reglab/housing_qa huggingface dataset:
SD Codified L § 15-6-23(E) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-23(E) - Dismissal or compromise of class actions.

15-6-23(e). Dismissal or compromise of class actions.A class action shall not be dismissed or compromised without the approval of the court, and notice of the proposed dismissal or compromise shall be given to all members of the class in such manner as the court directs. Source: SD RCP, Rule 23 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SDCL, §15-6-23(c); SD RCP, Rule 23 (e) as adopted by Sup. Ct. Order No. 2, March 31, 1969, effective July 1, 1969.
SD Codified L § 15-6-24 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-24 - 15-6-24.Intervention

  15-6-24.   Intervention
SD Codified L § 15-6-24(A) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-24(A) - Intervention of right.

15-6-24(a). Intervention of right.Upon timely application anyone shall be permitted to intervene in an action:(1)When a statute of the state confers an unconditional right to intervene; or(2)When the applicant claims an interest relating to the property or transaction which is the subject of the action and he is so situated that the disposition of the action may as a practical matter impair or impede his ability to protect that interest, unless the applicant's interest is adequately represented by existing parties. Source: SDC 1939 & Supp 1960, §33.0413; SD RCP, Rule 24 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; as amended by Sup. Ct. Order No. 2, March 31, 1969, effective July 1, 1969.
SD Codified L § 15-6-24(B) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-24(B) - Permissive intervention.

15-6-24(b). Permissive intervention.Upon timely application anyone may be permitted to intervene in an action when an applicant's claim or defense and the main action have a question of law or fact in common. When a party to an action relies for ground of claim or defense upon any statute or executive order administered by a federal or state governmental officer or agency or upon any regulation, order, requirement, or agreement issued or made pursuant to the statute or executive order, the officer or agency upon timely application may be permitted to intervene in the action. In exercising its discretion the court shall consider whether the intervention will unduly delay or prejudice the adjudication of the rights of the original parties. Source: SD RCP, Rule 24 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-24(C) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-24(C) - Procedure for intervention.

15-6-24(c). Procedure for intervention.A person desiring to intervene shall serve a motion to intervene upon the parties as provided in §15-6-5. The motion shall state the grounds therefor and shall be accompanied by a pleading setting forth the claim or defense for which intervention is sought. The same procedure shall be followed when a statute gives a right to intervene.When the constitutionality of an act of the Legislature affecting the public interest is drawn in question in any action to which the state or an officer, agency, or employee of the state is not a party, the party asserting the unconstitutionality of the act shall notify the attorney general thereof within such time as to afford him the opportunity to intervene. Source: SDC 1939 & Supp 1960, §33.0413; SD RCP, Rule 24 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-25 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-25 - 15-6-25.Substitution of parties

  15-6-25.   Substitution of parties
SD Codified L § 15-6-25.1 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-25.1 - Dismissal of parties--Subsequent pleadings.

15-6-25.1. Dismissal of parties--Subsequent pleadings.If a party is dismissed or dropped from a multiparty civil action by order of the court, the name of the dismissed or dropped party may not appear on subsequent pleadings. Source: SL 1989, ch 174.
SD Codified L § 15-6-25(A) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-25(A) - Death of party.

15-6-25(a). Death of party.(1)If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties. The motion for substitution may be made by any party or by the successors or representatives of the deceased party and, together with the notice of hearing, shall be served on the parties as provided in §15-6-5 and upon persons not parties in the manner provided in §15-6-4 for the service of a summons. Unless the motion for substitution is made not later than ninety days after the death is suggested upon the record by service of a statement of the fact of the death as provided herein for the service of the motion, the action shall be dismissed as to the deceased party.(2)In the event of the death of one or more of the plaintiffs or of one or more of the defendants in an action in which the right sought to be enforced survives only to the surviving plaintiffs or only against the surviving defendants, the action does not abate. The death shall be suggested upon the record and the action shall proceed in favor of or against the surviving parties. Source: SDC 1939 & Supp 1960, §33.0414; SD RCP, Rule 25 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-25(B) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-25(B) - Incompetency of party.

