisal of the homestead.

Source: SDC 1939 & Supp 1960, § 37.4907.
S.D. Codified Laws § 21-42-12 — SD Code / Title 21 / Chapter 42 / Section 21-42-12
Venue of action
Status: in_force

Such action shall be tried in the circuit court for the county in which said premises are situated.

Source: SL 1941, ch 161, § 6; SL 1943, ch 140; SDC Supp 1960, § 37.16A06.
S.D. Codified Laws § 21-45-17 — SD Code / Title 21 / Chapter 45 / Section 21-45-17
Partition according to respective rights of parties--Surveys and landmarks
Status: in_force

In making the partition, the referees must divide the property and allot the several portions thereof to the respective parties, quality and quantity relatively considered, according to the respective rights of the parties as determined by the court, pursuant to the provisions of this chapter, designating the several portions by proper landmarks, and may employ a surveyor with the necessary assistants to aid them.

Source: CCivP 1877, § 560; CL 1887, § 5374; RCCivP 1903, § 599; RC 1919, § 2810; SDC 1939 & Supp 1960, § 37.1413.
S.D. Codified Laws § 21-42-17 — SD Code / Title 21 / Chapter 42 / Section 21-42-17
Tax deed issued by treasurer--Form--Acknowledgment
Status: in_force

Upon filing with the county treasurer of a certified copy of the decree and judgment hereinbefore provided by § 21-42-16 , he must issue a tax deed to the real estate described in the judgment which deed in substance shall be as follows:

"Whereas, ________ did on the ________ day of ________, 20____, produce to the undersigned, ________, treasurer of the county of ________, in the State of South Dakota, a certified copy of a judgment and decree entered by the circuit court of the ________ Judicial Circuit of the State of South Dakota, for the county of ________, in an action wherein ________ was plaintiff, and ________, defendant, which certified copy has been filed in the office of the county treasurer of the said county, from which it appears that the said property, hereinafter described was sold to ________ for the sum of ________, being the amount due thereon for the nonpayment of taxes, penalties, interest, and costs for the year 20____ and certificate of tax sale was duly issued and filed as required by law, and it further appearing that by virtue of the judgment and decree hereinbefore referred to that a conveyance of said lands be issued to the said ________.

Now, therefore, this indenture made this ________ day of ________, 20____, between the State of South Dakota, by ________, treasurer of said county, party of the first part, and the said ________ of the second part. Witnesseth: that the said party of the first part, for and in consideration of the premises and the sum of one dollar in hand paid, has granted, bargained and sold and by these presents does grant, bargain, sell, and convey unto the said party of the second part, ________ heirs and assigns, forever, the following described real property situated in the county of ________ in the State of South Dakota, to wit: (describe the land), to have and to hold with the appurtenances thereto belonging to the said party of the second part, ________ heirs and assigns forever.

In testimony whereof the said ________, treasurer of said county of ________ has hereunto set his hand on the day and year first above written.

________________________________

Treasurer of __________ County

Source: SL 1941, ch 161, § 9; SL 1943, ch 140; SDC Supp 1960, § 37.16A09.
S.D. Codified Laws § 21-37-6 — SD Code / Title 21 / Chapter 37 / Section 21-37-6
Change of name of municipality or platted portion--Proceedings
Status: in_force

Whenever it may be desirable to change the name of any municipality or platted or mapped portion thereof, any person interested in proposing such change may proceed as provided by §§ 21-37-7 to 21-37-9 , inclusive.

Source: CCivP 1877, § 736; CL 1887, § 5558; RCCivP 1903, § 805; RC 1919, § 3044; Supreme Court Rule 569, 1939; SDC 1939 & Supp 1960, § 37.1003.
S.D. Codified Laws § 21-52-5 — SD Code / Title 21 / Chapter 52 / Section 21-52-5
Persons entitled to redeem
Status: in_force

The owner, mortgagor, judgment debtor, or the successors of either, having any interest in the property sold and the holders of any lien, legal or equitable, subsequent and junior to that from which redemption is to be made, on the property sold, or any part thereof, or any share or interest therein, shall have the right to redeem from a sale of such property described in § 21-52-1 , in the manner hereinafter described. Such persons are denominated redemptioners.

Source: SL 1949, ch 142, § 3; SDC Supp 1960, § 37.5603.
S.D. Codified Laws § 21-67-3 — SD Code / Title 21 / Chapter 67 / Section 21-67-3
Intentional disclosure of intimate images--Civil action
Status: in_force

(a) In this section:

(1) "Harm" includes physical harm, economic harm, and emotional distress whether or not accompanied by physical or economic harm.

(2) "Private" means:

(A) Created or obtained under circumstances in which a depicted individual had a reasonable expectation of privacy; or

(B) Made accessible through robbery, theft, bribery, extortion, fraud, false pretenses, voyeurism, or exceeding authorized access to an account, message, file, device, resource, or property.

(b) Except as otherwise provided in § 21-67-4 , a depicted individual who is identifiable and who suffers harm from a person's intentional disclosure or threatened disclosure of an intimate image that was private without the depicted individual's consent has a cause of action against the person if the person knew, or acted with reckless disregard for whether:

(1) The depicted individual did not consent to the disclosure;

(2) The intimate image was private; and

(3) The depicted individual was identifiable.

(c) The following conduct by a depicted individual does not establish by itself that the individual consented to the disclosure of the intimate image which is the subject of an action under this chapter or that the individual lacked a reasonable expectation of privacy:

(1) Consent to creation of the image; or

(2) Previous consensual disclosure of the image.

(d) A depicted individual who does not consent to the sexual conduct or uncovering of the part of the body depicted in an intimate image of the individual retains a reasonable expectation of privacy even if the image was created when the individual was in a public place.

Source: SL 2020, ch 77, § 3.
S.D. Codified Laws § 21-21-2 — SD Code / Title 21 / Chapter 21 / Section 21-21-2
Receivership in foreclosure actions to prevent loss to mortgaged property
Status: in_force

A receiver may be appointed by the court in which the action is pending, or by the judge thereof, in an action by a mortgagee for the foreclosure of his mortgage and sale of the mortgaged property, where it appears that the mortgaged property is in danger of being lost, removed, or materially injured, or that the conditions of the mortgage have not been performed, and that the property is probably insufficient to discharge the mortgage debt.

Source: CCivP 1877, § 219, subdiv 2; CL 1887, § 5015, subdiv 2; RCCivP 1903, § 227, subdiv 2; RC 1919, § 2475 (2); SDC 1939 & Supp 1960, § 37.2601 (2).
S.D. Codified Laws § 21-23-3 — SD Code / Title 21 / Chapter 23 / Section 21-23-3
Application for sale verified--Contents
Status: in_force

The application for leave to sell shall be verified and shall state the following particulars:

(1) The name of the case, trust, or proceeding, and the name of the court having jurisdiction thereof;

(2) The name of the receiver or other officer having custody of the property, with reference to the court order or decree giving him possession and custody thereof;

(3) The name of the persons beneficially interested in such property and the nature of their interests so far as known to the applicant; whenever there has been filed in the trust or proceeding a list of the names of the persons beneficially interested, the petitioner may refer to such list and by reference incorporate it in the petition without setting out therein the names of all persons beneficially interested;

(4) A description of the property as to which sale is desired;

(5) A statement of its value, and whether an appraisal thereof has been made by order of court and the date of such appraisal, if any;

(6) The reason why a sale is desired or necessary.

Source: Supreme Court Order No. 2 (3) adopted October 12, 1944; SDC Supp 1960, § 33.26A03.
S.D. Codified Laws § 21-19-8 — SD Code / Title 21 / Chapter 19 / Section 21-19-8
Sale of perishable property seized--Retention of proceeds
Status: in_force

As to perishable property either the creditor, the debtor, or the officer may make application to the court for an order for the immediate sale thereof, the procedure on such sale to be as directed by the court. If such sale of perishable property is made, the proceeds thereof must be retained by such officer until the expiration of fifteen days from the date of notice of such levy.

Source: SDC 1939 & Supp 1960, § 37.4910.
S.D. Codified Laws § 21-22-20 — SD Code / Title 21 / Chapter 22 / Section 21-22-20
Proof of service by affidavit
Status: in_force

Proof of the service of notices or other papers in the manner provided by this chapter shall be made by affidavit of the person making the same, such affidavit to be filed in the office of the clerk of courts.

Source: Supreme Court Rule, Part 3, Rule 12, September, 1923; Supreme Court Rule 251, 1939; SDC 1939 & Supp 1960, § 33.2615.
S.D. Codified Laws § 21-28-2 — SD Code / Title 21 / Chapter 28 / Section 21-28-2
Persons entitled to bring action--Grounds for action
Status: in_force

An action may be brought by any state's attorney in the name of the state, upon his own information or upon the complaint of a private party, or an action may be brought by any person who has a special interest in the action, on leave granted by the circuit court or judge thereof, against the party offending in the following cases:

(1) When any person shall usurp, intrude into, or unlawfully hold or exercise any public office, civil or military, or any franchise within this state, or any office in a corporation created by the authority of this state;

(2) When any public officer, civil or military, shall have done or suffered an act which, by the provisions of law, shall make a forfeiture of his office;

(3) When any association or number of persons shall act within this state as a corporation, without being duly incorporated.

Source: CCivP 1877, § 534; CL 1887, § 5348; RCCivP 1903, § 573; RC 1919, § 2784; SL 1919, ch 289, § 4; SDC 1939 & Supp 1960, § 37.0509.
S.D. Codified Laws § 21-3-15 — SD Code / Title 21 / Chapter 3 / Section 21-3-15
Limitation of damages recoverable for injury or death resulting from negligence of child welfare agency
Status: in_force

In a tort action against an entity licensed as a child welfare agency under subdivision 26-6-14 (4), or against any officer, director, or employee of the entity, to recover damages for injury or loss to a person or property arising out of any act or omission within the scope of the entity's license, an award of damages may not exceed one million dollars, exclusive of interest from the date of judgment. If the limit on total damages under this section is determined to be unconstitutional, the limit only applies to noneconomic damages.

Source: SL 2022, ch 58, § 1.
S.D. Codified Laws § 21-8-16 — SD Code / Title 21 / Chapter 8 / Section 21-8-16
Judicial power to restrain or enjoin violations of obscenity laws
Status: in_force

The circuit courts of this state and the judges thereof, may, upon application of the attorney general, or any state's attorney or city attorney within his respective jurisdiction, issue any and all proper restraining orders, temporary and permanent injunctions, and any other writs and processes appropriate to carry out and enforce the obscenity and public decency laws of this state. Such restraining orders or injunctions may be issued to prevent any person from violating the obscenity and public decency laws of this state.

Source: SL 1974, ch 165, § 17; SDCL Supp, § 22-24-52 ; SL 1978, ch 164, § 10.
S.D. Codified Laws § 21-30-1 — SD Code / Title 21 / Chapter 30 / Section 21-30-1
Counterpart of mandamus--Purposes for which writ used
Status: in_force

The writ of prohibition is the counterpart of the writ of mandamus. It arrests the proceedings, administrative or judicial, of any tribunal, corporation, board, or person, when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, board, or person, or are without or in excess of the powers of authority conferred by law upon such tribunal, corporation, board, or person.

Source: CCivP 1877, § 708; CL 1887, § 5530; RCCivP 1903, § 777; RC 1919, § 3019; SL 1921, ch 424; SDC 1939 & Supp 1960, § 37.4401.
S.D. Codified Laws § 21-19-21 — SD Code / Title 21 / Chapter 19 / Section 21-19-21
Appointment of appraisers
Status: in_force

In such answer or such demand as the case may be the creditor must designate one appraiser. The claimant must within three days after such service file and serve upon the creditor a designation of one appraiser. The two appraisers so selected must select a third appraiser, and if they fail to agree thereon, such third appraiser must be selected by the court. If the appraiser designated by either party is unable to act the vacancy may be filled by the party who originally made such designation. If either party fails to make an appointment which he is entitled to make, the court may make such appointment. Appointment of any appraiser by the court must be on application by the debtor, claimant, or creditor, upon such notice as the court deems reasonable.

Source: CCivP 1877, § 327; CL 1887, § 5131; RCCivP 1903, § 356; RC 1919, § 2663; SDC 1939, § 37.4906.
S.D. Codified Laws § 21-22-9 — SD Code / Title 21 / Chapter 22 / Section 21-22-9
Petition, hearing, and order for court supervision of other trust--Information
Status: in_force

Any fiduciary, trustor, or beneficiary of any other trust may, if the trustee is a resident of this state or if any of the trust estate has its situs in this state, at any time petition the circuit court, the county where such petition is to be filed to be determined the same as in the case of a court trust, to exercise supervision. Upon the petition being filed, the court shall fix a time and place for hearing thereon, unless notice and a hearing are waived in writing by all fiduciaries and beneficiaries, and notice shall be given as provided pursuant to this chapter, and, upon such hearing, enter an order assuming supervision unless good cause to the contrary is shown. Thereupon the trustee shall within thirty days, file the information required pursuant to § 21-22-3 by a trustee under a court trust, and, at all times thereafter, the court shall have the same powers as over a court trust. If the petition for court supervision includes the information required pursuant to § 21-22-3 , the fiduciary, trustor, or beneficiary may, in the same petition, request court action as to any matter relevant to the administration of the trust, including the termination of court supervision. Upon the hearing on the petition, the court shall enter an order assuming supervision unless good cause to the contrary is shown. The court shall make such order approving the relief requested by the petition, give such directions to a fiduciary as the court shall determine, or resolve objections filed by an interested party pursuant to § 21-22-16 .

Source: SDC 1939 & Supp 1960, § 33.2605; SL 2002, ch 100, § 8; SL 2004, ch 312, § 10; SL 2014, ch 226, § 10; SL 2015, ch 240, § 24.
S.D. Codified Laws § 21-24-16 — SD Code / Title 21 / Chapter 24 / Section 21-24-16
Citation of chapter
Status: in_force

This chapter may be cited as the Uniform Declaratory Judgments Act.

Source: SL 1925, ch 214, § 16; SDC 1939 & Supp 1960, § 37.0115.
S.D. Codified Laws § 21-3B-6 — SD Code / Title 21 / Chapter 3B / Section 21-3B-6
Payee may not waive provisions
Status: in_force

The provisions of this chapter may not be waived by any payee.

Source: SL 2001, ch 106, § 6.
S.D. Codified Laws § 21-28-20 — SD Code / Title 21 / Chapter 28 / Section 21-28-20
Action for recovery of property forfeited to state
Status: in_force

Whenever, by the provisions of law, any property, real or personal, shall be forfeited to the state, or to any officer for its use, an action for the recovery of such property, alleging the ground of the forfeiture, may be brought by the state's attorney in the circuit court for the county where the property is situated.

Source: CCivP 1877, § 547; CL 1887, § 5361; RCCivP 1903, § 586; RC 1919, § 2797; SDC 1939 & Supp 1960, § 37.0508.
S.D. Codified Laws § 21-18-29 — SD Code / Title 21 / Chapter 18 / Section 21-18-29
Disclosure by garnishee not made on information and belief--State excepted
Status: in_force

No answer or disclosure in garnishment except by the State of South Dakota shall be made upon information and belief. The answer or disclosure of the garnishee may be made by an agent or attorney having knowledge of the facts.

Source: SL 1909, ch 156, § 13; RC 1919, § 2465; SL 1923, ch 149; Supreme Court Rule 625, 1939; SDC 1939 & Supp 1960, § 37.2814.
S.D. Codified Laws § 21-64-6 — SD Code / Title 21 / Chapter 64 / Section 21-64-6
Permitted uses of personality's right of publicity
Status: in_force

The provisions of this chapter do not apply to the use of a personality's name, voice, signature, photograph, image, likeness, distinctive appearance, gestures, or mannerisms in any:

(1) Literary work, theatrical work, musical composition, audio visual work, film, radio, or television program;

(2) Material that has political or newsworthy value;

(3) Original work of fine art;

(4) Promotional material or advertisement, for a news reporting or entertainment medium, that uses all or part of a past edition of the medium's original broadcast and does not convey or suggest that the personality endorses the news reporting or entertainment medium;

(5) An advertisement of commercial announcement for a use described in this section; and

(6) Any use of a right of publicity before December 31, 2014.

Source: SL 2015, ch 126, § 6.
S.D. Codified Laws § 21-47-3 — SD Code / Title 21 / Chapter 47 / Section 21-47-3
Joinder as party defendant of person liable on debt secured--Deficiency judgment against persons liable
Status: in_force

If the mortgage debt be secured by the obligation, or other evidence of debt, of any other person than the mortgagor, the plaintiff may make such other person a party to the action, and the court may render judgment for the balance of such debt remaining unsatisfied, after a sale of the mortgaged premises, as well against such other person as against the mortgagor, and may enforce such judgment as in other cases by execution or other process.

Source: CCivP 1877, § 619; CL 1887, § 5433; RCCivP 1903, § 658; RC 1919, § 2900; SDC 1939 & Supp 1960, § 37.2902.
S.D. Codified Laws § 21-25B-5 — SD Code / Title 21 / Chapter 25B / Section 21-25B-5
Health care services arbitration account created--Payment required of claimant prior to commencement of arbitration action--Credit to account
Status: in_force

There is hereby created a health care services arbitration account of the general fund in the state treasurer's office. Prior to the commencement of any arbitration action before the health care services arbitration panel, the claimant shall remit the sum of one hundred dollars to the state treasurer who shall credit such funds to the health care services arbitration account.

Source: SL 1976, ch 155, §§ 8, 18.
S.D. Codified Laws § 21-18-37 — SD Code / Title 21 / Chapter 18 / Section 21-18-37
Answer by other parties to affirmative claim set up by adverse claimant
Status: in_force

When an adverse claimant is made a garnishee defendant by notice as provided in this chapter and sets up an affirmative claim to the fund or property involved, any of the other parties to the garnishment may answer the same within thirty days after service thereof.

Source: Supreme Court Rule 590, 1939; SDC 1939 & Supp 1960, § 37.2823; SL 2016, ch 116, § 13.
S.D. Codified Laws § 21-14-3 — SD Code / Title 21 / Chapter 14 / Section 21-14-3
Action to recover real property not prejudiced by alienation
Status: in_force

An action for the recovery of real property against a person in possession cannot be prejudiced by any alienation made by such person, either before or after the commencement of the action.

Source: CCivP 1877, § 648; CL 1887, § 5462; RCCivP 1903, § 688; RC 1919, § 2864; SDC 1939 & Supp 1960, § 37.1510.
S.D. Codified Laws § 21-22-4 — SD Code / Title 21 / Chapter 22 / Section 21-22-4
Appointment by nonresident trustee of agent to receive process
Status: in_force

With the papers required by § 21-22-3 the trustee shall also file, if not a resident of this state, an appointment of a resident of this state as his agent for the service of process and of all papers relative to the administration of such trust.

Source: Supreme Court Rule, Part 3, Rule 2, September, 1923; Supreme Court Rule 239, 1939; SDC 1939 & Supp 1960, § 33.2603.
S.D. Codified Laws § 21-52-15 — SD Code / Title 21 / Chapter 52 / Section 21-52-15
Expenses of annual assessment work on mining claims included in redemption price--Time of performing annual labor
Status: in_force

In all redemptions from sales of unpatented mining claims under execution or mortgage foreclosure, there shall be added to the total amount otherwise required to redeem such sum or sums, if any, as may be necessarily and actually expended by the purchaser or redemptioner, after such sale and before the redemption, in performing or completing the annual assessment work, not exceeding one hundred dollars for any one claim sold.

This section shall not apply to claim or claims on which the owner or redemptioner shall himself have performed the necessary annual labor during the period above specified. It shall not be deemed necessary under this section for the purchaser to perform the annual labor on such claims until after the first day of November of each year.

Source: SL 1949, ch 142, § 17; SDC Supp 1960, § 37.5617.
S.D. Codified Laws § 21-25A-12 — SD Code / Title 21 / Chapter 25A / Section 21-25A-12
Subpoenas issued by arbitrators--Service and enforcement
Status: in_force

The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence, and shall have the power to administer oaths. Subpoenas so issued shall be served, and enforced in the manner provided by law for the service and enforcement of subpoenas in a civil action.

Source: SL 1971, ch 157, § 7.
S.D. Codified Laws § 21-28-1 — SD Code / Title 21 / Chapter 28 / Section 21-28-1
Civil action available in lieu of writ and proceedings by information
Status: in_force

The remedies formerly attained by a writ of scire facias, writ of quo warranto, and proceedings by information in the nature of quo warranto, may be obtained by civil actions under the provisions of this chapter.

Source: CCivP 1877, § 531; CL 1887, § 5345; RCCivP 1903, § 570; RC 1919, § 2781; SL 1919, ch 289, § 1; SDC 1939 & Supp 1960, § 37.0501.
S.D. Codified Laws § 21-35-4 — SD Code / Title 21 / Chapter 35 / Section 21-35-4
Verification of petition--Statement of good faith
Status: in_force

Said petition shall be signed or verified in the manner provided by law for the signing or verification of complaints in actions in the circuit court, and the affidavit of verification shall contain the further statement that the proceeding is in good faith for the purposes specified in the petition.

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

In any action for the breach of an obligation not arising from contract, where the defendant has been guilty of oppression, fraud, or malice, actual or presumed, or in any case of wrongful injury to animals, being subjects of property, committed intentionally or by willful and wanton misconduct, in disregard of humanity, the jury, in addition to the actual damage, may give damages for the sake of example, and by way of punishing the defendant.

Source: CivC 1877, §§ 1946, 1974; CL 1887, §§ 4580, 4607; RCivC 1903, §§ 2292, 2319; RC 1919, §§ 1965, 1991; SDC 1939 & Supp 1960, § 37.1902.
S.D. Codified Laws § 21-27-11 — SD Code / Title 21 / Chapter 27 / Section 21-27-11
Transfer or concealment of applicant to avoid writ as felony
Status: in_force

Anyone having a person in his custody or under his restraint, power, or control for whose relief a writ of habeas corpus is issued who, with intent to avoid the effect of such writ, shall transfer such person to the custody, or place him or her under the control of another, or shall conceal him or her, or change the place of his or her confinement, with intent to avoid the operation of such writ, or with intent to remove him or her out of this state, is guilty of a Class 5 felony.

Source: CCrimP 1877, § 683; CL 1887, § 7851; RCCrimP 1903, § 783; RC 1919, § 4987; SDC 1939 & Supp 1960, § 37.9905; SL 1979, ch 150, § 26.
S.D. Codified Laws § 21-10-18 — SD Code / Title 21 / Chapter 10 / Section 21-10-18
Officer's fees for enforcing order of abatement against house of ill fame--Proceeds of sale of property
Status: in_force

For removing and selling the movable property pursuant to § 21-10-17 , the officer shall be entitled to charge and receive the same fees as he would for levying upon and selling like property on execution, and for closing the premises and keeping them closed, a reasonable sum shall be allowed by the court. The proceeds of the sale of the personal property, as provided in § 21-10-17 , shall be applied in payment of the costs of the action and abatement, and the balance, if any, shall be paid to the defendant.

Source: SL 1913, ch 123, §§ 5, 6; RC 1919, §§ 2082, 2083; SDC 1939 & Supp 1960, § 37.4805.
S.D. Codified Laws § 21-1-12 — SD Code / Title 21 / Chapter 1 / Section 21-1-12
Acceptance of principal as waiver of interest
Status: in_force

Accepting payment of the whole principal, as such, waives all claim to interest.

Source: CivC 1877, § 1945; CL 1887, § 4579; RCivC 1903, § 2291; RC 1919, § 1964; SDC 1939 & Supp 1960, § 37.1713.
S.D. Codified Laws § 21-35-11.1 — SD Code / Title 21 / Chapter 35 / Section 21-35-11.1
Mediation
Status: in_force

The parties may by agreement refer a dispute that is the subject of a proceeding under this chapter for resolution by mediation using the services of a mediator selected by the parties.

Source: SL 2016, ch 117, § 1.
S.D. Codified Laws § 21-41-22 — SD Code / Title 21 / Chapter 41 / Section 21-41-22
Allowance of plaintiff's claim for improvements--Value alleged in complaint
Status: in_force

In an action brought to determine adverse claims to real estate, under the provisions of this chapter, affecting real estate upon which permanent improvements have been made by a plaintiff, or those under whom he claims, holding under color of title adversely to the claim of a defendant or intervenor, in good faith, if such plaintiff is unsuccessful, the value of such improvements must be allowed as a claim in favor of such plaintiff. In order to be entitled to maintain such claim, said plaintiff, either in his original complaint, or by amended complaint, must set forth, among other things, the value of the land aside from the improvements thereon, and also as accurately as practicable the improvements upon the land and the value thereof. In such case, said action shall proceed as provided in § 21-41-15 .

Source: SL 1949, ch 140, § 2; SDC Supp 1960, § 37.15 16-1 .
S.D. Codified Laws § 21-8-17 — SD Code / Title 21 / Chapter 8 / Section 21-8-17
Notice and trial before injunction to enforce obscenity laws--Orders to deliver and destroy obscene matter
Status: in_force

Notwithstanding § 21-8-16 , no restraining order or injunction shall be issued without notice to the person sought to be enjoined. Such person shall be entitled to a trial of the issues within one day after the filing of his answer to the complaint, and a decision shall be rendered by the court within two days of the conclusion of the trial. If a final order or judgment of injunction is entered against the person sought to be enjoined, it shall contain a provision directing the person to surrender any obscene matter in his possession which is subject to the injunction, to the sheriff of the county in which the action was brought, and the sheriff shall be directed to seize and destroy such matter.

Source: SL 1974, ch 165, § 17; SDCL Supp, § 22-24-53; SL 1978, ch 164, § 12.
S.D. Codified Laws § 21-29-11 — SD Code / Title 21 / Chapter 29 / Section 21-29-11
Verdict transmitted to court--Hearing on application
Status: in_force

If no notice of a motion for a new trial be given or, if given, the motion be denied, the clerk, within five days after rendition of the verdict or denial of the motion, must transmit to the court in which the application for the writ is pending a certified copy of the verdict attached to the order of trial, after which either party may bring on the hearing on the application, upon reasonable notice to the adverse party.

Source: CCivP 1877, § 703; CL 1887, § 5525; RCCivP 1903, § 772; RC 1919, § 3014; Supreme Court Rule 616, 1939; SDC 1939 & Supp 1960, § 37.4509.
S.D. Codified Laws § 21-15-14 — SD Code / Title 21 / Chapter 15 / Section 21-15-14
Delivery of property to plaintiff if return not required by defendant
Status: in_force

If a return of the property be not required pursuant to § 21-15-12 within three days after the taking and service of papers on defendant, it shall be delivered to the plaintiff unless claimed in the meantime by a third person in the manner provided by this chapter.

Source: CCivP 1877, § 181; CL 1887, § 4977; RCCivP 1903, § 189; RC 1919, § 2416; SDC 1939 & Supp 1960, § 37.3806.
S.D. Codified Laws § 21-37-3 — SD Code / Title 21 / Chapter 37 / Section 21-37-3
Petition for change of name of person--Contents
Status: in_force

A petition for change of name of a person must be filed in the office of the clerk of courts of the county of petitioner's said residence, entitled in the circuit court for said county and stating that the petitioner has been a bona fide resident citizen of such county for at least six months prior to filing the petition; the cause for which change of petitioner's name is sought; and the name asked for.

Source: CCivP 1877, § 735; CL 1887, § 5557; RCCivP 1903, § 804; RC 1919, § 3043; Supreme Court Rule 568, 1939; SDC 1939 & Supp 1960, § 37.1002 (1).
S.D. Codified Laws § 21-64-5 — SD Code / Title 21 / Chapter 64 / Section 21-64-5
Cause of action for violation of personality's right of publicity
Status: in_force

The personality, or if the personality is deceased, the personality's next of kin or other owner of the right of publicity, has a cause of action for a violation of a personality's right of publicity against the person for any violation of § 21-64-2 . If the court finds a violation of § 21-64-2 , the court may order:

(1) Temporary or permanent injunctive relief;

(2) Damages in the amount of one thousand dollars or the actual damages, including profits derived from the unauthorized use, whichever amount is greater;

(3) In determining a defendant's profits, the plaintiff is required to prove the gross revenue attributable to the unauthorized use, and the defendant is required to prove properly deductible expenses; and

(4) If the court finds that the violation of § 21-64-2 was knowing, willful, or intentional, treble, but not computed on the defendant's profits, or punitive damages, as the plaintiff elects.

Source: SL 2015, ch 126, § 5.
S.D. Codified Laws § 21-3B-9 — SD Code / Title 21 / Chapter 3B / Section 21-3B-9
No payee liability for failure to comply with chapter
Status: in_force

No payee who proposes to make a transfer of structured settlement payment rights may incur any penalty, forfeit any application fee or other payment, or otherwise incur any liability to the proposed transferee or any assignee based on any failure of such transfer to satisfy the conditions of this chapter.

Source: SL 2001, ch 106, § 9.
S.D. Codified Laws § 21-25A-36 — SD Code / Title 21 / Chapter 25A / Section 21-25A-36
Uniformity of construction of chapter
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: SL 1971, ch 157, § 22.
S.D. Codified Laws § 21-38-5 — SD Code / Title 21 / Chapter 38 / Section 21-38-5
Interest of applicant shown in application for restoration
Status: in_force

The application for restoration of a public record shall show the interest of the applicant in having said instrument or record restored, and the reason or necessity therefor, and the injury, if any, that may result to him if said instrument or record is not restored.

Source: SL 1893, ch 142, § 1; RCCivP 1903, § 879; SL 1903, ch 193; RC 1919, §§ 3047, 3048; Supreme Court Rule 570, 1939; SDC 1939 & Supp 1960, § 37.1103 (5).
S.D. Codified Laws § 21-18-19 — SD Code / Title 21 / Chapter 18 / Section 21-18-19
Judgment not rendered on money accountable by public officer
Status: in_force

No judgment shall be rendered upon a liability of the garnishee arising by reason of any money in his hands as a public officer and for which he is accountable to the defendant merely as such officer.

Source: SL 1909, ch 156, § 18; RC 1919, § 2471; SL 1925, ch 183; SDC 1939 & Supp 1960, § 37.2819 (3).
S.D. Codified Laws § 21-18-23 — SD Code / Title 21 / Chapter 18 / Section 21-18-23
Partial release of garnished funds on application by defendant
Status: in_force

The principal defendant may upon order to show cause, apply to the court in which the garnishment proceedings are pending for an order releasing such part of the funds as the court shall direct without waiting for the disposition of the action on its merits, and upon receipt of such certified copy of the order the garnishee defendant may pay over the amount authorized thereby without the necessity of waiting for the time of appeal to expire.

Source: SL 1927, ch 135, § 4; SDC 1939 & Supp 1960, § 37.2809.
S.D. Codified Laws § 21-37-5.1 — SD Code / Title 21 / Chapter 37 / Section 21-37-5.1
Exception to notice and open court hearing requirements for name change of minor
Status: in_force

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

(1) It appears from the pleadings that the minor child has been a resident of the county in which the petition is filed for at least six months;

(2) The minor child's parents whose parental rights have not been terminated, and any other person having legal rights to custody or guardianship of the minor child, give written consent to the name change;

(3) The minor child, if twelve years of age or older, gives written consent to the name change; and

(4) It appears to the court that the name change is in the minor child's best interests.

Source: SL 2016, ch 119, § 1.
S.D. Codified Laws § 21-27-3 — SD Code / Title 21 / Chapter 27 / Section 21-27-3
Contents of application for writ--Documentary authority for commitment attached--Identification of prior applications
Status: in_force

An application for a writ of habeas corpus shall be in writing and signed by the applicant or some person on his behalf, setting forth the facts concerning his detention and in whose custody he is detained, and shall be accompanied by a copy of the warrant of commitment or other documentary authority, if any, or by an affidavit that such copy has been demanded of the person in whose custody he is detained and by him refused or not given. The application shall identify any previous applications made pursuant to this chapter, together with the grounds therein asserted.

Source: CCrimP 1877, §§ 671, 672; CL 1887, §§ 7839, 7840; RCCrimP 1903, §§ 771, 772; RC 1919, §§ 4978, 4979; SDC 1939 & Supp 1960, § 37.5501; SL 1983, ch 169, § 3.
S.D. Codified Laws § 21-48-23 — SD Code / Title 21 / Chapter 48 / Section 21-48-23
Record of foreclosure sale--Affidavits and certificate recorded--Notation by register of deeds
Status: in_force

A record of foreclosure sale must be made as follows:

(1) An affidavit of the publication of the notice of sale and of any notice of postponement must be made by the printer or publisher of the newspaper in which such notice was published, or some person in his employ knowing the facts;

(2) An affidavit by the person foreclosing the mortgage, or his attorney, or someone knowing the facts, setting forth the facts relating to the military service status of the owner of the mortgaged premises at the time of sale which affidavit, where such may be required, may also set forth the fact of service of notice of sale upon the secretary of the treasury of the United States of America or his delegate in accordance with the provisions of subsection (c)(1) of section 7425 of the Internal Revenue Code of 1954 as amended by Public Law 89-719, known as the Federal Tax Lien Act of 1966, and as amended through January 1, 1987;

(3) An affidavit executed by the person foreclosing the mortgage, that person's attorney or someone knowing the facts, stating that the mortgagor and any person who is required to receive notice under § 21-48-6.1 have been given notice of the foreclosure and that no request for foreclosure by action has been made;

(4) Such affidavits and the certificate of sale hereinabove provided for, must be recorded at length by the register of deeds of the county in which the real property is situated in a book kept for that purpose, and such original instruments, or the records thereof, or certified copies of such records, shall be prima facie evidence of the facts therein contained;

(5) A note shall be made by the register of deeds in the margin of the record of any mortgage which has been foreclosed, showing the book and page where the evidence of such foreclosure sale is recorded.

Source: SDC 1939, § 37.3012; SL 1949, ch 141, § 2; SL 1957, ch 197; SL 1967, ch 151; SL 1987, ch 29, § 78; SL 2002, ch 101, § 4.
S.D. Codified Laws § 21-18-27 — SD Code / Title 21 / Chapter 18 / Section 21-18-27
Garnishee's garnishment disclosure liability--Time of filing--Contents
Status: in_force

Unless the garnishee makes the affidavit provided for in § 21-18-26 , he shall within thirty days from the service of the garnishee summons file and serve in like manner a garnishment disclosure in which he shall state:

(1) Whether he was at the time of service of the garnishee summons indebted or under any liability to the defendant named in the garnishee summons, in any manner, upon any account, specifying, if indebted or liable, the amount, the interest thereon, the manner in which evidenced, when payable, whether an absolute or contingent liability, and all the facts and circumstances necessary to a complete understanding of such indebtedness or liability. If the garnishee is in doubt respecting any such liability or indebtedness, he may set forth all the facts and circumstances concerning the liability or indebtedness and submit the question to the court;

(2) Whether he held at the time aforesaid the title or possession of any real estate, or any interest in land of any description, or of any personal property, effects, or credits, or any instruments or papers relating to such, belonging to the defendant or in which he was in any way interested. If he admits any such or is in any doubt respecting the same, he shall set forth the description of such property and all the facts and circumstances concerning the same, and the title, interest, or claim of the defendant in or to the same.

If the garnishee claims any setoff or defense to any indebtedness or liability or any lien on or claim to the property, he shall set forth the facts and circumstances thereof fully.

The garnishee may state any claim of exemption from execution on the part of the defendant, or other objection known to him against the right of plaintiff to apply upon his demands the indebtedness or property disclosed.

If the garnishee discloses any indebtedness, or the possession of any property to which the defendant, and any other person as well, has a claim, he shall provide the names and residences of such claimants and so far as known the nature of their claims.

Source: SDC 1939 & Supp 1960, § 37.2812; SL 1988, ch 182, § 5.
S.D. Codified Laws § 21-17A-16 — SD Code / Title 21 / Chapter 17A / Section 21-17A-16
Keeping of property by officer--Collections--Legal proceedings
Status: in_force

The sheriff or constable shall keep the property seized by him and the proceeds of such as shall have been sold to answer any judgment which may be recovered in such action; and shall, subject to the direction of the court or judge, collect and receive into his possession all the debts, credits and effects of the defendant. The sheriff or constable may also take such legal proceedings, either in his own name or in the name of the defendant, as may be necessary for that purpose and discontinue the same at such times and on such terms as the court or judge may direct.

Source: SL 1983, ch 168, § 16.
S.D. Codified Laws § 21-2-5 — SD Code / Title 21 / Chapter 2 / Section 21-2-5
Damages for breach of covenant in grant of real property
Status: in_force

The detriment caused by the breach of a covenant of seizin, of right to convey, or warranty, or of quiet enjoyment, in a grant of an estate in real property, is deemed to be:

(1) The price paid to the grantor, or if the breach is partial only, such proportion of the price as the value of the property affected by the breach bore, at the time of the grant, to the value of the whole property;

(2) Interest thereon for the time during which the grantee derived no benefit from the property, not exceeding six years;

(3) Any expenses properly incurred by the covenantee in defending his possession.

Source: CivC 1877, § 1951; CL 1887, § 4584; RCivC 1903, § 2296; RC 1919, § 1968; SDC 1939 & Supp 1960, § 37.1803.
S.D. Codified Laws § 21-25A-28 — SD Code / Title 21 / Chapter 25A / Section 21-25A-28
Grounds for modification or correction of award
Status: in_force

Upon application made within ninety days after delivery of a copy of the award to the applicant, the court shall modify or correct the award where:

(1) There was an evident miscalculation of figures or an evident mistake in the description of any person, thing, or property referred to in the award;

(2) The arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or

(3) The award is imperfect in a matter of form, not affecting the merits of the controversy.

Source: SL 1971, ch 157, § 14.
S.D. Codified Laws § 21-17A-29 — SD Code / Title 21 / Chapter 17A / Section 21-17A-29
Plaintiff prosecuting actions officer authorized to bring--Indemnification of officer
Status: in_force

The actions authorized by this chapter to be brought by a sheriff or constable may be prosecuted by the plaintiff or under his direction, upon the delivery by him to the sheriff or constable of an undertaking, with two sufficient sureties, to the effect that the plaintiff shall indemnify him for all damages, costs and expenses thereon not exceeding five hundred dollars in any one action. The sureties shall, if required by the sheriff or constable, justify by making an affidavit that each is worth double the amount of the penalty named in the undertaking over and above all debts and exemptions.

Source: SL 1983, ch 168, § 29.
S.D. Codified Laws § 21-22-26 — SD Code / Title 21 / Chapter 22 / Section 21-22-26
Fiduciary's liability for failure to comply--Forfeiture of compensation--Fiduciary's acts not invalidated
Status: in_force

Any fiduciary who fails or neglects to comply with the provisions of this chapter is subject to removal by the court and is liable to any beneficiary for all damages sustained by the beneficiary resulting from such noncompliance and shall also forfeit all right to compensation as the fiduciary during the period of such noncompliance unless it is shown, to the satisfaction of the court fixing such compensation, that such failure to comply was inadvertent and not intentional and was with reasonable excuse and that the fiduciary has performed his or her duties diligently, faithfully, and efficiently. Failure or neglect as to such compliance does not invalidate any act of the fiduciary.

Source: Supreme Court Rule 250, 1939; SDC 1939 & Supp 1960, § 33.2614; SL 2014, ch 226, § 15.
S.D. Codified Laws § 21-48-20 — SD Code / Title 21 / Chapter 48 / Section 21-48-20
Prior certificates validated despite delay in recording--Rights barred by no action
Status: in_force

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

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

Source: SDC 1939, § 65.0304; SL 1992, ch 307, § 12.
S.D. Codified Laws § 21-27-23 — SD Code / Title 21 / Chapter 27 / Section 21-27-23
Admission to bail by Supreme Court pending review
Status: in_force

Where the writ of habeas corpus is refused, or where the writ is discharged after having been issued, and the prisoner has been denied bail, he may be admitted to bail by the Supreme Court or one of the judges thereof, pending appellate review.

Source: Supreme Court Rule 623, 1939; SDC 1939 & Supp 1960, § 37.5509 (5).
S.D. Codified Laws § 21-10-25.9 — SD Code / Title 21 / Chapter 10 / Section 21-10-25.9
Agricultural operation nuisance--Applicability of limitations
Status: in_force

Sections 21-10-25.7 and 21-10-25.8 do not:

(1) Apply to any cause of action brought against an agricultural operation for negligence, trespass, personal injury, strict liability, or other cause of action for tort liability, other than nuisance; and

(2) Prohibit or limit any request for injunctive relief that is otherwise available.

Source: SL 2023, ch 65, § 6.
S.D. Codified Laws § 21-26-1 — SD Code / Title 21 / Chapter 26 / Section 21-26-1
Causes for which judgment may be docketed
Status: in_force

A judgment by confession may be docketed, either for money due or to become due, or to secure any person against contingent liability on behalf of the defendant, or both, in the manner prescribed by this chapter.

Source: CCivP 1877, § 715; CL 1887, § 5537; RCCivP 1903, § 784; RC 1919, § 3023; SDC 1939 & Supp 1960, § 37.0301; SL 2019, ch 105, § 1.
S.D. Codified Laws § 21-3A-2 — SD Code / Title 21 / Chapter 3A / Section 21-3A-2
Action for bodily injury--Effective election--Objection to election--Time requirements--Action not tried under chapter--Withdrawal of election
Status: in_force

In order to invoke this chapter, a party to an action for bodily injury shall make an effective election in accordance with this section within one hundred twenty days after service of the complaint.