15-6-25(b). Incompetency of party.If a party becomes incompetent, the court upon motion served as provided in §15-6-25(a) may allow the action to be continued by or against his guardian, conservator, or guardian ad litem. Source: SDC 1939 & Supp 1960, §33.0414; SD RCP, Rule 25 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1993, ch 213, §90.
SD Codified L § 15-6-25(C) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-25(C) - Transfer of party's interest.

15-6-25(c). Transfer of party's interest.In case of any transfer of interest, the action may be continued by or against the original party, unless the court upon motion directs the person to whom the interest is transferred to be substituted in the action or joined with the original party. Service of the motion shall be made as provided in §15-6-25(a). Source: SDC 1939 & Supp 1960, §33.0414; SD RCP, Rule 25 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-25(D) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-25(D) - Officer as party--Death or separation from office.

15-6-25(d). Officer as party--Death or separation from office.(1)When a public officer, officer of a private corporation as such, personal representative or trustee is a party to an action in his official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate and his successor is automatically substituted as a party. Proceedings following the substitution shall be in the name of the substituted party, but any misnomer not affecting the substantial rights of the parties shall be disregarded. An order of substitution may be entered at any time, but the omission to enter such an order shall not affect the substitution.(2)When such officer sues or is sued in his official capacity, he may be described as a party by his official title rather than by name; but the court may require his name to be added. Source: SDC 1939 & Supp 1960, §33.0414; SD RCP, Rule 25 (d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-25(E) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-25(E) - Judgment for possession of real property--Successor in interest--Revival.

15-6-25(e). Judgment for possession of real property--Successor in interest--Revival.When a judgment is recovered for the possession of real property and the party recovering such judgment shall have died subsequent to the recovery thereof, his successor in interest in said real property, whether by grant, devise, or inheritance, may revive said judgment and enforce the same by execution on motion, within one year after said death, or afterwards on supplemental complaint. Source: SDC 1939 & Supp 1960, §33.0414; SD RCP, Rule 25 (e), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-26 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-26 - 15-6-26.--Discovery pending action

15-6-26. Discovery pending action
SD Codified L § 15-6-26(A) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-26(A) - Discovery methods.

15-6-26(a). Discovery methods.Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property, for inspection and other purposes; physical and mental examinations; and requests for admission. Unless the court orders otherwise under §15-6-26(c), the frequency of use of these methods is not limited. Source: Supreme Court Rule 76-3, §2.
SD Codified L § 15-6-26(C) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-26(C) - Protective orders.

15-6-26(c). Protective orders.Upon motion by a party or by the person from whom discovery is sought or has been taken, or other person who would be adversely affected, accompanied by a certification that the movant has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute without court action, and for good cause shown, the court in which the action is pending, on matters relating to a deposition, interrogatories, or other discovery, or alternatively, the court in the circuit where the deposition is to be taken may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense, including one or more of the following:(1)That the discovery not be had;(2)That the discovery may be had only on specified terms and conditions, including a designation of the time and place;(3)That the discovery may be had only by a method of discovery other than that selected by the party seeking discovery;(4)That certain matters not be inquired into, or that the scope of the discovery be limited to certain matters;(5)That discovery be conducted with no one present except persons designated by the court;(6)That a deposition after being sealed be opened only by order of the court;(7)That a trade secret or other confidential research, development, or commercial information not be disclosed or be disclosed only in a designated way;(8)That the parties simultaneously file specified documents or information enclosed in sealed envelopes to be opened as directed by the court;(9)That depositions, interrogatories, admissions, other discovery, documents, and exhibits attached to motions, or portions of such documents, be sealed unless and until opened at the direction of the court.If the motion for a protective order is denied in whole or in part, the court may, on such terms and conditions as are just, order that any party or person provide or permit discovery. The provisions of subdivision 15-6-37(a)(4) apply to the award of expenses incurred in relation to the motion. Source: SDC 1939 & Supp 1960, §36.0516; SD RCP, Rule 30 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SDCL, §15-6-30(b); Supreme Court Rule 76-3, §2; SL 2001, ch 298 (Supreme Court Rule 01-06); SL 2006, ch 289 (Supreme Court Rule 06-15), eff. July 1, 2006.
SD Codified L § 15-6-26(D) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-26(D) - Sequence and timing of discovery.