The election shall be made in accordance with rules of court. Any objection to the election shall be made in accordance with rules of court within thirty days after the election has been made.

An election is effective if:

(1) All parties have consented;

(2) No timely objection is filed by any party; or

(3) A timely objection is filed; but

(a) The electing party is a claimant and shows there is a good faith claim that future damages will exceed two hundred thousand dollars; or

(b) The electing party is a party responding to a claim for future damages in excess of two hundred thousand dollars and shows that security in the amount of the claim for past and future damages or five hundred thousand dollars, whichever is less, can be provided under this chapter.

If an objecting party shows that the purposes of this chapter would not be served by conducting the trial of the claim affecting him under this chapter, the court may determine not to try the claim under this chapter even though the conditions of subsection (a) or (b) of subdivision (3) of this section are satisfied. Such determination shall be made in accordance with rules of court.

If an effective election is on file at the commencement of trial, all actions, including third - party claims, counterclaims and actions consolidated for trial, shall be tried under this chapter unless the court finds that the purposes of this chapter would not be served by doing so or in the interest of justice a separate trial or proceeding should be held on some or all of the claims that are not the subject of the election.

An effective election can be withdrawn only by consent of all parties to the claim to which the election relates.

Source: SL 1986, ch 163, § 2; SL 1988, ch 181, § 2.
S.D. Codified Laws § 21-45-46 — SD Code / Title 21 / Chapter 45 / Section 21-45-46
Sale valid from time of confirmation--Recording of certified copy of order
Status: in_force

The sale is confirmed and valid from the time of the order confirming it, and a certified copy of the order shall be recorded in the office of the register of deeds of the county wherein the property or some part thereof is situated.

Source: SDC 1939, § 37.1437 as added by SL 1947, ch 170.
S.D. Codified Laws § 21-65-2 — SD Code / Title 21 / Chapter 65 / Section 21-65-2
Petition for relief from vulnerable adult abuse--Affidavit--Contents
Status: in_force

A vulnerable adult or a substitute petitioner may seek relief from vulnerable adult abuse by filing a petition and affidavit in the circuit court or in a magistrate court with a magistrate judge presiding. Venue is where either party resides. The petition and affidavit shall include all of the following:

(1) The name of the vulnerable adult and the name and address of the vulnerable adult's attorney, if any. If the vulnerable adult is proceeding pro se, the petition shall include a mailing address for the vulnerable adult;

(2) The name of the substitute petitioner if the petition is being filed on behalf of a vulnerable adult, and the name and address of the attorney of the substitute petitioner. If the substitute petitioner is proceeding pro se, the petition shall include a mailing address for the substitute petitioner;

(3) The name and address, if known, of the respondent;

(4) The relationship of the vulnerable adult to the respondent;

(5) The nature of the alleged vulnerable adult abuse, including specific facts and circumstances of the abuse;

(6) The name and age of any other individual whose welfare may be affected; and

(7) The desired relief, including a request for temporary or emergency orders. A petition for relief may be made whether or not there is a pending lawsuit, complaint, petition, or other action between the parties. However, if there is any other lawsuit, complaint, petition, or other action pending between the parties, any new petition made pursuant to this section shall be made to the judge previously assigned to the pending lawsuit, petition, or other action, unless good cause is shown for the assignment of a different judge.

If a petition for a protection order alleging the existence of vulnerable adult abuse is filed with the court pursuant to this section and if the court, upon an initial review, determines that the allegations do not support the existence of vulnerable adult abuse, but that the allegations do support the existence of stalking or physical injury pursuant to § 22-19A-8 or domestic abuse pursuant to § 25-10-3 , the court may hear and act upon the petition as though the petition had been filed under § 22-19A-8 or § 25-10-3 and subject to the provisions of the respective chapters.

Source: SL 2016, ch 120, § 4.
S.D. Codified Laws § 21-10-30 — SD Code / Title 21 / Chapter 10 / Section 21-10-30
Recovery based on negligence or willful or wanton misconduct not precluded
Status: in_force

The provisions of §§ 21-10-28 to 21-10-34 , inclusive, do not apply to any recovery for any act or omission relating to the operation or use of any sport shooting range based on negligence or willful or wanton misconduct.

Source: SL 1999, ch 113, § 3.
S.D. Codified Laws § 21-35-10 — SD Code / Title 21 / Chapter 35 / Section 21-35-10
Publication of summons to unknown or nonresident owners--Personal service outside state
Status: in_force

If there are unknown owners or persons interested in the property to be taken or damaged, or if any of the defendants are not residents of the state, the plaintiff may apply to the court upon affidavit setting forth the nature of the proceeding, and the facts in relation to such unknown persons or nonresident defendants, for an order of publication of such summons, whereupon the court shall grant such order. The summons as published shall have annexed thereto a notice that if the defendants as to whom publication has been ordered do not appear in said proceeding within thirty days from the first publication thereof, the plaintiff will make application to the court for the order mentioned in the body of the summons. Such summons shall be published for thirty days at least once in each week in some newspaper published and of general circulation in the county where the proceeding is had, and each publication of the same shall show at the top thereof the date of the first publication; and except as modified by this section, the proceeding of publication of the summons shall in all respects be governed by the provisions of Title 15 relating to publication of summons. Personal service on any defendant outside of the state shall be of the same effect as service within the state and shall dispense with necessity of publication as to such defendant.

Source: SL 1891, ch 94, § 6; RCCivP 1903, § 868; RC 1919, § 2943; Supreme Court Rule 601, 1939; SDC 1939 & Supp 1960, § 37.4007.
S.D. Codified Laws § 21-17A-7 — SD Code / Title 21 / Chapter 17A / Section 21-17A-7
Bond required of plaintiff--Amount--Terms--Affidavit of surety--Exemption of state and subdivisions
Status: in_force

Before a writ of attachment may be executed, a bond on the part of the plaintiff in the sum of at least five hundred dollars executed by sufficient surety shall be delivered to the sheriff or constable, to the effect that if the defendant recover judgment the plaintiff shall pay all costs that may be awarded to the defendant and all damages which he may sustain by reason of the attachment. The affidavit of the surety annexed to the bond shall state that he is a resident of this state and worth double the sum specified in the bond in property above his debts and exclusive of property exempt from execution. No bond is necessary if the state or a political subdivision is the plaintiff.

Source: SL 1983, ch 168, § 7.
S.D. Codified Laws § 21-35-12 — SD Code / Title 21 / Chapter 35 / Section 21-35-12
Order to summon jury on default
Status: in_force

If no appearance be made by any defendant within the time specified in the summons, the plaintiff, upon affidavit of the default, may apply to the court for an order directing the clerk of courts to draw and summon eighteen jurors to attend at the courthouse or place of holding the circuit court of the county, at a time to be specified in such order. Said jurors shall be drawn and summoned in the same manner as jurors are drawn and summoned for a regular or special term of the circuit court.

Source: SL 1891, ch 94, § 7; SL 1893, ch 113; RCCivP 1903, § 869; SL 1913, ch 169; RC 1919, § 2944; SDC 1939 & Supp 1960, § 37.4008.
S.D. Codified Laws § 21-31-8 — SD Code / Title 21 / Chapter 31 / Section 21-31-8
Scope of review on writ
Status: in_force

The review upon writ of certiorari cannot be extended further than to determine whether the inferior court, tribunal, board, or officer, has regularly pursued the authority of such court, tribunal, board, or officer.

Source: CCivP 1877, § 691; CL 1887, § 5513; RCCivP 1903, § 760; RC 1919, § 3002; SDC 1939 & Supp 1960, § 37.0407.
S.D. Codified Laws § 21-36-9 — SD Code / Title 21 / Chapter 36 / Section 21-36-9
Summons filed--Persons to whom directed--Contents
Status: in_force

With the complaint shall be filed a summons, entitled in the action, directed to the defendants named and to all persons generally who have or claim to have any interest in said estate, or claims against the same, as heirs, creditors, or otherwise, requiring them to appear and answer the said complaint within thirty days after the service of the summons, exclusive of the day of service, and to set forth the nature of their claims.

Source: SL 1909, ch 104, § 4; RC 1919, § 3052; SDC 1939 & Supp 1960, § 37.4203.
S.D. Codified Laws § 21-17A-24 — SD Code / Title 21 / Chapter 17A / Section 21-17A-24
Priority of hearing on motion to quash
Status: in_force

The hearing provided for in § 21-17A-22 shall take precedence over all other civil matters on the calendar except older matters of the same character.

Source: SL 1983, ch 168, § 24.
S.D. Codified Laws § 21-42-19 — SD Code / Title 21 / Chapter 42 / Section 21-42-19
Relief from default judgment
Status: in_force

The court may, in its discretion and upon such terms as may be just, at any time within one year after the entry of judgment, relieve a defendant in such action, served by publication of the summons, from the judgment, if taken against him through his mistake, inadvertence, surprise, or excusable neglect, and allow such party to defend the action, but the defense, if successful, shall not affect the title of the plaintiff, or his successors in interest to, or valid encumbrancers of, said premises.

Source: SL 1941, ch 161, § 8; SL 1943, ch 140; SDC Supp 1960, § 37.16A08.
S.D. Codified Laws § 21-25A-33 — SD Code / Title 21 / Chapter 25A / Section 21-25A-33
Applications by motion--Service of notices
Status: in_force

Except as otherwise provided, an application to the court under this chapter shall be by motion and shall be heard in the manner and upon the notice provided by law for the making and hearing of motions. Unless the parties have agreed otherwise, notice of an initial application for an order shall be served in the manner provided by law for the service of a summons in a civil action.

Source: SL 1971, ch 157, § 17.
S.D. Codified Laws § 21-51-10 — SD Code / Title 21 / Chapter 51 / Section 21-51-10
Recording of judgment--Effect as discharge
Status: in_force

A certified copy of the judgment may be filed in the office of any register of deeds or other public official of the state and shall have the effect of canceling or discharging said record according to the terms of said judgment and shall be of the same effect as a discharge or release of such instrument duly executed and acknowledged by the lawful holder thereof.

Source: SL 1901, ch 108; RCCivP 1903, § 880; SL 1913, ch 272, § 1; RC 1919, § 3046; SL 1920 (SS), ch 67, § 2; Supreme Court Rule 567, 1939; SDC 1939 & Supp 1960, § 37.0906.
S.D. Codified Laws § 21-49-15 — SD Code / Title 21 / Chapter 49 / Section 21-49-15
Commencement of foreclosure or satisfaction action--Service of process on nonresident defendant--Required defendants
Status: in_force

Any action for the foreclosure or satisfaction of mortgages under this chapter shall be commenced in the circuit court for the county where the mortgaged property, or some portion thereof, is situated. If a defendant is not a resident of the county, process may be served on him in any other county within the state. All persons having an interest in, or lien on, the mortgaged property as of the date of filing the action shall be named as defendants in the action.

Source: SL 1977, ch 187, § 5; SL 1981, ch 170, § 3.
S.D. Codified Laws § 21-54-14 — SD Code / Title 21 / Chapter 54 / Section 21-54-14
Report of proceedings--Contents and time of filing
Status: in_force

The lien holder, or his agent, or attorney duly authorized shall make a sworn report of the proceedings showing:

(1) Proof by affidavits of giving notice of the sale as required by this chapter, including a copy of the notice;

(2) An account of the sale, showing the items sold, amounts bid and paid, and, names and addresses of the purchasers;

(3) The amount due on the lien, together with the costs and disbursements of the sale and the surplus or deficiency remaining, if any.

The report of the sale shall be filed in the office of the register of deeds of the county within five days after the sale.

Source: SDC 1939 & Supp 1960, § 37.3408.
S.D. Codified Laws § 21-44-11 — SD Code / Title 21 / Chapter 44 / Section 21-44-11
Validation of prior inheritance tax determinations in circuit court
Status: in_force

All proceedings had prior to July 1, 1953, in any of the circuit courts of this state for the termination of a life estate, or life estates, wherein

(1) An inheritance tax report has been filed with the Department of Revenue of the State of South Dakota; and

(2) His receipt therefor has been issued; and

(3) A stipulation has been made by him as to whether or not any inheritance tax is due the State of South Dakota, and if so, the amount thereof, upon which the court has issued and entered its order declaring whether or not any inheritance tax is due the state, and if so the amount thereof; are hereby legalized, cured and validated; and all such proceedings are hereby declared to be in all respects of like force and effect as though the determination of such inheritance tax was had in the county court.

Source: SL 1953, ch 207, § 2; SDC Supp 1960, § 65.0345; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 161, eff. Apr. 12, 2011.
S.D. Codified Laws § 21-17A-32 — SD Code / Title 21 / Chapter 17A / Section 21-17A-32
Injunction not precluded
Status: in_force

Nothing in this chapter precludes the granting of relief pursuant to chapter 21-8 .

Source: SL 1983, ch 168, § 32.
S.D. Codified Laws § 21-44-4 — SD Code / Title 21 / Chapter 44 / Section 21-44-4
Joinder of proceedings as to two or more life tenants
Status: in_force

In any proceeding under the provisions of this chapter, or any other statute or rule of court pertaining to the termination of life estates as defined in § 21-44-1 , where it is claimed that two or more life tenants are deceased, each of whom had an interest in the property involved, or part thereof, all such life tenancies may be included in one proceeding.

Source: Supreme Court Order No. 4, 1957; SDC Supp 1960, § 37.1213 (1).
S.D. Codified Laws § 21-54-18 — SD Code / Title 21 / Chapter 54 / Section 21-54-18
Permit to move abandoned mobile home or manufactured home--Promulgation of rules
Status: in_force

If an owner of the real property obtains a title to a mobile home or manufactured home pursuant to § 21-54-17 , the owner of the real property shall obtain a permit pursuant to § 32-5-16.3 to move the abandoned mobile home or manufactured home. If the owner of the real property obtains a title to a mobile home or manufactured home pursuant to § 21-54-17 and files an affidavit with the county treasurer stating that the owner is going to move the abandoned mobile home or manufactured home for the sole purpose of disposal, the county treasurer shall issue the permit provided by § 32-5-16.3 without receiving payment of the current year's taxes. If the owner of the real property obtains a title to a mobile home or manufactured home pursuant to § 21-54-17 .1, the county treasurer shall issue the permit provided by § 32-5-16.3 . The Department of Revenue shall promulgate rules pursuant to chapter 1-26 to prescribe a form for the affidavit.

Source: SL 2007, ch 140, § 4; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2023, ch 66, § 4.
S.D. Codified Laws § 21-42-13 — SD Code / Title 21 / Chapter 42 / Section 21-42-13
Proof required on default judgment--Treasurer's certificate as prima facie evidence
Status: in_force

No judgment shall be entered against any defendant in default without proof of the allegations of the complaint, but the treasurer's certificate of sale shall be prima facie evidence of the validity, legality, and sufficiency of all of the proceedings leading up to the issuance of such certificate in all cases.

Source: SL 1941, ch 161, § 6; SL 1943, ch 140; SDC Supp 1960, § 37.16A06.
S.D. Codified Laws § 21-19-19 — SD Code / Title 21 / Chapter 19 / Section 21-19-19
Creditor's answer to claim of exemptions--Specification of disputed facts and valuations
Status: in_force

If the creditor disputes the facts as stated in the claim or questions the valuations of property as stated in such claim, he must, within three days of service upon him of such claim, file and serve on claimant an answer thereto. Such answer must specify the alleged facts in such claim which the creditor disputes, and the items of property claimed as additional exemptions as to which the valuations alleged by the claimant are disputed by the creditor.

Source: SDC 1939 & Supp 1960, § 37.4906.
S.D. Codified Laws § 21-65-13 — SD Code / Title 21 / Chapter 65 / Section 21-65-13
Limitations on protection order
Status: in_force

The court may not use an order issued pursuant to this chapter to do any of the following:

(1) To allow any person other than the vulnerable adult to assume responsibility for the funds, benefits, property, resources, belongings, or assets of the vulnerable adult; or

(2) For relief that is more appropriately obtained in a proceeding filed pursuant to chapter 29A-5 including giving control and management of the funds, benefits, property, resources, belongings, or assets of the vulnerable adult to a conservator for any purpose other than the relief granted pursuant to § 21-65-12 .

Source: SL 2016, ch 120, § 15.
S.D. Codified Laws § 21-15-7 — SD Code / Title 21 / Chapter 15 / Section 21-15-7
Seizure of property kept in building
Status: in_force

If the property, or any part thereof, be concealed in a building or enclosure, the sheriff shall publicly demand its delivery. If it be not forthwith delivered, he shall cause the building or enclosure to be broken open, and take the property into his possession and if necessary he may call to his aid the power of his county.

Source: CCivP 1877, § 184; CL 1887, § 4980; RCCivP 1903, § 192; RC 1919, § 2419; SDC 1939 & Supp 1960, § 37.3804.
S.D. Codified Laws § 21-51-7 — SD Code / Title 21 / Chapter 51 / Section 21-51-7
Publication and posting of notice of hearing
Status: in_force

Notice of hearing the application, petition, or complaint shall be given by publishing the same once each week for a period of three weeks preceding the hearing in some legal newspaper of the county to be designated in the order of the court as most likely to give notice to the persons interested. If no legal newspaper is published in such county, a notice shall be given by publishing the same in some legal newspaper in the state in an adjoining county and designated by the court as most likely to give notice to the persons interested and also by posting notice of such hearing at the front door of the courthouse of the county wherein the action is pending.

Source: SL 1901, ch 108; RCCivP 1903, § 880; SL 1913, ch 272, § 1; RC 1919, § 3046; SL 1920 (SS), ch 67, § 2; Supreme Court Rule 566, 1939; SDC 1939 & Supp 1960, § 37.0905.
S.D. Codified Laws § 21-18-41 — SD Code / Title 21 / Chapter 18 / Section 21-18-41
Order for payment by state as garnishee after judgment against principal defendant--Service and payment by state auditor
Status: in_force

In all cases where judgment is obtained against the principal defendant and if in the opinion of the court in which the action is pending there are funds under the control of the state treasurer subject to garnishment, the court shall direct in its order or judgment that the state auditor shall issue his warrant for such part of the moneys in the state treasury which may be affected by said garnishment proceedings and the state auditor is hereby authorized upon the receipt of a certified copy of such judgment to issue his warrant for the amount specified in the judgment or such as may have been due to the principal defendant at the time of the service of the summons in garnishment. A certified copy of such judgment and order shall be served upon the principal defendant and the state auditor shall be authorized to issue his warrant as herein specified after ten days after the service of such order and the state auditor shall be thereby fully released from all liability on account of any irregularity or invalidity of the judgment against the principal defendant.

Source: SL 1927, ch 135, § 5; SDC 1939 & Supp 1960, § 37.2818.
S.D. Codified Laws § 21-5-3 — SD Code / Title 21 / Chapter 5 / Section 21-5-3
Limitation of actions
Status: in_force

Every action for wrongful death shall be commenced within three years after the death of such deceased person.

Source: SL 1909, ch 301, § 3; RC 1919, § 2931; SDC 1939, § 37.2203; SL 1947, ch 173; SL 1951, ch 193; SL 1957, ch 194; SL 1963, ch 235; SL 1967, ch 149.
S.D. Codified Laws § 21-50-3 — SD Code / Title 21 / Chapter 50 / Section 21-50-3
Time allowed by judgment for compliance with terms of contract--Final judgment barring rights on failure to comply
Status: in_force

Upon the trial of an action under this chapter the court shall have power to and by its judgment shall fix the time within which the party or parties in default must comply with the terms of such contract on his or their part, which time shall be not less than ten days from the rendition of such judgment, and unless the parties against whom such judgment is rendered shall fully comply therewith within the time specified, such judgment shall be and become final without further order of the court, and all rights asserted under the contract sued on shall thereupon be forever barred and foreclosed.

Source: SL 1913, ch 138, § 1; RC 1919, § 2914; SDC 1939 & Supp 1960, § 37.3101.
S.D. Codified Laws § 21-55-2 — SD Code / Title 21 / Chapter 55 / Section 21-55-2
Action or damages for birth of another prohibited
Status: in_force

There shall be no cause of action or award of damages on behalf of any person based on the claim that, but for the conduct of another, a person would not have been permitted to have been born alive.

Source: SL 1981, ch 172, § 2.
S.D. Codified Laws § 21-28-15 — SD Code / Title 21 / Chapter 28 / Section 21-28-15
Judgment for dissolution of corporation
Status: in_force

If it shall be adjudged that a corporation against which an action shall have been brought, pursuant to this chapter, has by neglect, abuse, or surrender, forfeited its corporate rights, privileges, and franchises, judgment shall be rendered that the corporation be excluded from such corporate rights, privileges, and franchises, and that the corporation be dissolved.

Source: CCivP 1877, § 543; CL 1887, § 5357; RCCivP 1903, § 582; RC 1919, § 2793; SDC 1939 & Supp 1960, § 37.0504.
S.D. Codified Laws § 21-22-32 — SD Code / Title 21 / Chapter 22 / Section 21-22-32
Title 55 governs actions of trustee as party to transaction
Status: in_force

Notwithstanding the application of the principles of conflict of laws to the terms of a transaction involving a trust, whether a purchase of property by, or a sale of property to, a trust administered by a qualified person in South Dakota, as defined in § 55-3-41 , the laws of this state as set forth in title 55 shall govern the actions of the trustee as a party thereto. South Dakota shall be considered the situs of the transaction.

Source: SL 2017, ch 204, § 27.
S.D. Codified Laws § 21-45-16 — SD Code / Title 21 / Chapter 45 / Section 21-45-16
Partition by original cotenancies--Further partition or cotenancy
Status: in_force

Whenever from any cause it is, in the opinion of the court, impracticable or highly inconvenient to make a complete partition, in the first instance, among all the parties in interest, the court may first ascertain and determine the shares or interest respectively held by the original cotenants, and thereupon adjudge and cause a partition to be made, as if such original cotenants were the parties and sole parties in interest, and the only parties to the action; and thereafter may proceed in like manner to adjudge and make partition separately of each share or portion so ascertained or allotted as between those claiming under the original tenant to whom the same shall have been so set apart, or may allow them to remain tenants in common thereof, as they may desire.

Source: CCivP 1877, § 556; CL 1887, § 5370; RCCivP 1903, § 595; RC 1919, § 2806; SDC 1939 & Supp 1960, § 37.1410.
S.D. Codified Laws § 21-27-3.3 — SD Code / Title 21 / Chapter 27 / Section 21-27-3.3
Two-year statute of limitation
Status: in_force

A two-year statute of limitation applies to all applications for relief under this chapter. This limitation period shall run from the latest of:

(1) The date on which the judgment became final by the conclusion of direct review or the expiration of the time for seeking such review;

(2) The date on which the impediment to filing an application created by state action in violation of the constitution or laws of the United States or of this state is removed, if such impediment prevented the applicant from filing;

(3) The date on which the constitutional right asserted in the application was initially recognized by the Supreme Court of the United States or the Supreme Court of this state if the right has both been newly recognized and is retroactively applicable to cases on collateral review; or

(4) The date on which the factual predicate of the claim or claims presented could have been discovered through the exercise of due diligence.

Source: SL 2012, ch 118, § 3.
S.D. Codified Laws § 21-10-26 — SD Code / Title 21 / Chapter 10 / Section 21-10-26
Logging slash defined
Status: in_force

For the purposes of this section and § 21-10-27 , the term "logging slash" is logging debris consisting of treetops, limbs, cull logs, and other separate vegetation remaining after harvest which has no commercial value. Logging slash shall be treated by lopping and scattering the vegetation, by removal from the site or by piling and burning. Standards for lopping and scattering, abandonment, removal, or piling and burning, and procedures for the enforcement of those standards, shall be established by rules promulgated by the Division of Forestry pursuant to chapter 1-26 .

Source: SL 1989, ch 187, § 1; SL 1990, ch 30, § 21.
S.D. Codified Laws § 21-18-4 — SD Code / Title 21 / Chapter 18 / Section 21-18-4
Affidavit covering more than one garnishee--Joint and several proceedings
Status: in_force

Any number of garnishees may be embraced in the same affidavit, but if a joint liability is claimed against any, it shall be so stated, and the garnishee named as jointly liable shall be deemed jointly proceeded against; otherwise the several garnishees shall be deemed severally proceeded against.

Source: SL 1909, ch 156, § 2; RC 1919, § 2454; SDC 1939, § 37.2802; SL 1939, ch 144.
S.D. Codified Laws § 21-45-5 — SD Code / Title 21 / Chapter 45 / Section 21-45-5
Service of summons--Description included when served by publication
Status: in_force

The summons must be served in the manner prescribed for service of summons in actions to determine adverse claims to real estate, and when the summons is served by publication, it must contain a description of the property.

Source: CCivP 1877, § 553; CL 1887, § 5367; RCCivP 1903, § 592; RC 1919, § 2803; SDC 1939 & Supp 1960, § 37.1407.
S.D. Codified Laws § 21-43-3 — SD Code / Title 21 / Chapter 43 / Section 21-43-3
Procedure
Status: in_force

The procedure for actions under this chapter shall be according to the provisions of Title 15, but such of the provisions of chapters 21-14 and 21-41 as are not inconsistent with those of Title 15 shall be applicable to actions under this chapter.

Source: SDC 1939 & Supp 1960, § 37.1602.
S.D. Codified Laws § 21-10-5 — SD Code / Title 21 / Chapter 10 / Section 21-10-5
Remedies against nuisances enumerated
Status: in_force

Remedies against any nuisance are:

(1) A civil action;

(2) Abatement; and

(3) In cases of public nuisance only, the additional remedy of indictment or information as prescribed by statute and rules relating thereto.

Source: CivC 1877, §§ 2054, 2055, 2059; CL 1887, §§ 4688, 4689, 4693; RCivC 1903, §§ 2400, 2401, 2405; RC 1919, §§ 2073, 2074, 2086; SDC 1939 & Supp 1960, § 37.4707.
S.D. Codified Laws § 21-51-12 — SD Code / Title 21 / Chapter 51 / Section 21-51-12
Removal of counterfeit lien--Filing of action
Status: in_force

A person who is the purported debtor or obligor or who owns real or personal property or an interest in real or personal property and who has reason to believe that the document purporting to create a lien or a claim against the real or personal property or an interest in the real or personal property previously recorded is counterfeit pursuant to chapter 22-11 , may file an action in circuit court pursuant to § 20-9-33 or 20-9-34 to have the purported lien removed. The filing of such an action does not bar the injured party from recovering damages as part of the action, in addition to fees, costs, or expenses allowed by those sections.

Source: SL 1998, ch 41, § 2; SL 2005, ch 120, § 232.
S.D. Codified Laws § 21-27-14 — SD Code / Title 21 / Chapter 27 / Section 21-27-14
Hearing and disposition of cause by judge
Status: in_force

The court or judge shall proceed in a summary way to settle the facts by hearing the evidence and arguments, as well of all persons interested civilly, if any there be, as of the applicant and the person who holds him in custody, and shall dispose of the applicant as the case may require.

Source: CCrimP 1877, § 673; CL 1887, § 7841; RCCrimP 1903, § 773; RC 1919, § 4980; SDC 1939 & Supp 1960, § 37.5504.
S.D. Codified Laws § 21-37-9 — SD Code / Title 21 / Chapter 37 / Section 21-37-9
Hearing and order on change of name of municipality or platted portion--Proof of voters' desire required--Duplication of names avoided
Status: in_force

At the time and place specified in the notice and upon proof in open court to the satisfaction of the judge thereof that notice of the hearing has been given as provided in § 21-37-8 and that two - thirds of the legal voters of such municipality desire such change of name, and that there is no other municipality in the state of the name asked for, or in the case of proposed change of name of a platted or mapped portion of a municipality, that there is no other platted or mapped portion of the same name as proposed in said municipality, unless the portion is being added to a portion with the name to which change is sought, the court or judge may order and direct such change of name and direct the clerk to enter such order.

Source: CCivP 1877, § 736; CL 1887, § 5558; RCCivP 1903, § 805; RC 1919, § 3044; Supreme Court Rule 569, 1939; SDC 1939 & Supp 1960, § 37.1003 (3).
S.D. Codified Laws § 21-3A-10 — SD Code / Title 21 / Chapter 3A / Section 21-3A-10
Survivorship of liability for installment payments--Wrongful death action--Qualifying survivor defined
Status: in_force

In all cases covered by this chapter in which future damages are payable in periodic installments, the liability for payment of any installments for medical or other costs of health care or noneconomic loss not yet due at the death of a person entitled to receive these benefits terminates upon the death of that person. The liability for payment of any other installments or portions thereof not yet due at the death of the person entitled to receive them likewise terminates except as provided herein.

If, in an action for wrongful death, a judgment for periodic installments provides payments to more than one person entitled to receive benefits for losses that do not terminate under this section and one or more but fewer than all of them die, the surviving beneficiaries succeed to the shares of the deceased beneficiaries. The surviving beneficiaries are entitled to shares proportionate to their shares in the periodic installments not yet paid, but they are not entitled to receive payments beyond the respective periods specified for them in the judgment.

If, in an action other than one for wrongful death, a judgment for periodic installments is entered and a person entitled to receive benefits for losses that do not terminate under this section under the judgment dies and is survived by one or more qualifying survivors, any periodic installments not yet due at the death shall be shared equitably by those survivors. Amounts due each survivor may not exceed the survivor's economic loss resulting from the death.

Qualifying survivor means a person who, had the death been caused under circumstances giving rise to a cause of action for wrongful death, would have qualified as a beneficiary at the time of the death according to the law that would be applied in an action for wrongful death by the jurisdiction under which the issue of liability was resolved in entering the judgment for periodic installments.

Source: SL 1986, ch 163, § 10.
S.D. Codified Laws § 21-10-25.8 — SD Code / Title 21 / Chapter 10 / Section 21-10-25.8
Agricultural operation nuisance--Punitive damages
Status: in_force

Any punitive damages claim in a private nuisance action brought against an agricultural operation is determined pursuant to § 21-3-2 . Additionally, a plaintiff may not recover punitive damages in a nuisance action against an agricultural operation unless:

(1) The alleged nuisance is based on substantially the same conduct that was subject to a civil enforcement judgment or criminal conviction taken by any county, municipal, state, or federal environmental regulatory agency pursuant to a notice of violation for the conduct alleged to be the source of the nuisance; and

(2) The conviction or judgment occurred within three years of the first action forming the basis of the nuisance action.

Source: SL 2023, ch 65, § 5.
S.D. Codified Laws § 21-26-6 — SD Code / Title 21 / Chapter 26 / Section 21-26-6
Execution on judgment
Status: in_force

Execution may be issued and enforced on the judgment in the same manner as upon judgments in other cases in such court.

Source: CCivP 1877, § 717; CL 1887, § 5539; RCCivP 1903, § 786; RC 1919, § 3025; Supreme Court Rule 555, 1939; SDC 1939 & Supp 1960, § 37.0303.
S.D. Codified Laws § 21-48A-3 — SD Code / Title 21 / Chapter 48A / Section 21-48A-3
Possession of property by mortgagee
Status: in_force

Until the completion of foreclosure pursuant to this chapter, the mortgagee shall possess the real property subject to liens of record at the time of the conveyance by the mortgagor. However, the lien of the mortgagee shall remain prior to liens which were junior to the mortgage at the time of conveyance by the mortgagor to the mortgagee.

Source: SL 1991, ch 185, § 3.
S.D. Codified Laws § 21-10-34 — SD Code / Title 21 / Chapter 10 / Section 21-10-34
Prospective application of §§21-10-28to21-10-33
Status: in_force

The provisions of §§ 21-10-28 to 21-10-34 , inclusive, apply prospectively and do not apply to any action filed before July 1, 1999.

Source: SL 1999, ch 113, § 7.
S.D. Codified Laws § 21-17A-6 — SD Code / Title 21 / Chapter 17A / Section 21-17A-6
Amendment of affidavit
Status: in_force

The affidavit required by §§ 21-17A-3 to 21-17A-5 , inclusive, may be amended any time before the trial by the substitution of a new affidavit containing allegations of facts existing at the time of making the former affidavit.

Source: SL 1983, ch 168, § 6.
S.D. Codified Laws § 21-21-1 — SD Code / Title 21 / Chapter 21 / Section 21-21-1
Pending actions in which receivership authorized to prevent loss of property
Status: in_force

A receiver may be appointed by the court in which an action is pending, or by the judge thereof, on the application of the plaintiff or of any party whose right to or interest in the property, funds, or proceeds thereof is probable, and where it is shown that the property or fund is in danger of being lost, removed, or materially injured, in any of the following actions:

(1) By a vendor to vacate a fraudulent purchase of property;

(2) By a creditor to subject any property or fund to his claim;

(3) Between partners or others jointly owning or interested in any property or fund.

Source: CCivP 1877, § 219, subdiv 1; CL 1887, § 5015, subdiv 1; RCCivP 1903, § 227, subdiv 1; RC 1919, § 2475 (1); SDC 1939 & Supp 1960, § 37.2601 (1).
S.D. Codified Laws § 21-27-26 — SD Code / Title 21 / Chapter 27 / Section 21-27-26
Order remanding applicant to custody--Conclusive on second application for writ
Status: in_force

When any person shall be remanded in any habeas corpus proceeding, it shall be the duty of the court or judge remanding him to make out and deliver to the sheriff or other person to whose custody he shall be remanded an order in writing stating the cause or causes of remanding him. If such person shall obtain a second writ of habeas corpus, it shall be the duty of such sheriff, or other person to whom the same shall be directed, to return therewith the order aforesaid, and if it shall appear that such person was remanded for any offense adjudged not bailable, it shall be taken and received as conclusive and the applicant shall be remanded without further proceedings.

Source: CCrimP 1877, § 675; CL 1887, § 7843; RCCrimP 1903, § 775; RC 1919, § 4981; SDC 1939 & Supp 1960, § 37.5505.
S.D. Codified Laws § 21-32-10 — SD Code / Title 21 / Chapter 32 / Section 21-32-10
Original action in Supreme Court on claim disallowed by state auditor--Filing of complaint
Status: in_force

It shall be competent for any person deeming himself aggrieved by the refusal of the state auditor to allow any just claim against the state, to commence an action against the state by filing with the clerk of the Supreme Court in accordance with chapter 15-25 a complaint setting forth fully and particularly the nature of the claim.

Source: SL 1890, ch 1, § 1; RCCivP 1903, § 25; RC 1919, § 2109; SDC 1939 & Supp 1960, § 33.0604.
S.D. Codified Laws § 21-44-15 — SD Code / Title 21 / Chapter 44 / Section 21-44-15
Clear and convincing proof required--Adjournment to secure additional evidence--Affidavits to establish death of life tenant
Status: in_force

Clear and convincing proof of the identity and death of the life tenant must be submitted. If the court is not satisfied with the proof offered at the hearing whether it be contested or not, the court may adjourn such hearing to a convenient future date, and require the petitioner at such adjourned hearing to produce a certified copy of the death certificate of the life tenant, if he died within a state where such certificates are a matter of public record, or in lieu thereof, the affidavits of two or more persons, that they knew the life tenant in his lifetime, and after his death saw his body.

If such affidavits are made outside South Dakota, they must be accompanied by a statement of an officer of the state or country where such affidavits are made, that he personally knows affiants, that they are persons having a good reputation for truth and veracity, and as law abiding citizens.

Source: Supreme Court Rule adopted August 10, 1943; SDC Supp 1960, § 37.1206.
S.D. Codified Laws § 21-41-3 — SD Code / Title 21 / Chapter 41 / Section 21-41-3
Request before action for quitclaim deed--Expense tendered--Costs and attorney fees
Status: in_force

A person or entity is liable for costs, disbursements, and reasonable attorney's fees if the party seeking to quiet title is successful, and at least twenty days before bringing suit, the party seeking to quiet title:

(1) Delivers to the person or entity, and requests the person or entity to execute and return, a quitclaim deed or other instrument necessary to divest the person or entity of an apparent adverse interest or right;

(2) Tenders to the person or entity one hundred dollars for costs associated with the handling and notarization of the instrument; and

(3) The person or entity refuses or neglects to comply with the request.

Source: SL 1913, ch 170; RC 1919, § 2867; SDC 1939 & Supp 1960, § 37.1523; SL 2024, ch 78, § 1.
S.D. Codified Laws § 21-42-16 — SD Code / Title 21 / Chapter 42 / Section 21-42-16
Contents of judgment--Direction to issue deed--Costs
Status: in_force

The judgment entered on the findings of fact and conclusions of law in all cases under the provisions of this chapter, shall decree that such judgment is binding and conclusive upon the defendants named and served therein, and upon all defendants who are unknown to the plaintiff at the time of the commencement of said action, and that all defendants are forever barred and enjoined from claiming or asserting any claim, right, title or interest of any kind whatsoever in and to the property described in said judgment, or any part thereof; said judgment by its terms shall order and direct the county treasurer of said county to issue a deed of conveyance in the name of the State of South Dakota to the plaintiff for said land and decree that said deed shall vest in the plaintiff the title to said premises in fee simple, free and clear of all cloud on the title thereof by reason of any claim or any estate or interest in or lien or encumbrance upon said premises, or any part thereof, by any persons known or unknown and made defendants in said action. The court shall allow the successful party his costs.

Source: SL 1941, ch 161, §§ 6, 7; SL 1943, ch 140; SL 1945, ch 165, § 1; SDC Supp 1960, §§ 37.16A06, 37.16A07.
S.D. Codified Laws § 21-22-7.1 — SD Code / Title 21 / Chapter 22 / Section 21-22-7.1
Notice of entry of order--Requirements
Status: in_force

Notice of entry as required by § 15-26A-6 shall require only that notice that an order has been entered has been served. Absent a court order to the contrary, there is no requirement that the order be attached to the notice of entry.

Source: SL 2002, ch 100, § 7.
S.D. Codified Laws § 21-34-14 — SD Code / Title 21 / Chapter 34 / Section 21-34-14
Stay of execution pending appeal to Supreme Court
Status: in_force

Stay of execution in cases appealed pursuant to § 21-34-13 shall be in the discretion of the circuit court, but subject to right of application by any party interested to the Supreme Court on the matter of such stay of execution for such modification of any order granting or refusing the same as to the Supreme Court may seem warranted.

Source: SDC 1939, § 65.0107.
S.D. Codified Laws § 21-22-18 — SD Code / Title 21 / Chapter 22 / Section 21-22-18
Parties served with notice--Personal, mail, or electronic service
Status: in_force

The notice provided by § 21-22-17 shall be served upon fiduciaries, beneficiaries, and attorneys of record, except as otherwise provided in chapter 55-18 . Notice shall be served personally, by mail, postage prepaid, addressed to each person at the last known post office address as shown by the records and files in the proceeding, or electronically in accordance with § 15-6-5(b) and applicable local rules, at least fourteen days prior to the hearing, unless and to the extent that the court for good cause shown directs a shorter period or approves a different form of notice for some or all persons.

Source: SDC 1939, § 33.2610; Supreme Court Rule adopted November 4, 1941; Supreme Court Rule adopted October 14, 1957; SL 1982, ch 174, § 2; SL 1998, ch 282, § 38; SL 2014, ch 226, § 13; SL 2017, ch 208, § 27; SL 2023, ch 161, § 1.
S.D. Codified Laws § 21-5-6 — SD Code / Title 21 / Chapter 5 / Section 21-5-6
Settlement of claim by personal representative--Court approval required--Consent by competent beneficiaries
Status: in_force

Such personal representative may at any time before or after the commencement of a suit for wrongful death settle with the defendant the amount to be paid to him as damages for the wrongful death of the decedent. If such personal representative was appointed in this state and settlement is made before the commencement of a suit such settlement must have the approval of the court of the representative's appointment. If settlement is made at any time after the commencement of suit, whether before or after judgment therein, such settlement must have the consent and approval of the court wherein the action is pending; provided, however, that if the personal representative was appointed in this state he may make such settlement upon the consent and approval of either the court wherein the action is pending or the court of his appointment. If all the statutory beneficiaries are of full age and competent and consent in writing to the proposed settlement the same may be made at any time, before or after suit, without the consent of either court.

Source: SL 1909, ch 301, § 3; RC 1919, § 2931; SDC 1939, § 37.2203; SL 1947, ch 173; SL 1951, ch 193; SL 1957, ch 194; SL 1963, ch 235; SL 1967, ch 149.
S.D. Codified Laws § 21-40-4 — SD Code / Title 21 / Chapter 40 / Section 21-40-4
Practice and procedural rules
Status: in_force

Actions to determine boundary lines shall be governed by the general rules relating to pleadings, practice, and procedure in civil actions as near as may be, except as otherwise provided in this chapter.

Source: SL 1923, ch 140, § 2; Supreme Court Rule 577, 1939; SDC 1939 & Supp 1960, § 37.1302.
S.D. Codified Laws § 21-27-7 — SD Code / Title 21 / Chapter 27 / Section 21-27-7
Writ used to produce prisoners for testimony in criminal proceedings
Status: in_force

The Supreme and circuit courts and the judges thereof shall have power to issue writs of habeas corpus for the purpose of bringing any person imprisoned in any prison before any court or magistrate, to testify in any criminal action or proceeding in any county of the state, and returning such person to such prison.