15-6-26(d). Sequence and timing of discovery.Unless the court upon motion, for the convenience of parties and witnesses and in the interests of justice, orders otherwise, methods of discovery may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate to delay any other party's discovery. Source: Supreme Court Rule 76-3, §2.
SD Codified L § 15-6-26(E) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-26(E) - Supplementation of responses.

15-6-26(e). Supplementation of responses.A party who has responded to a request for discovery with a response that was complete when made is under a duty to supplement or correct the response to include information thereafter acquired if ordered by the court or in the following circumstances:(1)A party is under a duty to supplement at appropriate intervals the party's response to a discovery request authorized under subdivision (a) if the party learns that in some material respect the response is incomplete or incorrect and if the additional or corrective information has not otherwise been made known to the other parties during the discovery process or in writing. With respect to testimony of an expert, the duty extends to information contained in any expert report, discovery response concerning expert's opinions and any deposition of the expert.(2)A party is under a duty seasonably to amend a prior response to an interrogatory, request for production, or request for admission if the party learns that the response is in some material respect incomplete or incorrect and if the additional or corrective information has not otherwise been made known to the other parties during the discovery process or in writing.(3)A duty to supplement responses may be imposed by order of the court, agreement of the parties, or at any time prior to trial through new requests for supplementation of prior responses. Source: Supreme Court Rule 76-3, §2; SL 2006, ch 290 (Supreme Court Rule 06-16), eff. July 1, 2006.
SD Codified L § 15-6-27 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-27 - 15-6-27.Depositions before action or pending appeal

  15-6-27.   Depositions before action or pending appeal
SD Codified L § 15-6-27(B) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-27(B) - Depositions pending appeal.

15-6-27(b). Depositions pending appeal.If an appeal has been taken from a judgment of a trial court of record or before the taking of an appeal if the time therefor has not expired, the court in which the judgment was rendered may allow the taking of the depositions of witnesses to perpetuate their testimony for use in the event of further proceedings in the said court. In such case the party who desires to perpetuate the testimony may make a motion in such court for leave to take the depositions, upon the same notice and service thereof as if the action was pending therein. The motion shall show:(1)The names and addresses of the persons to be examined and the substance of the testimony which the party expects to elicit from each;(2)The reasons for perpetuating their testimony.If the court finds that the perpetuation of the testimony is proper to avoid a failure or delay of justice, it may make an order allowing the depositions to be taken and may make orders of the character provided for by §§15-6-34 and 15-6-35, and thereupon the depositions may be taken and used in the same manner and under the same conditions as are prescribed in this chapter for depositions taken in pending actions. Source: SDC 1939 & Supp 1960, §36.0528; SD RCP, Rule 27 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 2006, ch 292 (Supreme Court Rule 06-18), eff. July 1, 2006.
SD Codified L § 15-6-27(C) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-27(C) - Perpetuation of testimony by action.

15-6-27(c). Perpetuation of testimony by action.Section 15-6-27 does not limit the power of a court to entertain an action to perpetuate testimony. Source: SDC 1939 & Supp 1960, §36.0529; SD RCP, Rule 27 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-28 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-28 - 15-6-28.Persons before whom depositions may be taken

  15-6-28.   Persons before whom depositions may be taken
SD Codified L § 15-6-28.1 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-28.1 - Interstate depositions and discovery.