Source: CCrimP 1877, § 689; CL 1887, § 7857; RCCrimP 1903, § 789; RC 1919, § 4991; SDC 1939 & Supp 1960, § 37.5503.
S.D. Codified Laws § 21-19-16 — SD Code / Title 21 / Chapter 19 / Section 21-19-16
Retention of property claimed as exempt until final determination
Status: in_force

If the debtor or a dependent makes claim of exemptions, the officer must retain in his possession all property claimed as exempt until final determination of such claim.

Source: SDC 1939 & Supp 1960, § 37.4910.
S.D. Codified Laws § 21-3-13 — SD Code / Title 21 / Chapter 3 / Section 21-3-13
Limitation of damages recoverable for injury or death of rodeo contestant
Status: in_force

No person who voluntarily participates as a contestant in any rodeo, his representative or his estate may recover damages in excess of one hundred thousand dollars for wrongful death or personal injury arising out of such participation.

Source: SL 1985, ch 168, § 1.
S.D. Codified Laws § 21-1-15 — SD Code / Title 21 / Chapter 1 / Section 21-1-15
Definitions
Status: in_force

Terms used in this section and § 21-1-16 mean:

(1) "Action," any civil lawsuit or action in contract or tort for damage or indemnity brought against a construction professional to assert a claim for damage or the loss of use of real or personal property caused by a construction defect. The term does not include a counterclaim, cross-claim, or civil action in tort alleging personal injury or wrongful death resulting from a construction defect;

(2) "Construction defect," a deficiency in or arising out of the supervision, construction, or remodeling of a residence that results from any of the following:

(a) Defective materials, products, or components used in the construction or remodeling of a residence;

(b) Violation of the applicable building, plumbing, or electrical codes in effect at the time of the construction or remodeling of a residence; or

(c) Failure to construct or remodel a residence in accordance with contract specifications or accepted trade standards;

(3) "Construction professional," a builder, contractor, or subcontractor performing or furnishing the supervision of the construction or remodeling of any residence, whether operating as a sole proprietor, partnership, corporation, or other business entity;

(4) "Home owner," any person, company, firm, partnership, corporation, or association who contracts with a construction professional for the remodeling, construction, or construction and sale of a residence. The term includes a subsequent purchaser of a residence from any home owner;

(5) "Residence," a single-family house or a unit in a multi-unit residential structure in which title to each individual unit is transferred to the owner under a condominium or cooperative system;

(6) "Serve" or "service," personal delivery or delivery by certified mail to the last known address of the addressee.

Source: SL 2007, ch 137, § 1.
S.D. Codified Laws § 21-22-2 — SD Code / Title 21 / Chapter 22 / Section 21-22-2
Application of chapter and §§55-3-24to55-3-48
Status: in_force

This chapter applies to all trusts if any part of the trust estate has its situs within this state or if the trustee or a beneficiary resides in this state, except as otherwise specifically provided by statute or rule of court, the intent being to exclude therefrom such trusts as a statutory assignment for the benefit of creditors, probate administrations, conservatorships, and all other trusts as to which specific provision is made for court supervision. The provisions of §§ 55-3-24 to 55-3-48 , inclusive, are applicable to actions or proceedings relating to trusts supervised or administered under this chapter.

Source: SDC 1939 & Supp 1960, § 33.2602; SL 1993, ch 213, § 98; SL 2000, ch 229, § 19; SL 2016, ch 231, § 27.
S.D. Codified Laws § 21-35-14 — SD Code / Title 21 / Chapter 35 / Section 21-35-14
Continuance of proceedings as to defendants not served
Status: in_force

As to all defendants not served before the trial said proceedings shall be continued as the court may direct, for the purpose of serving the summons on such defendants.

Source: SL 1891, ch 94, § 14; RCCivP 1903, § 876; RC 1919, § 2951; Supreme Court Rule 602, 1939; SDC 1939 & Supp 1960, § 37.4009.
S.D. Codified Laws § 21-42-7 — SD Code / Title 21 / Chapter 42 / Section 21-42-7
Procedural rules not exclusive of other procedures to perfect tax title
Status: in_force

The rules of procedure outlined by §§ 21-42-4 to 21-42-6 , inclusive, shall apply to actions hereafter brought to procure tax deeds under the provisions of this chapter, or to perfect titles under existing tax deeds, but shall not be exclusive of any other statutory procedure to procure tax deeds and to quiet title upon tax deeds.

Source: SL 1941, ch 161, § 2; SL 1943, ch 140; SDC Supp 1960, § 37.16A02.
S.D. Codified Laws § 21-25A-18 — SD Code / Title 21 / Chapter 25A / Section 21-25A-18
Witness fees
Status: in_force

Fees for attendance as a witness shall be the same as for a witness in the circuit courts of this state.

Source: SL 1971, ch 157, § 7.
S.D. Codified Laws § 21-52-25 — SD Code / Title 21 / Chapter 52 / Section 21-52-25
Certificate of redemption issued by sheriff--Contents of certificate--Statement of amount required for further redemption
Status: in_force

Upon making each redemption the sheriff shall execute to the person making the redemption a certificate setting forth the fact of such redemption, the amount paid by the redemptioner, including the debt for which the property was sold and any subsequent liens which the redemptioner was required under the terms of this chapter to pay, together with interest thereon, and the amounts of principal and interest, insurance, and taxes paid as required by this chapter, which certificate shall include a specific statement of the whole amount required to be paid on redemption from such redemptioner.

Source: SL 1949, ch 142, § 13; SDC Supp 1960, § 37.5613 (1).
S.D. Codified Laws § 21-28-19 — SD Code / Title 21 / Chapter 28 / Section 21-28-19
Judgment of exclusion against claimant to office or corporation--Costs--Pecuniary penalty
Status: in_force

When a defendant, whether a natural person or a corporation, against whom a civil action authorized by this chapter shall have been brought shall be adjudged guilty of usurping or intruding into, or unlawfully holding or exercising any office, franchise, or privilege, judgment shall be rendered that such defendant be excluded from such office, franchise, or privilege, and also that the plaintiff recover costs against such defendant. The court may also, in its discretion, assess a penalty not exceeding five hundred dollars against the defendant which penalty may be collected as a part of the judgment and the defendant shall be subject to body execution for collection of the same, and which when collected shall be paid into the treasury of the state.

Source: CCivP 1877, § 542; CL 1887, § 5356; RCCivP 1903, § 581; RC 1919, § 2792; SDC 1939 & Supp 1960, § 37.0517.
S.D. Codified Laws § 21-18-26 — SD Code / Title 21 / Chapter 18 / Section 21-18-26
Garnishee's affidavit denying liability--Form
Status: in_force

Within thirty days from the service of such garnishee summons the garnishee may, if the truth warrants, file with the clerk of the court in which the action is pending, and serve a copy thereof upon the plaintiff, his affidavit in substantially the following form:

A. B., Plaintiff, vs.

C. D., Defendant,

E. F., Garnishee.

E. F., being duly sworn, says that on the ____ day of ________, 20____, he was served with a garnishee summons in the above entitled action; that he was then in no manner and upon no account whatever indebted or under liability to the defendant (naming him), and that he then had in his possession or under his control, no real estate and no personal property, effects, or credits of any description whatever, belonging to said defendant or in which he had any interest; and is in no manner liable as garnishee in this action.

Subscribed and sworn to before me this ____ day of ________, 20____.

Source: SL 1909, ch 156, § 8; RC 1919, § 2460; Supreme Court Rule 588, 1939; SDC 1939 & Supp 1960, § 37.2811.
S.D. Codified Laws § 21-18-46 — SD Code / Title 21 / Chapter 18 / Section 21-18-46
Right to jury trial in garnishment proceedings
Status: in_force

Any party to an issue in the garnishment proceeding shall be entitled to a jury trial in all cases where jury trials are allowed in ordinary civil actions.

Source: SDC 1939 & Supp 1960, § 37.2824.
S.D. Codified Laws § 21-54-10 — SD Code / Title 21 / Chapter 54 / Section 21-54-10
Sale at auction to highest bidder--Purchase by lien holder
Status: in_force

The sale shall be made at public auction to the highest bidder for cash. The lien holder may bid and purchase and have the amount of his bid credited on his lien.

Source: SDC 1939 & Supp 1960, § 37.3407.
S.D. Codified Laws § 21-28-4 — SD Code / Title 21 / Chapter 28 / Section 21-28-4
Relator joined with state as party--Security required to indemnify state
Status: in_force

When an action shall be brought by the state's attorney by virtue of this chapter, on the relation or information of a person having an interest in the question, the name of such person shall be joined with the state as relator, and in every such case the state's attorney may require, as a condition for bringing such action, that satisfactory security shall be given to indemnify the state against costs and expenses to be incurred thereby.

Source: CCivP 1877, § 535; CL 1887, § 5349; RCCivP 1903, § 574; RC 1919, § 2785; SDC 1939 & Supp 1960, § 37.0511.
S.D. Codified Laws § 21-45-35 — SD Code / Title 21 / Chapter 45 / Section 21-45-35
Payment to guardian of proceeds of sale
Status: in_force

If the share of a minor is sold, the proceeds of the sale may be paid by the referee making the sale to his guardian, or the guardian ad litem appointed for him in the action, upon giving the security required by law, or directed by order of the court.

Source: SDC 1939 & Supp 1960, § 37.1425; SL 1993, ch 213, § 104.
S.D. Codified Laws § 21-22-10 — SD Code / Title 21 / Chapter 22 / Section 21-22-10
Fixing terms of trustee's bond--Amount and conditions--Sureties--Time of filing--New bond
Status: in_force

Unless the trustee is exempted by the terms of the instrument creating the trust from furnishing a bond or unless the instrument itself provides the amount and condition of such bond, the trustee shall, upon commencement of court supervision, petition the court to fix the amount and conditions of bond unless the conditions of § 21-22-21 have been met. The court shall then fix a time and place for hearing and direct notice thereof to be given as provided in this chapter. The bond shall be conditioned that the trustee will faithfully perform the trustee's trust and duly account for all money and property received, and the amount of the bond shall be fixed by the court in a sum which in the opinion of the court shall be sufficient to protect the interest of the beneficiaries. The bond shall be either with a corporate surety or with at least two personal sureties to be approved by the court who are residents and freeholders of this state and who together are worth in excess of all their liabilities and property exempt from execution, at least the amount of the bond. The trustee shall file the bond within ten days after entry of the order requiring that the bond be filed. If it appears that the proper administration of the trust requires that a new bond be given, the court may require such new bond.

Source: Supreme Court Rule, Part 3, Rule 9, September, 1923; Supreme Court Rule 248, 1939; SDC 1939, § 33.2612; Supreme Court Rule adopted Feb. 11, 1952; SL 2014, ch 226, § 11.
S.D. Codified Laws § 21-47-9 — SD Code / Title 21 / Chapter 47 / Section 21-47-9
Examination of premises on judgment for plaintiff
Status: in_force

If the defendant shall not bring into court the amount due, with costs, or if, for any other cause, a judgment or decree shall be entered for the plaintiff, the court may appoint a referee to ascertain and report the situation of the mortgaged premises, or may determine the same on oral or other testimony.

Source: CCivP 1877, § 628; CL 1887, § 5442; RCCivP 1903, § 668; RC 1919, § 2908; SDC 1939 & Supp 1960, § 37.2909.
S.D. Codified Laws § 21-47-24.1 — SD Code / Title 21 / Chapter 47 / Section 21-47-24.1
Lien priority in crops determined by Uniform Commercial Code
Status: in_force

Notwithstanding anything in §§ 15-19-17.1 , 21-47-24 and 21-48-21 to the contrary, the lien priority of a secured party in crops shall be determined by the provisions of Title 57A.

Source: SL 1986, ch 177, § 4.
S.D. Codified Laws § 21-16-9 — SD Code / Title 21 / Chapter 16 / Section 21-16-9
Certification to circuit court of title and boundary questions raised in magistrate court
Status: in_force

If the title to or boundary of the real property or the title to an occupied structure in any wise comes in question, in magistrate court, the case shall be certified to the circuit court as provided by rule of the Supreme Court.

Source: 1939 & Supp 1960, § 37.3905; SL 1974, ch 153, § 39; SL 1992, ch 156, § 3.
S.D. Codified Laws § 21-49-37 — SD Code / Title 21 / Chapter 49 / Section 21-49-37
Recording certificate of redemption
Status: in_force

The certificate of redemption shall be filed for record in the office of register of deeds of the counties where the property is located.

Source: SL 1977, ch 187, § 26.
S.D. Codified Laws § 21-45-33 — SD Code / Title 21 / Chapter 45 / Section 21-45-33
Referees and conservators disqualified from purchasing at sale
Status: in_force

None of the referees, nor any person for the benefit of any of them, can be interested in any purchase; nor can a conservator of a minor party be interested in the purchase of any real property being the subject of the action except for the benefit of the minor. All sales contrary to the provisions of this section are void.

Source: SDC 1939 & Supp 1960, § 37.1434; SL 1993, ch 213, § 103.
S.D. Codified Laws § 21-28-8 — SD Code / Title 21 / Chapter 28 / Section 21-28-8
Judgment on defendant's right to office and right of person allegedly entitled
Status: in_force

In every such case judgment shall be rendered upon the right of the defendant, and also upon the right of the party alleged to be entitled as provided by § 21-28-6 , or only upon the right of the defendant, as justice shall require.

Source: CCivP 1877, § 537; CL 1887, § 5351; RCCivP 1903, § 576; RC 1919, § 2787; SDC 1939 & Supp 1960, § 37.0513.
S.D. Codified Laws § 21-2-8 — SD Code / Title 21 / Chapter 2 / Section 21-2-8
Damages for carrier's failure to accept freight, messages or passengers
Status: in_force

The detriment caused by breach of a carrier's obligation by failure to accept freight, messages, or passengers, is deemed to be the difference between the amount he had a right to charge for the carriage and the amount it would be necessary to pay for the same service when it ought to be performed.

Source: CivC 1877, § 1962; CL 1887, § 4595; RCivC 1903, § 2307; RC 1919, § 1979; SDC 1939 & Supp 1960, § 37.1808 (1).
S.D. Codified Laws § 21-36-14 — SD Code / Title 21 / Chapter 36 / Section 21-36-14
Retention of jurisdiction by circuit court for payment of claims and conservation of estate--Surrender of property to receiver--Stay of proceedings in circuit court
Status: in_force

In all cases where the circuit court, exercising probate jurisdiction, has acquired jurisdiction by the appointment of a personal representative for an estate prior to the filing of the complaint in the circuit court pursuant to § 21-36-7 , such court may retain jurisdiction for the purpose of paying claims against and conserving said estate until the settlement of the final account and the said estate is ready for final distribution; whereupon the possession of the property belonging to said estate shall be surrendered by personal representative to the receiver appointed by the circuit court; and pending the administration of said estate the proceedings commenced pursuant to § 21-36-7 shall be stayed.

Source: SL 1909, ch 104, § 5; RC 1919, § 3053; SDC 1939 & Supp 1960, § 37.4204.
S.D. Codified Laws § 21-49-32 — SD Code / Title 21 / Chapter 49 / Section 21-49-32
Waste of property restrained during redemption period
Status: in_force

Until the expiration of the time for redemption, the court may restrain the commission of waste on the property upon the application of the purchaser or the judgment creditor.

Source: SL 1977, ch 187, § 21.
S.D. Codified Laws § 21-48-6.1 — SD Code / Title 21 / Chapter 48 / Section 21-48-6.1
Written notice of foreclosure sale required--Time--Parties
Status: in_force

At least twenty - one days prior to the date set for sale, the foreclosing creditor shall serve a written copy of the notice of foreclosure sale on the mortgagor and any lien holder or encumbrancer whose interest in the property being foreclosed would be affected by the foreclosure.

Source: SL 2002, ch 101, § 3.
S.D. Codified Laws § 21-18-48 — SD Code / Title 21 / Chapter 18 / Section 21-18-48
Judgment against garnishee as discharge of liability to defendant
Status: in_force

The judgment against a garnishee shall acquit and discharge him from all demands by the defendant, or his representative, for all money, goods, effects, or credits paid, delivered, or accounted for by the garnishee by force of such judgment.

Source: SL 1909, ch 156, § 15; RC 1919, § 2468; SDC 1939 & Supp 1960, § 37.2825.
S.D. Codified Laws § 21-52-7 — SD Code / Title 21 / Chapter 52 / Section 21-52-7
Owner's final right of redemption--Time allowed after expiration of other redemption periods
Status: in_force

The owner, his grantee, or successor in interest shall at all times have the final right to redeem after any and all redemptions as hereinafter provided shall have been made; and that right may be exercised by the owner, his grantee, or his successor in interest within fifteen days after the expiration of all other rights to redeem. The purpose of this section is to provide that the owner, any person to whom he has conveyed his title during the redemption period, and, in the event of his death, his successors in interest, shall possess a final right to redeem.

Source: SL 1949, ch 142, § 7; SDC Supp 1960, § 37.5607 (3).
S.D. Codified Laws § 21-35-7 — SD Code / Title 21 / Chapter 35 / Section 21-35-7
Interpleader of adverse claimants to compensation
Status: in_force

If there be adverse claimants for the compensation, the court may require such adverse claimants to interplead, so as to determine fully the rights and interests in such compensation.

Source: SL 1891, ch 94, § 12; RCCivP 1903, § 874; RC 1919, § 2949; Supreme Court Rule 598, 1939; SDC 1939 & Supp 1960, § 37.4003.
S.D. Codified Laws § 21-67-2 — SD Code / Title 21 / Chapter 67 / Section 21-67-2
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Consent," affirmative, conscious, and voluntary authorization by an individual with legal capacity to give authorization;

(2) "Depicted individual," an individual whose body is shown in whole or in part in an intimate image;

(3) "Disclosure," transfer, publication, or distribution to another person. Disclose has a corresponding meaning;

(4) "Identifiable," recognizable by a person other than the depicted individual:

(A) From an intimate image itself; or

(B) From an intimate image and identifying characteristic displayed in connection with the intimate image;

(5) "Identifying characteristic," information that may be used to identify a depicted individual;

(6) "Individual," a human being;

(7) "Intimate image," a photograph, film, video recording, or other similar medium that shows:

(A) The uncovered genitals, pubic area, anus, or female post-pubescent nipple of a depicted individual; or

(B) A depicted individual engaging in or being subjected to sexual conduct;

(8) "Person," an individual, estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity;

(9) "Sexual conduct," includes:

(A) Masturbation;

(B) Genital, anal, or oral sex;

(C) Sexual penetration of, or with, an object;

(D) Bestiality; or

(E) The transfer of semen onto a depicted individual.

Source: SL 2020, ch 77, § 2.
S.D. Codified Laws § 21-57-1 — SD Code / Title 21 / Chapter 57 / Section 21-57-1
Liability for dishonored checks, drafts, or orders--Minimum and maximum amounts--Court costs and interest--Satisfaction
Status: in_force

In any civil action brought for the purpose of collecting a check, draft, or order of payment, any person who makes, draws, or issues any check, draft, or order of payment that is dishonored and is not paid within thirty days after mailing of a notice of dishonor sent in compliance with §§ 21-57-4 and 21-57-5 is liable to the holder or assignee for collection for an amount equal to three times the face amount of the check. However, in no case, including any combination pursuant to § 21-57-6 , may the liability for damages be less than one hundred dollars nor greater than two hundred dollars. The maker, drawer, or issuer is also liable to the holder or assignee for allowable court costs, filing fees, and interest computed at the legal rate from the date of the check, draft, or order that payment was issued. Subsequent to the commencement of an action as provided for in this section, but prior to the court hearing, the maker, drawer, or issuer may tender to the holder or assignee, as satisfaction of the claim, an amount of money equal to the face amount of the check together with the returned check fee as provided for under § 57A-3-421 together with accrued interest and incurred court costs.

Source: SL 1999, ch 112, § 1.
S.D. Codified Laws § 21-38-1 — SD Code / Title 21 / Chapter 38 / Section 21-38-1
Court records and register of deeds records subject to restoration procedure
Status: in_force

Whenever the loss or destruction of any record or any part thereof, of any circuit or magistrate court, or of any record in the office of the register of deeds of an instrument affecting the title to real property in this state shall have happened, or shall hereafter happen, and the original instrument from which said record was made, or a duly certified copy thereof cannot be produced, the record of such instrument may be established and restored as provided in this chapter.