15-6-28.1. Interstate depositions and discovery.Sections 15-6-28.1 to 15-6-28.6, inclusive, shall govern depositions and discovery conducted in South Dakota in connection with a civil lawsuit brought in another state. Source: SL 2012, ch 256 (Supreme Court Rule 12-02), eff. July 1, 2012.
SD Codified L § 15-6-28.2 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-28.2 - Definitions.

15-6-28.2. Definitions.In §§15-6-28.1 to 15-6-28.6, inclusive:(1)"Foreign jurisdiction" means a state other than this state.(2)"Foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdiction.(3)"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.(4)"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States.(5)"Subpoena" means a document, however denominated, issued under authority of a court of record requiring a person to:(a)Attend and give testimony at a deposition;(b)Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or(c)Permit inspection of premises under the control of the person. Source: SL 2012, ch 256 (Supreme Court Rule 12-02), eff. July 1, 2012.
SD Codified L § 15-6-28.3 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-28.3 - Issuance of subpoena for interstate depositions and discovery.

15-6-28.3. Issuance of subpoena for interstate depositions and discovery.(A) To request issuance of a subpoena under §§15-6-28.1 to 15-6-28.6, inclusive, a party must submit a foreign subpoena to a clerk of court in the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under §§15-6-28.1 to 15-6-28.6, inclusive, does not constitute an appearance in the courts of this state. It does create the necessary jurisdiction in the State of South Dakota to:(i)Enforce the subpoena;(ii)Quash or modify the subpoena;(iii)Issue any protective order or resolve any other dispute relating to the subpoena;(iv)Impose sanctions on the attorney requesting the issuance of the subpoena for any action which would constitute a violation of the South Dakota Rules of Civil Procedure.An attorney who is not licensed to practice law in the State of South Dakota may petition the courts of this state to enforce or resolve any other dispute relating to a subpoena issued under this section, or may respond in the courts of this state to any petition or motion relating to the subpoena filed by any other person, without being admitted pro hac vice.(B) When a party submits a foreign subpoena to a clerk of court in this state, the clerk shall promptly issue a subpoena for service upon the person to whom the foreign subpoena is directed.(C) A subpoena under subsection (B) must:(i)Conform to the requirements of the South Dakota Rules of Civil Procedure, including §15-6-45, but may otherwise incorporate the terms used in the foreign subpoena so long as they conform to the South Dakota Rules of Civil Procedure;(ii)Advise the person to whom the subpoena is directed that such a person has a right to petition the South Dakota court to quash or modify the subpoena under §15-6-45(b); and(iii)Contain or be accompanied by the names, addresses, and telephone numbers, of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel. Source: SL 2012, ch 256 (Supreme Court Rule 12-02), eff. July 1, 2012.
SD Codified L § 15-6-28.4 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-28.4 - Service of subpoena for interstate depositions and discovery.

15-6-28.4. Service of subpoena for interstate depositions and discovery.A subpoena issued by a clerk of court under §§15-6-28.1 to 15-6-28.6, inclusive, must be served in compliance with §15-6-45(c). Source: SL 2012, ch 256 (Supreme Court Rule 12-02), eff. July 1, 2012.
SD Codified L § 15-6-28.5 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-28.5 - Deposition, production, inspection, witness fees, expenses, place of examination, attendance where required.

15-6-28.5. Deposition, production, inspection, witness fees, expenses, place of examination, attendance where required.All other provisions of §15-6-45 shall also apply to subpoenas issued under §§15-6-28.1 to 15-6-28.6, inclusive. Source: SL 2012, ch 256 (Supreme Court Rule 12-02), eff. July 1, 2012.
SD Codified L § 15-6-28.6 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-28.6 - Application to court.

15-6-28.6. Application to court.An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under §§15-6-28.1 to 15-6-28.6, inclusive, must comply with the rules or laws of South Dakota and be submitted to the court in the county in which discovery is to be conducted. Source: SL 2012, ch 256 (Supreme Court Rule 12-02), eff. July 1, 2012.