Source: SL 1893, ch 142, § 1; RCCivP 1903, § 879; SL 1903, ch 193; RC 1919, §§ 3047, 3048; SDC 1939 & Supp 1960, § 37.1101.
S.D. Codified Laws § 21-3B-11 — SD Code / Title 21 / Chapter 3B / Section 21-3B-11
Transferee solely responsible for certain requirements
Status: in_force

Compliance with the requirements set forth in § 21-3B-2 and fulfillment of the conditions set forth in § 21-3B-3 shall be solely the responsibility of the transferee in any transfer of structured settlement payment rights, and neither the structured settlement obligor nor the annuity issuer bears any responsibility for, or any liability arising from, noncompliance with such requirements or failure to fulfill such conditions.

Source: SL 2001, ch 106, § 11.
S.D. Codified Laws § 21-34-9 — SD Code / Title 21 / Chapter 34 / Section 21-34-9
Costs awarded
Status: in_force

Costs including attorneys fees may be ordered in the discretion of the court for or against any party involved and paid as other expenses of the proceeding.

Source: SDC 1939, § 65.0107; SL 1985, ch 171, § 4.
S.D. Codified Laws § 21-8-6 — SD Code / Title 21 / Chapter 8 / Section 21-8-6
Restraining order or preliminary injunction to prevent disposal of property during pendency of action
Status: in_force

When, during the pendency of an action, it appears by affidavit that a party to the action threatens, or is about to remove or dispose of his property, with intent to defraud his creditors, a temporary restraining order or preliminary injunction may be granted to restrain such removal or disposition.

Source: CCivP 1877, § 189, subdiv 3; CL 1887, § 4985, subdiv 3; RCCivP 1903, § 197, subdiv 3; RC 1919, § 2424 (3); SDC 1939 & Supp 1960, § 37.4304 (3); SL 1978, ch 155, § 10.
S.D. Codified Laws § 21-5-7 — SD Code / Title 21 / Chapter 5 / Section 21-5-7
Damages proportionate to pecuniary injury to beneficiaries
Status: in_force

In every action for wrongful death the jury may give such damages as they may think proportionate to the pecuniary injury resulting from such death to the persons respectively for whose benefit such action shall be brought.

Source: SL 1909, ch 301, § 3; RC 1919, § 2931; SDC 1939, § 37.2203; SL 1947, ch 173; SL 1951, ch 193; SL 1957, ch 194; SL 1963, ch 235; SL 1967, ch 149.
S.D. Codified Laws § 21-10-8 — SD Code / Title 21 / Chapter 10 / Section 21-10-8
Liability of successive owners for continuing nuisance
Status: in_force

Every successive owner of property who neglects to abate a continuing nuisance upon, or in the use of, such property, created by a former owner, is liable therefor in the same manner as the one who first created it.

Source: CivC 1877, § 2051; CL 1887, § 4685; RCivC 1903, § 2397; RC 1919, § 2070; SDC 1939 & Supp 1960, § 37.4705.
S.D. Codified Laws § 21-35-19 — SD Code / Title 21 / Chapter 35 / Section 21-35-19
Recording of verdict--Judgment on verdict
Status: in_force

Upon the return of the verdict the court shall order the same to be recorded, and shall enter such judgment thereon as the nature of the case may require, and that the plaintiff pay to the persons entitled thereto the amount of compensation ascertained by the verdict or deposit the same as the court may direct.

Source: SL 1891, ch 94, § 13; RCCivP 1903, § 875; RC 1919, § 2950; SDC 1939 & Supp 1960, § 37.4011.
S.D. Codified Laws § 21-54-2 — SD Code / Title 21 / Chapter 54 / Section 21-54-2
Pledges foreclosed in manner prescribed by contract--Chapter applicable if procedure not prescribed
Status: in_force

Pledges may be foreclosed in the manner prescribed in the contract of pledge; or if no manner is prescribed, or the manner prescribed is insufficient, the provisions of this chapter shall apply so far as consistent with the contract of pledge and the law of this state.

Source: SDC 1939 & Supp 1960, § 37.3409.
S.D. Codified Laws § 21-48-11 — SD Code / Title 21 / Chapter 48 / Section 21-48-11
Postponement of sale--Notice
Status: in_force

Such sale may be postponed, from time to time, by inserting a notice of such postponement, as soon as practicable, in the newspaper in which the original advertisement was published, and continuing such publication until the time to which such sale shall be postponed, at the expense of the party requesting such postponement.

Source: CCivP 1877, § 603; CL 1887, § 5417; RCCivP 1903, § 642; RC 1919, § 2882; SDC 1939 & Supp 1960, § 37.3005.
S.D. Codified Laws § 21-19-30 — SD Code / Title 21 / Chapter 19 / Section 21-19-30
Stay of proceedings on appeal from order--Security required
Status: in_force

In the event of an appeal from any order in a proceeding for setting aside of exemptions the order shall be stayed only upon the court or the appellate court being satisfied that there is a substantial doubt as to the result of such appeal and upon the appellant furnishing adequate security to be approved by the court granting the stay that the order appealed from will be fully complied with in the event it is affirmed and fully protecting the respondent as to all damages of any nature whatsoever resulting from the delay. Such security may be furnished in the same undertaking as the cost bond upon appeal.

Source: CL 1887, § 5135; SL 1893, ch 19; RCCivP 1903, § 360; SL 1913, ch 228; RC 1919, § 2467; SDC 1939 & Supp 1960, § 37.4912.
S.D. Codified Laws § 21-40-7 — SD Code / Title 21 / Chapter 40 / Section 21-40-7
Filing and recording of report on survey and landmarks--Incorporation of report in judgment
Status: in_force

The surveyor shall make a full and complete report of his action to the court and therein accurately describe the landmarks so placed and define their location as nearly as practicable. Such report shall be filed with the clerk as one of the records of the action and a certified copy of the same may be filed in the office of the register of deeds of any county in which any of the land affected is located and thereafter shall be constructive notice of its contents. The judgment shall contain a recital approving such report in whole or in part and may adopt said report as a part of the judgment by incorporating it therein or attaching it as an exhibit thereto.

Source: SL 1923, ch 140, § 3; SDC 1939 & Supp 1960, § 37.1303.
S.D. Codified Laws § 21-47-16 — SD Code / Title 21 / Chapter 47 / Section 21-47-16
Proof required of mortgagee bidding less than amount of debt--Court decree permitting bid--Execution for deficiency
Status: in_force

If the holder of such mortgage is not willing at such sale to bid the full amount of the judgment debt, such mortgage holder shall establish at the time of the trial by competent proof to the satisfaction of the court, the fair and reasonable value of the mortgaged premises, and the court shall determine the same in its decree. If the court shall find such fair and reasonable value, less the sum of the balances due as of the date of judgment on any prior liens or encumbrances upon the mortgaged premises, including liens or charges for real property taxes and special assessments, to be less than the sum due on said mortgage, with costs and disbursements, and costs and expenses of sale, it may by such decree authorize such mortgage holder to bid not less than the fair and reasonable value as thus determined, less the sum of the balances due, as of the date of sale, on any prior liens and encumbrances upon the mortgaged premises, including liens or charges for real property taxes and special assessments; and if a deficiency remains after the foreclosure sale, such mortgage holder shall be entitled to a general execution for such deficiency only upon application to the court in which the judgment was rendered.

Source: SL 1939, ch 146, § 2; SDC Supp 1960, § 37.29 11-1 ; SL 1989, ch 191, § 2.
S.D. Codified Laws § 21-23-15 — SD Code / Title 21 / Chapter 23 / Section 21-23-15
Consideration of new offers on hearing to confirm sale--Confirmation and conveyance of property
Status: in_force

On the hearing to confirm sale the court shall consider any new offers which exceed the offer set forth in the report of sale by at least five percent, and shall likewise consider any other offers made at the time of the hearing, and shall confirm the sale and direct the transfer of title, or conveyance of property, to the person submitting the best offer.

Source: Supreme Court Order No. 2 (10) adopted October 12, 1944; SDC Supp 1960, § 33.26A10.
S.D. Codified Laws § 21-37-7 — SD Code / Title 21 / Chapter 37 / Section 21-37-7
Petition for change of name of municipality or platted portion
Status: in_force

A petition for change of name under § 21-37-6 shall be filed in the office of the clerk of the circuit court for the county in which the municipality is situated setting forth the cause why such change of name is desirable, and the name asked to be substituted.

Source: CCivP 1877, § 736; CL 1887, § 5558; RCCivP 1903, § 805; RC 1919, § 3044; Supreme Court Rule 569, 1939; SDC 1939 & Supp 1960, § 37.1003 (1).
S.D. Codified Laws § 21-25A-8 — SD Code / Title 21 / Chapter 25A / Section 21-25A-8
Application to stay arbitration--Order to arbitrate or staying arbitration--Venue of application
Status: in_force

On application, the court may stay an arbitration proceeding commenced or threatened on a showing that there is no agreement to arbitrate. Such an issue, when in substantial and bona fide dispute, shall be forthwith and summarily tried and the stay ordered if found for the moving party. If found for the opposing party, the court shall order the parties to proceed to arbitration.

If an issue referable to arbitration under the alleged agreement is involved in an action or proceeding pending in a court having jurisdiction to hear applications under § 21-25A-5 , the application shall be made therein. Otherwise and subject to § 21-25A-34 , the application may be made in any court of competent jurisdiction.

Source: SL 1971, ch 157, § 2; SL 1976, ch 155, § 3.
S.D. Codified Laws § 21-24-11 — SD Code / Title 21 / Chapter 24 / Section 21-24-11
Award of costs
Status: in_force

In any proceeding under this chapter the court may make such award of costs as may seem equitable and just.

Source: SL 1925, ch 214, § 10; SDC 1939 & Supp 1960, § 37.0110.
S.D. Codified Laws § 21-18-52 — SD Code / Title 21 / Chapter 18 / Section 21-18-52
Maximum garnishment allowed for support of any person
Status: in_force

The maximum part of the aggregate disposable earnings of an individual for any work week which is subject to garnishment to enforce any order for the support of any person may not exceed:

(1) If the individual is supporting a spouse or dependent child other than a spouse or child with respect to whose support the order is used, fifty percent of the individual's disposable earnings for that week; and

(2) If the individual is not supporting a spouse or dependent child other than a spouse or child with respect to whose support the order is used, sixty percent of the individual's disposable earnings for that week;

No court of this state may make, execute, or enforce any order or process in violation of this section.

Source: SL 1989, ch 189, § 2.
S.D. Codified Laws § 21-1-7 — SD Code / Title 21 / Chapter 1 / Section 21-1-7
Market value considered in estimating damages for deprivation of possession of property
Status: in_force

In estimating damages except as provided by §§ 21-1-8 and 21-1-9 the value of property to an owner thereof deprived of its possession is deemed to be the price at which he might have bought an equivalent thing, in the market nearest to the place where the property ought to have been put into his possession and at such time after the breach of duty upon which his right to damages is founded as would suffice, with reasonable diligence, for him to make such a purchase.

Source: CivC 1877, § 1980; CL 1887, § 4613; RCivC 1903, § 2325; RC 1919, § 1997; SDC 1939 & Supp 1960, § 37.1708.
S.D. Codified Laws § 21-25A-22 — SD Code / Title 21 / Chapter 25A / Section 21-25A-22
Payment of expenses of proceedings
Status: in_force

Except as provided in §§ 21-25B-22 and 21-25B-25 , unless otherwise provided in the agreement to arbitrate, the arbitrators' expenses and fees, together with other expenses, not including counsel fees, incurred in the conduct of arbitration, shall be paid as provided in the award.

Source: SL 1971, ch 157, § 10; SL 1976, ch 155, § 5.
S.D. Codified Laws § 21-48-7 — SD Code / Title 21 / Chapter 48 / Section 21-48-7
Validation of prior foreclosures by receivers and personal representatives--Rights barred by no action
Status: in_force

All mortgage foreclosure sales of real property by advertisement, under power of sale contained in such mortgages, made before January 1, 1992, by any receiver or personal representative, appointed by a court of competent jurisdiction, acting for and on behalf of the trust or estate for which such receiver or personal representative was appointed, or any like foreclosure made by the assignee of any such receiver or personal representative, and where such receiver or personal representative acquired title to such mortgage or mortgages by virtue of such appointment, and not by assignment, are hereby legalized, cured, and validated as fully as if such mortgage or mortgages had been assigned by the owner thereof to such receiver or personal representative, and such assignment duly acknowledged and recorded, as required by § 43-11-29 , relating to power of sale in mortgages, in whom such power vests by assignment and record thereof.

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

Source: SL 1939, ch 147; SDC Supp 1960, § 65.0304-2; SL 1992, ch 307, § 11.
S.D. Codified Laws § 21-32-1 — SD Code / Title 21 / Chapter 32 / Section 21-32-1
Office of Commissioner of Claims created--Appointment of circuit judge to act
Status: in_force

There is hereby created the Office of Commissioner of Claims. The presiding circuit judge for the county in this state in which an alleged claim on contract or tort against the state has arisen shall appoint a circuit judge from the circuit for the county in which the action arose lies to act ex officio as the commissioner.

Source: SL 1947, ch 156, § 1; SDC Supp 1960, § 33.4301; SL 1978, ch 157, § 1.
S.D. Codified Laws § 21-25B-11 — SD Code / Title 21 / Chapter 25B / Section 21-25B-11
Duties of arbitration officer
Status: in_force

The duties of the arbitration officer are:

(1) To act as liaison between the health care services arbitration panel and the presiding judge of the circuit court;

(2) To advise the health care services arbitration panel on questions of law and procedure and rule on admissibility of evidence as provided in § 21-25B-23 ;

(3) To arrange for court reporters, hearing rooms, and the other logistical needs of the health care services arbitration panel;

(4) To prepare and serve notices for the panel;

(5) To oversee the selection of the members of the panel;

(6) To reduce the decision of the panel on liability and damages to writing and to serve it upon the parties to the controversy;

(7) To assist members of the panel in submitting their claims for compensation from the health care services arbitration account;

(8) At the request of a party or a member of the panel, to issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence; and

(9) To perform any other assignments which are consistent with the intent of this chapter made by either the presiding judge of the circuit court or the health care services arbitration panel.

Source: SL 1976, ch 155, § 20.
S.D. Codified Laws § 21-24-5 — SD Code / Title 21 / Chapter 24 / Section 21-24-5
Determination of rights under trust or decedent's estate
Status: in_force

Any person interested as or through a personal representative, trustee, conservator, or other fiduciary, creditor, devisee, legatee, heir, next of kin, or cestui que trust in the administration of a trust, or of the estate of a decedent, minor, protected person, or insolvent, may have a declaration of rights or legal relations in respect thereto:

(1) To ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others;

(2) To direct the personal representatives or trustees to do or abstain from doing any particular act in their fiduciary capacity;

(3) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.

Source: SDC 1939 & Supp 1960, § 37.0104; SL 1993, ch 213, § 100.
S.D. Codified Laws § 21-25A-37 — SD Code / Title 21 / Chapter 25A / Section 21-25A-37
Severability of provisions
Status: in_force

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

Source: SL 1971, ch 157, § 23.
S.D. Codified Laws § 21-15-2 — SD Code / Title 21 / Chapter 15 / Section 21-15-2
Contents of plaintiff's affidavit
Status: in_force

When an immediate delivery is claimed, an affidavit must be made by the plaintiff or by someone on his behalf, stating:

(1) That the plaintiff is the owner of the property claimed, particularly describing it, or is lawfully entitled to the possession thereof, by virtue of a special property therein, the facts in respect to which shall be set forth;

(2) That the property is wrongfully detained by the defendant;

(3) The alleged cause of the detention thereof, according to his best knowledge, information, and belief;

(4) That the same has not been taken for a tax, assessment, or fine, pursuant to a statute, or seized under an execution or attachment against the property of the plaintiff, or, if so seized, that it is, by statute, exempt from such seizure;

(5) The actual value of the property.

Source: CCivP 1877, § 177; CL 1887, § 4973; RCCivP 1903, § 185; RC 1919, § 2412; Supreme Court Rule 594, 1939; SDC 1939 & Supp 1960, § 37.3802.
S.D. Codified Laws § 21-17A-31 — SD Code / Title 21 / Chapter 17A / Section 21-17A-31
Third party's property--Application for release
Status: in_force

Any person not a party to the action, whose property is attached, may, at any time, either before or after judgment, be made a party on his application for the purpose of removing or discharging the attachment. The court may grant such summary relief as shall be just, and may in proper cases try appropriate issues by jury.

Source: SL 1983, ch 168, § 31.
S.D. Codified Laws § 21-10-7 — SD Code / Title 21 / Chapter 10 / Section 21-10-7
Damages for past injury recoverable after abatement
Status: in_force

The abatement of a nuisance does not prejudice the right of any person to recover damages for its past existence.

Source: CivC 1877, § 2052; CL 1887, § 4686; RCivC 1903, § 2398; RC 1919, § 2071; SDC 1939 & Supp 1960, § 37.4706.
S.D. Codified Laws § 21-28-6 — SD Code / Title 21 / Chapter 28 / Section 21-28-6
Name of person entitled to office set forth in complaint
Status: in_force

Whenever such action shall be brought against a person for usurping an office, the state's attorney or person having a special interest in the action, in addition to the statement of the cause of action, may also set forth in the complaint, the name of the person rightfully entitled to the office, with a statement of his right thereto.

Source: CCivP 1877, § 536; CL 1887, § 5350; RCCivP 1903, § 575; RC 1919, § 2786; SL 1919, ch 289, § 5; SDC 1939 & Supp 1960, § 37.0510.
S.D. Codified Laws § 21-67-8 — SD Code / Title 21 / Chapter 67 / Section 21-67-8
Construction
Status: in_force

This chapter shall be construed to be consistent with the Communications Decency Act of 1996, 47 U.S.C. Section 230.

Source: SL 2020, ch 77, § 8.
S.D. Codified Laws § 21-52-24 — SD Code / Title 21 / Chapter 52 / Section 21-52-24
Effect of sale terminated on final redemption by owner
Status: in_force

Where there has been full and final redemption by the owner, effect of the sale is terminated, except in case of redemption by cotenants.

Source: SL 1949, ch 142, § 7; SDC Supp 1960, § 37.5607 (2).
S.D. Codified Laws § 21-18-10 — SD Code / Title 21 / Chapter 18 / Section 21-18-10
Service of garnishee summons and affidavit on defendant
Status: in_force

The garnishee summons and affidavit shall also be served on the defendant to the action, either before or within thirty days after service on a garnishee, unless service of the summons in the action is made without the state or by publication, or by registered mail pursuant to § 21-18-11 . If the defendant appears in the action by attorney, service may be made upon the attorney or upon the defendant.

Source: SL 1909, ch 156, § 5; RC 1919, § 2457; SL 1925, ch 182, § 2; SDC 1939 & Supp 1960, § 37.2805; SL 1966, ch 123; SL 1967, ch 150; SL 2001, ch 108, § 1; SL 2009, ch 109, § 2; SL 2016, ch 116, § 6.
S.D. Codified Laws § 21-25B-21 — SD Code / Title 21 / Chapter 25B / Section 21-25B-21
Two-stage hearings--Waiting period between stages
Status: in_force

Hearings before the health care services arbitration panel shall be in two stages. The first stage shall be a hearing to determine whether or not there is any liability on behalf of the defendant or defendants. If the panel does find liability, there shall be a thirty - day waiting period during which the parties may agree as to damages. At the end of thirty days, if the damage question has not been settled, the panel shall reconvene to determine the amount of damages, if any, the claimant shall be awarded.

Source: SL 1976, ch 155, § 22.
S.D. Codified Laws § 21-49-20 — SD Code / Title 21 / Chapter 49 / Section 21-49-20
Recovery proceedings not allowed pending foreclosure action
Status: in_force

After action for foreclosure shall be commenced, and while it is pending, no proceedings at law shall be had for the recovery of the debt secured by the mortgage.

Source: SL 1977, ch 187, § 10.
S.D. Codified Laws § 21-20-3 — SD Code / Title 21 / Chapter 20 / Section 21-20-3
One penalty for one levy
Status: in_force

Under the provisions of this chapter only one penalty can be recovered for any one garnishment or levy.

Source: SDC 1939 & Supp 1960, § 37.5003.
S.D. Codified Laws § 21-19-11 — SD Code / Title 21 / Chapter 19 / Section 21-19-11
Verification of claim required
Status: in_force

The claim of exemptions under § 21-19-9 must be verified by the claimant, if available, and if not, by the agent or attorney for the claimant with statement of the reasons why the verification was not made by the claimant.

Source: CCivP 1877, § 326; SL 1885, ch 55, § 1; CL 1887, § 5130; RCCivP 1903, § 355; RC 1919, § 2662; SDC 1939 & Supp 1960, § 37.4903.
S.D. Codified Laws § 21-36-20 — SD Code / Title 21 / Chapter 36 / Section 21-36-20
Hearing and judgment--Costs
Status: in_force

Upon the trial of the action, after issue joined, or upon the hearing of proofs on the part of the state in cases of default, the court shall make its findings and render judgment in accordance with the facts and the law of the case, which judgment shall be final and conclusive as to the title of the property of the estate, real or personal, subject only to the right of appeal as provided in § 21-36-28 . The cost of suit shall be taxed as other actions in the circuit court.

Source: SL 1909, ch 104, §§ 7, 9; RC 1919, §§ 3055, 3057; SDC 1939 & Supp 1960, § 37.4205.
S.D. Codified Laws § 21-10-1 — SD Code / Title 21 / Chapter 10 / Section 21-10-1
Acts and omissions constituting nuisances
Status: in_force

A nuisance consists in unlawfully doing an act, or omitting to perform a duty, which act or omission either:

(1) Annoys, injures, or endangers the comfort, repose, health, or safety of others;

(2) Offends decency;

(3) Unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, any lake or navigable river, bay, stream, canal, or basin, or any public park, square, sidewalk, street, or highway;

(4) In any way renders other persons insecure in life, or in the use of property.

Source: CivC 1877, § 2047; CL 1887, § 4681; RCivC 1903, § 2393; RC 1919, § 2066; SDC 1939 & Supp 1960, § 37.4701; SL 2020, ch 30, § 14.
S.D. Codified Laws § 21-3A-7 — SD Code / Title 21 / Chapter 3A / Section 21-3A-7
Security authorized for payment of judgment for periodic installments
Status: in_force

Security authorized or required for payment of a judgment for periodic installments entered in accordance with this chapter shall be in one or more of the following forms and approved by the court:

(1) Bond executed by a qualified insurer;

(2) Annuity contract executed by a qualified insurer;

(3) Evidence of applicable and collectible liability insurance with one or more qualified insurers;

(4) An agreement by one or more qualified insurers to guarantee payment of the judgment; or

(5) Any other satisfactory form of security.

Security complying with this section serves also as a required supersedeas bond.

Source: SL 1986, ch 163, § 7.
S.D. Codified Laws § 21-44-19 — SD Code / Title 21 / Chapter 44 / Section 21-44-19
Judgment finding life tenant deceased and terminating life estate--Effect of judgment
Status: in_force

Upon the completion of the hearing and compliance with the procedure and proof required by this chapter, the court may make an order or judgment, finding as a fact upon the question of the death of the life tenant and adjudicating upon the termination of the life tenant's right, title, interest, lien, or claim upon the property involved. The order or judgment of the court shall be of the same force and effect and finality of other judgments of the circuit court. If the court shall find or adjudge as a fact that the life tenant is deceased, such adjudication terminates all right, title, interest, lien, or claim of such life tenant and those claiming under him adversely to the remainderman or his successor in interest, unless the same is asserted as provided in § 21-44-24 .

Source: SDC 1939 & Supp 1960, § 37.1207.
S.D. Codified Laws § 21-19-18 — SD Code / Title 21 / Chapter 19 / Section 21-19-18
Release of exempt property on failure of creditor to answer
Status: in_force

Unless the creditor within three days of service on him of a claim under §§ 21-19-9 to 21-19-13 , inclusive, files and serves on the claimant an answer to such claim, the court shall forthwith and ex parte make an order allowing the exemptions as claimed and directing the release of such exempt property from the levy.

Source: SDC 1939 & Supp 1960, § 37.4905.
S.D. Codified Laws § 21-41-17 — SD Code / Title 21 / Chapter 41 / Section 21-41-17
Enforcement against property of claim against deceased defendant
Status: in_force

Any creditor of any deceased person, made a party defendant to an action brought pursuant to § 21-41-1 , may set forth in his answer, his claim against such decedent, and if the amount and validity of such claim be established upon the trial and it be also established that the estate of said decedent has never been administered and that the premises involved in the action are subject to the payment of such claim, such claimant may have judgment in the action for the amount of his claim and taxable costs against the premises involved in the action, and unless the same shall be paid by the plaintiff or some other party to the action having the right to pay the same within such time as shall be prescribed by the judgment of the court, said premises may be sold to pay the same, upon the notice and in the manner provided by law for sales of real property on execution.

Source: SL 1903, ch 194, § 8; SL 1905, ch 81; RC 1919, § 2854; SDC 1939 & Supp 1960, § 37.1506.
S.D. Codified Laws § 21-49-31 — SD Code / Title 21 / Chapter 49 / Section 21-49-31
Redemption defined
Status: in_force

Redemption as provided in this chapter is the right to repay the total amount of the judgment, and any deficiency as determined by the court, together with such additional sums as prescribed by § 21-49-34 .

Source: SL 1977, ch 187, § 20.
S.D. Codified Laws § 21-17A-4 — SD Code / Title 21 / Chapter 17A / Section 21-17A-4
Affidavit required for execution in tort action--Contents
Status: in_force

Before a writ of attachment may be executed in a tort action, the plaintiff or someone on his behalf shall make and attach thereto an affidavit, stating that a cause of action in tort exists in favor of the plaintiff and against the defendant, that the damages sustained exceed fifty dollars specifying the amount claimed and either:

(1) The defendant is not a resident of this state; or that his residence is unknown and cannot with due diligence be ascertained; or

(2) The defendant is a foreign corporation.

Source: SL 1983, ch 168, § 4.
S.D. Codified Laws § 21-65-19 — SD Code / Title 21 / Chapter 65 / Section 21-65-19
Protection order--Violation--Penalty
Status: in_force

If a temporary protection order or a protection order is granted pursuant to this chapter and the respondent or person restrained knows of the order, a violation of the order is a Class 1 misdemeanor.

If the acts constituting a violation of this section also constitute an assault, as defined in § 22-18-1 , the violation of this section is a Class 6 felony.

If a respondent or person restrained has been convicted of, or entered a plea of guilty to, two or more prior violations of this section, § 22-19A-16 , or § 25-10-13 , or the comparable laws of any other state, within ten years of committing the current offense, and the factual basis for the current offense occurred after the date of the second conviction or guilty plea, the respondent or person restrained is guilty of a Class 6 felony for a third offense, a Class 5 felony for a fourth offense, and a Class 4 felony for a fifth or subsequent offense.

Any proceeding under this chapter is in addition to other civil or criminal remedies.

Source: SL 2020, ch 76, § 1; SL 2021, ch 90, § 1.
S.D. Codified Laws § 21-27-9.2 — SD Code / Title 21 / Chapter 27 / Section 21-27-9.2
Production of applicant--Payment of expenses--Applicant in state hospital or correctional facility
Status: in_force

The officer or person upon whom the writ of habeas corpus is served shall produce the body of the applicant before the court at the hearing of the cause of imprisonment or detainer. If the applicant is in the custody of a civil officer, the court or judge who granted the writ shall determine the expense of bringing the applicant to court, which shall be paid prior to the hearing. If remanded, security must be given to pay the charges for carrying the applicant back. If the applicant is confined in a state correctional facility or state hospital, the court shall issue an order commanding the sheriff of the county in which the application is made to take custody of the applicant during the pendency of any proceedings before the court and to transport the applicant from and return the applicant to a state correctional facility or state hospital if the applicant is not released.

Source: SL 1983, ch 169, § 9; SL 1984, ch 161, § 2; SL 2023, ch 82, § 8.
S.D. Codified Laws § 21-18-12 — SD Code / Title 21 / Chapter 18 / Section 21-18-12
Liability of garnishee to plaintiff after service of summons
Status: in_force

From the time of the service of the summons upon the garnishee, the garnishee is liable to the plaintiff to the amount of the property, money, credits, and effects in the garnishee's possession or under the garnishee's control belonging to the defendant, or in which the garnishee is interested, to the extent of the garnishee's right or interest therein, and of all debts due to the defendant, except such as may be by law exempt from execution.

Source: SL 1909, ch 156, § 17; RC 1919, § 2470; SDC 1939 & Supp 1960, § 37.2807; SL 2016, ch 116, § 8.
S.D. Codified Laws § 21-22-11 — SD Code / Title 21 / Chapter 22 / Section 21-22-11
Bond required despite terms of trust instrument
Status: in_force

When the instrument creating the trust exempts the trustee from furnishing a bond or limits the amount thereof, or the court shall determine that the bond ordered to be filed is insufficient, the court may if it concludes that a bond be necessary or that a bond of a larger amount is necessary, require the furnishing of such bond.

Source: Supreme Court Rule, Part 3, Rule 9, September, 1923; Supreme Court Rule 248, 1939; SDC 1939, § 33.2612; Supreme Court Rule adopted February 11, 1952.
S.D. Codified Laws § 21-25B-14 — SD Code / Title 21 / Chapter 25B / Section 21-25B-14
Five-member panel for large claims--Selection process
Status: in_force

If the damages claimed exceed ten thousand dollars, the panel shall consist of five members. In that event, each party may select two members from the panel and the same selection process that is set forth regarding the three - member panel shall be followed.

Source: SL 1976, ch 155, § 12; SL 1984, ch 160, § 3.
S.D. Codified Laws § 21-45-38 — SD Code / Title 21 / Chapter 45 / Section 21-45-38
Separate securities taken in names of parties by referees
Status: in_force

The referees may take separate mortgages and other securities for the whole or convenient portions of the purchase money, or such parts of the property as are directed by the court to be sold on credit, for the shares of any known owner of full age, in the name of such owner; and for the shares of a minor, in the name of the conservator of such minor; and for other shares in the name of the clerk of courts, and his successors in office.

Source: SDC 1939 & Supp 1960, § 37.1431; SL 1993, ch 213, § 106.
S.D. Codified Laws § 21-9-5 — SD Code / Title 21 / Chapter 9 / Section 21-9-5
Performance of conditions precedent required for specific performance--Compensation for plaintiff's defaults
Status: in_force

Specific performance cannot be enforced in favor of a party who has not fully and fairly performed all the conditions precedent on his part to the obligation of the other party, except when his failure to perform is only partial, and either entirely immaterial or capable of being fully compensated; in which case specific performance may be compelled, upon full compensation being made for the default.

Source: CivC 1877, § 2001; CL 1887, § 4634; RCivC 1903, § 2346; RC 1919, § 2017; SDC 1939 & Supp 1960, § 37.4605.
S.D. Codified Laws § 21-14-4 — SD Code / Title 21 / Chapter 14 / Section 21-14-4
Plaintiff's right to recover real property terminated while action pending--Damages for withholding
Status: in_force

In an action for the recovery of real property, where the plaintiff shows a right to recovery at the time the action was commenced, but it appears that his right has terminated during the pendency of the action, the verdict and judgment must be according to the fact, and the plaintiff may recover damages for withholding the property.

Source: CCivP 1877, § 640; CL 1887, § 5454; RCCivP 1903, § 680; RC 1919, § 2856; SDC 1939 & Supp 1960, § 37.1515.
S.D. Codified Laws § 21-31-4 — SD Code / Title 21 / Chapter 31 / Section 21-31-4
Direction to certify record--Stay of proceedings
Status: in_force

The writ of certiorari shall command the party to whom it is directed to certify fully to the court issuing the writ, at a specified time and place, and annex to the writ a transcript of the record and proceedings, describing or referring to them, with convenient certainty, that the same may be reviewed by the court, and requiring the party in the meantime, to desist from further proceedings in the matter to be reviewed.

Source: CCivP 1877, § 688; CL 1887, § 5510; RCCivP 1903, § 757; RC 1919, § 2999; Supreme Court Rule 588, 1939; SDC 1939 & Supp 1960, § 37.0404.
S.D. Codified Laws § 21-10-20 — SD Code / Title 21 / Chapter 10 / Section 21-10-20
Punishment of violations of injunction--Arrest and trial--Penalty
Status: in_force

In case of the violation of any injunction granted under the provisions of §§ 21-10-10 to 21-10-19 , inclusive, the court, or in vacation a judge thereof, may summarily try and punish the offender. The proceedings shall be commenced by filing with the clerk of courts, an information under oath, setting out the alleged facts constituting such violation, upon which the court or judge shall cause a warrant to issue, under which the defendant shall be arrested. The trial may be had upon affidavits, or either party may demand the production and oral examination of the witnesses. A party found guilty of contempt under the provisions of this section shall be guilty of a Class 2 misdemeanor.

Source: SL 1913, ch 123, § 4; RC 1919, § 2081; SDC 1939 & Supp 1960, § 37.4804; revised pursuant to SL 1976, ch 158, § 43-6 .
S.D. Codified Laws § 21-48-21 — SD Code / Title 21 / Chapter 48 / Section 21-48-21
Deed given on expiration of time for redemption--Mortgagor entitled to harvest crops planted before issuance of deed
Status: in_force

If such mortgaged premises are not redeemed, the officer or his successor in office, or some other person appointed by the circuit court for that purpose, shall complete such sale, by executing a deed of the premises so sold to the original purchaser, his heirs, or assigns, or to any person who may have acquired the title and interest of such purchaser by redemption or otherwise. Whenever crops have been sown on the mortgaged premises, before the issuance of a sheriff's deed, the mortgagor shall be entitled to the crops grown thereon and the right to enter on the premises to harvest the crops after the issuance of the deed.

Source: CCivP 1877, § 609; CL 1887, § 5423; RCCivP 1903, § 648; SL 1909, ch 78; SL 1913, ch 269; RC 1919, § 2890; SDC 1939 & Supp 1960, § 37.3011; SL 1986, ch 177, § 1.
S.D. Codified Laws § 21-45-9 — SD Code / Title 21 / Chapter 45 / Section 21-45-9
Notice to lien holders to appear before referee--Service of notice--Report of referee
Status: in_force

The plaintiff must cause a notice to be served, a reasonable time previous to the day for appearance before the referee appointed on each person having outstanding liens of record, who is not a party to the action, to appear before the referee at a specified time and place, to make proof, by his own affidavit or otherwise, of the amount due or to become due contingently or absolutely thereon. In case such person be absent, or his residence be unknown, service may be made by publication or notice to his agent, under the direction of the court, in such manner as may be proper. The report of the referee thereon must be made to the court and must be confirmed, modified, or set aside and a new reference ordered, as the justice of the case may require.

Source: CCivP 1877, § 558; CL 1887, § 5372; RCCivP 1903, § 597; RC 1919, § 2808; SDC 1939 & Supp 1960, § 37.1411.
S.D. Codified Laws § 21-52-2 — SD Code / Title 21 / Chapter 52 / Section 21-52-2
Waste restrained during period of redemption--Uses of property not considered waste
Status: in_force

Until the expiration of the time for redemption, the court may restrain the commission of waste on the property, by order granted with or without notice, on the application of the purchaser or the judgment creditor.

It is not waste for the person in possession of the property at the time of the sale, or entitled to possession afterwards, during the period allowed for redemption, to continue to use it in the same manner in which it was previously used, or in the ordinary course of husbandry; or to use timber or other material on the property for the necessary repair of buildings or fences thereon or fuel for his family while he occupies the property.

Source: SL 1949, ch 142, § 16; SDC Supp 1960, § 37.5616.
S.D. Codified Laws § 21-48-22 — SD Code / Title 21 / Chapter 48 / Section 21-48-22
Validation of prior proceedings on which deed issued--Time allowed for protection of existing rights
Status: in_force

All proceedings of mortgage foreclosure sale of real property by advertisement, and completed by issuance of sheriff's deed prior to July 1, 1941, and which proceedings were irregular or defective, are hereby legalized, cured and validated as fully as if such foreclosure proceedings had been wholly regular and as by law provided.

The provisions of this section shall not apply to any action involving real property which was pending on July 1, 1951, or which was commenced prior to July 1, 1952, as to which a notice of the pendency of such action was recorded prior to July 1, 1952, as provided herein.

If any person has any vested right in any real property, or any part thereof, by reason of any mortgage foreclosure sale such as is referred to herein, if no action or proceeding to enforce such right was begun prior to July 1, 1952, such rights shall be forever barred; and no action or proceeding so brought shall be of any force or effect, or maintainable in any court of this state, unless, prior to July 1, 1952, there was recorded in the office of the register of deeds of the county in which the real estate affected is situated a notice of the pendency of such action, in accordance with the provisions of chapter 15-10 .

Source: SL 1951, ch 197; SDC Supp 1960, § 65.0304-1.
S.D. Codified Laws § 21-21-4 — SD Code / Title 21 / Chapter 21 / Section 21-21-4
Grounds for receivership after judgment
Status: in_force

A receiver may be appointed after judgment by the court in which the judgment was entered, or by the judge thereof:

(1) To carry the judgment into effect;

(2) To dispose of the property according to the judgment or to preserve it during the pendency of an appeal;

(3) In proceedings in aid of execution, when an execution has been returned unsatisfied; or

(4) When the judgment debtor refuses to apply his property in satisfaction of the judgment.

Source: CCivP 1877, § 219, subdiv 3, 4; CL 1887, § 5015, subdiv 3, 4; RCCivP 1903, § 227, subdiv 3, 4; RC 1919, § 2475 (3), (4); SDC 1939 & Supp 1960, § 37.2601 (3), (4).
S.D. Codified Laws § 21-42-4 — SD Code / Title 21 / Chapter 42 / Section 21-42-4
Commencement by summons and complaint--Party plaintiff--Known and unknown parties defendant
Status: in_force

The action shall be commenced by the filing of a summons and complaint as in other civil actions as required by the statutes of the State of South Dakota in which the party or parties so commencing the same shall be named as plaintiff, or plaintiffs, and all persons who have or claim to have, or who appear of record to have any interest or estate in, claim to, or lien or encumbrance upon the premises described in the summons and complaint, or any part thereof, or if dead, their heirs, devisees, legatees, personal representatives, or creditors, known or unknown, or any or either of them, and all persons unknown who may have or claim to have any estate or interest in or lien or encumbrance upon such real property or any part thereof, shall be named as defendants; if the county is the applicant, the action shall be brought in the name of the county.

Source: SL 1941, ch 161, § 2; SL 1943, ch 140; SDC Supp 1960, § 37.16A02; SL 1995, ch 167, § 188.
S.D. Codified Laws § 21-45-6 — SD Code / Title 21 / Chapter 45 / Section 21-45-6
Interests of parties set forth in complaint--Allegations as to unknown and contingent interests
Status: in_force

The interests of all persons in the property, whether such persons be known or unknown, must be set forth in the complaint specifically and particularly, as far as known to the plaintiff; and if one or more of the parties, or the share or quantity of interest of any of the parties, be unknown to the plaintiff or be uncertain or contingent, or the ownership of the inheritance depend upon an executory devise, or the remainder of a contingent remainder, so that such parties cannot be named, that fact must be set forth in the complaint.

Source: CCivP 1877, § 549; CL 1887, § 5363; RCCivP 1903, § 588; RC 1919, § 2799; Supreme Court Rule 578, 1939; SDC 1939 & Supp 1960, § 37.1403.
S.D. Codified Laws § 21-41-7 — SD Code / Title 21 / Chapter 41 / Section 21-41-7
Filing of complaint and summons--Form for summons
Status: in_force

The action shall be commenced by the filing of a complaint in the office of the clerk of courts of the county in which the real estate or some part thereof is situated, and the issuance of a summons, which, after the title of the action, shall be substantially in the following form: The State of South Dakota, to the Above Named Defendants:

You are hereby summoned and required to answer the complaint of the plaintiff, which was filed in the office of the clerk of this court, at ________ in ________ county, South Dakota, on the ________ day of ________, 20__, and which prays for a judgment quieting the title to and the determination of all adverse claims against the premises described in the complaint, (or which prays for a judgment determining all interests in and liens against the premises described in the complaint as the case may be), situate in said county, to wit: ________, and to serve a copy of your answer to said complaint on the undersigned at their office in ________, within thirty days after the completed service of this summons upon you, exclusive of the day of such service; and if you fail to answer said complaint within that time, the plaintiff will apply to the court for the relief demanded in the complaint.

Source: SL 1903, ch 194, § 5; SL 1905, ch 81; RC 1919, § 2850; Supreme Court Rule 582, 1939; SDC 1939 & Supp 1960, § 37.1511.
S.D. Codified Laws § 21-41-2 — SD Code / Title 21 / Chapter 41 / Section 21-41-2
Joinder of causes of action as to different tracts or parcels--Common interest required
Status: in_force

The plaintiff or plaintiffs may join in one cause of action as many tracts, parcels, or lots of real estate wherever situated within the state as they may elect, provided they all have a common interest in obtaining the relief demanded in all real estate included in the action and regardless of whether or not the interests of the defendants are common to all of such real estate.

Source: Supreme Court Rule 580, 1939; SDC 1939 & Supp 1960, § 37.1504.
S.D. Codified Laws § 21-63-8 — SD Code / Title 21 / Chapter 63 / Section 21-63-8
Product in compliance with mandatory government contract specification
Status: in_force

If the injury-causing aspect of the aviation product was, at the time of manufacture, in compliance with a mandatory government contract specification relating to design, this is an absolute defense and the aviation product is deemed not defective for that reason. If the specification related to warnings or instructions, the aviation product is deemed not defective for that reason.

Source: SL 2011, ch 113, § 8.
S.D. Codified Laws § 21-1-13.2 — SD Code / Title 21 / Chapter 1 / Section 21-1-13.2
Application of interest statutes
Status: in_force

The provisions of § 21-1-13.1 apply to any suit commenced on or after July 1, 1990. The provisions of §§ 21-1-11 and 21-1-13 apply to any suit commenced before July 1, 1990.

Source: SL 1990, ch 156, § 2.
S.D. Codified Laws § 21-32-16 — SD Code / Title 21 / Chapter 32 / Section 21-32-16
Waiver of immunity to extent of insurance coverage--Consent to suit
Status: in_force

To the extent such liability insurance is purchased pursuant to § 21-32-15 and to the extent coverage is afforded thereunder, the state shall be deemed to have waived the common law doctrine of sovereign immunity and consented to suit in the same manner that any other party may be sued.

Source: SL 1981, ch 169, § 2.
S.D. Codified Laws § 21-10-4 — SD Code / Title 21 / Chapter 10 / Section 21-10-4
Public nuisance not legalized by lapse of time
Status: in_force

No lapse of time can legalize a public nuisance, amounting to an actual obstruction of public right.

Source: CivC 1877, § 2053; CL 1887, § 4687; RCivC 1903, § 2399; RC 1919, § 2072; SDC 1939 & Supp 1960, § 37.4704.
S.D. Codified Laws § 21-25B-6 — SD Code / Title 21 / Chapter 25B / Section 21-25B-6
Institution of claim--Written statement and receipt--Contents of statement
Status: in_force

A claimant shall institute his claim by filing a written statement of his case with the presiding judge of the circuit court in which the controversy occurred along with a receipt showing that the one hundred dollars has been paid to the health care services arbitration account. These statements may be informal in nature but shall set forth the pertinent facts and claims upon which responsibility or lack of responsibility is alleged, and shall specify all injuries for which the defendant is alleged to be responsible. The statement shall also set forth the amount of damages claimed by the claimant, including loss of wages and payments for medical expenditures.

Source: SL 1976, ch 155, § 19.
S.D. Codified Laws § 21-48-19 — SD Code / Title 21 / Chapter 48 / Section 21-48-19
Certificate of sale given to purchaser--Contents--Execution and recording
Status: in_force

The officer making such real estate mortgage foreclosure sale shall give to the purchaser a certificate of sale, containing:

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

(2) A particular description of the real property sold;

(3) The price bid for each distinct lot or parcel;

(4) The whole price paid; which certificate must be executed and acknowledged and shall be recorded in the office of the register of deeds where the mortgage is recorded within ten days from the date of sale, and shall have the same validity and effect as a certificate of sale of real property under execution.

Source: CCivP 1877, § 606; CL 1887, § 5420; RCCivP 1903, § 645; SL 1907, ch 189; RC 1919, § 2886; SL 1925, ch 222; SDC 1939, § 37.3008; SL 1949, ch 141, § 1.
S.D. Codified Laws § 21-54-15 — SD Code / Title 21 / Chapter 54 / Section 21-54-15
Abandoned mobile or manufactured home--Sale or disposal by real property owner--Notice to home owner--Promulgation of rules
Status: in_force

If a mobile home or manufactured home as defined in chapter 32-7A has been abandoned and left on leased real property, the owner of real property may sell or dispose of the mobile home or manufactured home under the provisions of this chapter. A mobile home or manufactured home is considered abandoned if the owner of the home has not removed the home from the real property owner's land within thirty days of the court issuing a writ of possession as provided in chapter 21-16 . Upon issuance of the writ of possession by the court, the owner of real property shall send the owner of the mobile home or manufactured home and any lienholder with a lien properly noted pursuant to chapter 32-3 , written notice of intent to sell or dispose of the home pursuant to this chapter if the home is not removed from the real property owner's property within thirty days. The notice must be sent to the last known address of the owner of the mobile home or manufactured home. The Department of Revenue shall promulgate rules pursuant to chapter 1-26 to prescribe a form for the written notice. Any written notice shall be sent by certified mail. Any sale is subject to any taxes owed on the home and unpaid lot rent but such unpaid lot rent lien may not exceed two month's lot rent at the price previously agreed to by the owner of real property and owner of the mobile home or manufactured home.

Source: SL 2007, ch 140, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011; SL 2023, ch 66, § 1.
S.D. Codified Laws § 21-35-11 — SD Code / Title 21 / Chapter 35 / Section 21-35-11
Offer to deposit compensation with clerk--Evidence of offer not admissible--Costs avoided
Status: in_force

When the remedy is exercised under the provisions of this chapter, the plaintiff may at the time of service of the summons on any defendant serve upon him an offer in writing to the effect that the plaintiff will deposit with the clerk of the court in which the action is pending a sum of money specified, with costs, to be paid to defendant or other parties entitled thereto as compensation for all of the property taken or damaged. If the defendant fails to accept the offer by filing notice of acceptance with the clerk of the court within ten days after service of the offer upon him, it is deemed to be withdrawn, and cannot be given in evidence; and if the defendant fails to obtain a judgment for a greater sum of money than offered by the plaintiff, he cannot recover costs, and each party shall pay his own costs.

Source: SL 1937, ch 125; SDC 1939 & Supp 1960, § 37.4002.
S.D. Codified Laws § 21-48A-1 — SD Code / Title 21 / Chapter 48A / Section 21-48A-1
Voluntary foreclosure procedure--Notice
Status: in_force

Upon the mutual written agreement of the mortgagor and mortgagee, a real estate mortgage may be foreclosed pursuant to this chapter by doing all of the following:

(1) The mortgagor shall convey to the mortgagee, subject to acceptance, all interest in the real property subject to the mortgage;

(2) The mortgagee shall accept the mortgagor's conveyance and waive any rights to a deficiency against the mortgagor arising from the mortgage;

(3) The mortgagee shall have immediate possession of the real property;

(4) The mortgagor and mortgagee shall file a jointly executed document with the register of deeds stating that the mortgagor and mortgagee have elected to follow the alternative voluntary foreclosure procedures pursuant to this chapter;

(5) The mortgagee shall send by certified mail a notice of the election to all junior lienholders as of the date of the conveyance under subdivision (1) of this section, determined from the records of the applicable clerk of courts and register of deeds, stating that the junior lienholders have sixty days from the date of mailing to exercise any rights of redemption. Such notice shall also include the sum necessary to redeem the premises. Such sum may include the principal debt, interest thereon at the applicable rate, and all other payments made by the mortgagee and reasonably incurred to protect the first mortgagee's mortgage, and to preserve and protect the property, including reasonable attorney's fees;

(6) On the date of the written agreement provided in this section, the mortgagee shall furnish the mortgagor a completed form in duplicate, captioned "Disclosure and Notice of Cancellation". The form shall be attached to said written agreement, shall be in conspicuous type and shall be in the following general form:

South Dakota foreclosure law requires that you have the right to redeem your property from foreclosure. If you agree to this voluntary foreclosure you will be giving up your right to redeem your real estate.

Under foreclosure law, if your mortgage lender does not receive enough money to cover what you owe when the property is sold, you could be required to pay the deficiency. If your mortgage lender receives more money than you owe, the difference must be paid to you. If you agree to this voluntary foreclosure you will not have to pay any deficiency but you also will not be paid any excess, if any.

NOTE: There may be other advantages and disadvantages, including an effect on your income tax liability. If you have any question or doubts, you are encouraged to obtain competent advice.

You may cancel this transaction, without penalty or obligation, within five business days from the above date.

This transaction is entirely voluntary. You cannot be required to sign the attached foreclosure agreement.

This voluntary foreclosure agreement will become final unless you sign and deliver or mail this notice of cancellation to

Source: SL 1991, ch 185, § 1.
S.D. Codified Laws § 21-36-24 — SD Code / Title 21 / Chapter 36 / Section 21-36-24
Action by heirs to recover property escheated--Time for bringing action
Status: in_force

In all cases where property has or may be hereafter escheated to the State of South Dakota by proceedings had in any court of this state, any person or persons who may be legally entitled to the same or an heir or heirs of the deceased person whose property was escheated by such proceedings, who was not a party or privy to such proceedings and who had no notice or knowledge thereof, may bring an action against the State of South Dakota for the recovery of such property within ten years from the entry of the decree or the judgment of escheat.

Source: SL 1909, ch 104, § 10; RC 1919, § 3058; SL 1929, ch 119, § 2; SDC 1939 & Supp 1960, § 37.4207.
S.D. Codified Laws § 21-57-7 — SD Code / Title 21 / Chapter 57 / Section 21-57-7
Criminal prosecution not precluded
Status: in_force

Nothing in §§ 21-57-1 to 21-57-7 , inclusive, prevents the criminal prosecution of the person who makes, draws, or issues a dishonored check, draft, or order.

Source: SL 1999, ch 112, § 7.
S.D. Codified Laws § 21-52-9 — SD Code / Title 21 / Chapter 52 / Section 21-52-9
Redemptioner to redeem entire property
Status: in_force

No owner or lien holder shall have the right under § 21-52-8 to redeem less than the whole of the property owned by him or subject to his lien.

Source: SL 1949, ch 142, § 15; SDC Supp 1960, § 37.5615.
S.D. Codified Laws § 21-14-1 — SD Code / Title 21 / Chapter 14 / Section 21-14-1
Remedies available for recovery of property--Civil action to recover possession--Title and possessory actions combined
Status: in_force

A person entitled to specific real or personal property by reason of a perfected title or a claim of title which ought to be perfected, may recover the same by any of the remedies provided by law and if no specific remedy is applicable, by a civil action according to the facts, and in such cases the judgment may provide for delivery of the possession by specifically commanding the person so to do, or by execution directing the proper peace officer to deliver such possession. Title may be perfected and possession ordered in the same action.

Source: CivC 1877, §§ 1991 to 1993; CL 1887, §§ 4624 to 4626; RCivC 1903, §§ 2336 to 2338; RC 1919, §§ 2007 to 2009; SDC 1939 & Supp 1960, § 37.3701.
S.D. Codified Laws § 21-22-5 — SD Code / Title 21 / Chapter 22 / Section 21-22-5
County in which trustee's inventory and attached papers filed
Status: in_force

The papers provided in §§ 21-22-3 and 21-22-4 shall be filed in the office of the clerk of the circuit court of the county where the trust estate or some part thereof has its situs, or if none of the trust estate has its situs in this state, in a county where a beneficiary resides, and if no beneficiary resides in this state, then in the county where the trustee resides.

Source: Supreme Court Rule, Part 3, Rule 1, September, 1923; Supreme Court Rule 239, 1939; SDC 1939 & Supp 1960, § 33.2603.
S.D. Codified Laws § 21-64-10 — SD Code / Title 21 / Chapter 64 / Section 21-64-10
Registration prerequisite to recovery by successor in interest
Status: in_force

A successor in interest to the right of publicity of a deceased personality pursuant to this chapter or a licensee thereof may not recover damages or equitable relief for a use prohibited pursuant to this chapter that occurs before the successor in interest registers a claim of right of publicity pursuant to § 21-64-11 .

Source: SL 2015, ch 126, § 10.
S.D. Codified Laws § 21-3-8 — SD Code / Title 21 / Chapter 3 / Section 21-3-8
Double damages for holding over by tenant after expiration of term and notice to quit
Status: in_force

For willfully holding over real property, by a tenant after the end of his term, and after notice to quit has been duly given, and demand of possession made, the measure of damages is double the yearly value of the property, for the time of withholding, in addition to compensation for the detriment occasioned thereby.

Source: CivC 1877, § 1976; CL 1887, § 4609; RCivC 1903, § 2321; RC 1919, § 1993; SDC 1939 & Supp 1960, § 37.1906.
S.D. Codified Laws § 21-55-4 — SD Code / Title 21 / Chapter 55 / Section 21-55-4
Limited effect of chapter
Status: in_force

The provisions of this chapter do not prohibit a cause of action or the awarding of damages, except as specifically provided in this chapter, by or on behalf of any person based on the claim that a person is liable for injury caused by such person's willful acts or caused by such person's want of ordinary care or skill.

Source: SL 1981, ch 172, § 4.
S.D. Codified Laws § 21-34-4 — SD Code / Title 21 / Chapter 34 / Section 21-34-4
Presentation of certificate to judge--Service of process and copy of certificate on offender
Status: in_force

The original, and a copy of the certificate for each person against whom contempt process is sought, shall be filed in the office of the clerk of courts of the county in which jurisdiction is laid and shall be served, together with a summons, citation, or order to show cause or similar process requiring the person or persons to appear and answer or show cause at a time and place specified therein, as the court may decide in the same manner as a complaint in a civil proceeding.

Source: SDC 1939, § 65.0107; SL 1985, ch 171, § 3.
S.D. Codified Laws § 21-41-6 — SD Code / Title 21 / Chapter 41 / Section 21-41-6
Joinder of unknown claimants as defendants--Proof of want of knowledge
Status: in_force

If not known, the persons named in § 21-41-5 may be made defendants by designating them in the summons and complaint as, all persons unknown who have or claim to have any interest or estate in or lien or encumbrance upon the premises described in the complaint. In case unknown parties are so made defendants, the complaint shall state and the proof show that if there are any persons whomsoever who have any interest or estate in, claim to, or lien or encumbrance upon the premises other than the defendants named, they were unknown at the time of the commencement of the action.

Source: SL 1903, ch 194, § 2; SL 1905, ch 81; RC 1919, § 2847; SDC 1939 & Supp 1960, § 37.1505.
S.D. Codified Laws § 21-28-5 — SD Code / Title 21 / Chapter 28 / Section 21-28-5
Joinder of several claimants as defendants
Status: in_force

Where several persons claim to be entitled to the same office or franchise, one action may be brought against all such persons, in order to try their respective rights to such office or franchise.

Source: CCivP 1877, § 541; CL 1887, § 5355; RCCivP 1903, § 580; RC 1919, § 2791; Supreme Court Rule 561, 1939; SDC 1939 & Supp 1960, § 37.0512.
S.D. Codified Laws § 21-42-14 — SD Code / Title 21 / Chapter 42 / Section 21-42-14
Findings of fact and conclusions of law
Status: in_force

The court shall make findings of fact and conclusions of law and in its conclusions of law determine the fair and reasonable value of the land; that the land was subject to taxation and was duly and legally assessed; the year for which it was assessed; the amount of the assessment thereof; that said land was sold for delinquent taxes; that due notice of the sale of the land was given as provided by law; the date of the sale thereof; the person to whom sold; the amount for which it was sold; the fact of the assignment of the certificate of sale, if assigned; that the said land or any part thereof has not been redeemed from said sale, if such be the case; that the defendants named were proper parties to said action, and that if there are any persons other than those named who should have been named as defendants in said action, they were wholly unknown to the plaintiff at the time of the commencement of the action, and determine the amount of the bond as provided in § 21-42-15 to be given.

Source: SL 1941, ch 161, § 7; SL 1943, ch 140; SL 1945, ch 165, § 1; SDC Supp 1960, § 37.16A07.
S.D. Codified Laws § 21-41-19 — SD Code / Title 21 / Chapter 41 / Section 21-41-19
Jurisdiction of decedent's estate from time of publication of summons
Status: in_force

From the time of the publication of the summons, as directed in §§ 21-41-8 and 21-41-9 , the circuit court shall have jurisdiction of the estate of any deceased person described in § 21-41-18 , to make final settlement thereof, so far as may be necessary to a complete determination of the title to the premises involved, or of the interest or lien of any party or parties therein.

Source: SL 1903, ch 194, § 4; SL 1905, ch 81; RC 1919, § 2849; SDC 1939 & Supp 1960, § 37.1508.
S.D. Codified Laws § 21-5-5 — SD Code / Title 21 / Chapter 5 / Section 21-5-5
Relatives for whose benefit action brought--Personal representative to bring action
Status: in_force

Every action for wrongful death shall be for the exclusive benefit of the wife or husband and children, or if there be neither of them, then of the parents and next of kin of the person whose death shall be so caused; and it shall be brought in the name of the personal representative of the deceased person.

Source: SL 1909, ch 301, § 3; RC 1919, § 2931; SDC 1939, § 37.2203; SL 1947, ch 173; SL 1951, ch 193; SL 1957, ch 194; SL 1963, ch 235; SL 1967, ch 149; SL 1995, ch 167, § 188.
S.D. Codified Laws § 21-8-14 — SD Code / Title 21 / Chapter 8 / Section 21-8-14
Circumstances permitting grant of permanent injunction
Status: in_force

Except where otherwise provided by this chapter, a permanent injunction may be granted to prevent the breach of an obligation existing in favor of the applicant:

(1) Where pecuniary compensation would not afford adequate relief;

(2) Where it would be extremely difficult to ascertain the amount of compensation which would afford adequate relief;

(3) Where the restraint is necessary to prevent a multiplicity of judicial proceedings; or

(4) Where the obligation arises from a trust.

Source: CivC 1877, § 2016; CL 1887, § 4649; RCivC 1903, § 2361; RC 1919, § 2034; SDC 1939 & Supp 1960, § 37.4303; SL 1978, ch 155, § 18.
S.D. Codified Laws § 21-54-6 — SD Code / Title 21 / Chapter 54 / Section 21-54-6
Service of notice of sale--Mailing, publication and posting
Status: in_force

Notice of the sale shall be given by mailing copies of the same to the property owner and all other lien claimants at their addresses as shown by the notice of sale and by publishing such notice for at least one issue in a legal newspaper published in the county nearest the place of sale, or if no such newspaper is published in the county, by mailing and posting one copy of the notice on the bulletin board at the front door of the courthouse, or if there be no courthouse, at the place where circuit court was last held in the county, all to be done at least ten days before the date fixed for the sale.

Source: SL 1929, ch 174; SDC 1939 & Supp 1960, § 37.3406.
S.D. Codified Laws § 21-29-1 — SD Code / Title 21 / Chapter 29 / Section 21-29-1
Power to issue writ--Purposes for which used
Status: in_force

The writ of mandamus may be issued by the Supreme and circuit courts, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins as a duty resulting from an office, trust, or station; or to compel the admission of a party to the use and enjoyment of a right or office to which he is entitled, and from which he is unlawfully precluded by such inferior tribunal, corporation, board, or person.

Source: CCivP 1877, § 695; CL 1887, § 5517; RCCivP 1903, § 764; RC 1919, § 3006; SDC 1939 & Supp 1960, § 37.4501.
S.D. Codified Laws § 21-44-5 — SD Code / Title 21 / Chapter 44 / Section 21-44-5
Joinder of proceedings as to all property held by life tenant
Status: in_force

In any proceeding under the provisions of this chapter, or any other statute or rule of court pertaining to the termination of life estates as defined in § 21-44-1 , all property in which an interest was held by any life tenant may be included in one proceeding notwithstanding the fact that the remaindermen may be different, in whole or in part, as to any such property.

Source: Supreme Court Order No. 4, 1957; SDC Supp 1960, § 37.1213 (2).
S.D. Codified Laws § 21-49-34 — SD Code / Title 21 / Chapter 49 / Section 21-49-34
Payments by persons redeeming
Status: in_force

Such persons may redeem from the purchaser by paying the person making the sale the amount of the purchase price, plus any sums paid by the purchaser to protect his interest in such property in particular, but not in limitation thereof, for such items as taxes, insurance, maintenance expenses reasonably incurred to preserve the value of the mortgaged premises, or payments on a superior lien, together with interest on the total judgment at the same rate of interest as provided in the mortgage. If the purchaser also is the holder of another lien upon the property foreclosed, or part thereof, other than the mortgage upon which sale was made, which additional lien is superior to the lien of the person redeeming, the person redeeming shall likewise pay the amount of such additional lien including interest at the rate provided by the lien or at the legal rate to the date of payment.

Source: SL 1977, ch 187, § 23.
S.D. Codified Laws § 21-17A-8 — SD Code / Title 21 / Chapter 17A / Section 21-17A-8
Additional security--Application by defendant--Joint sureties
Status: in_force

If a defendant is not satisfied with the amount specified in the bond or with the surety he may, upon five days' notice to the plaintiff, apply to a judge for additional security. The judge may require the plaintiff to give and file another bond, to be approved by him, in such sum as he may deem proper, not exceeding the appraised value of the property attached. The surety shall justify as provided in § 21-17A-7 , but if there is more than one surety they may be accepted if they are jointly responsible for the required sum.

Source: SL 1983, ch 168, § 8.