reglab/housing_qa huggingface dataset:
SD Codified L § 15-6-65(C) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-65(C) - Undertaking required on preliminary injunction or temporary restraining order--Ascertainment of damages.

15-6-65(c). Undertaking required on preliminary injunction or temporary restraining order--Ascertainment of damages.Where no provision is made by statute for security on a preliminary injunction or temporary restraining order, the court shall require a written undertaking on the part of the applicant with or without sureties in such sum as the court deems proper, to the effect that the applicant will pay to the party enjoined such costs and damages not exceeding the amount to be specified, as he may sustain by reason of the preliminary injunction or temporary restraining order, if the court finally decides that the applicant was not entitled thereto. The damages may be ascertained by reference or otherwise as the court shall direct. No such security shall be required of the State of South Dakota or of an officer or agency thereof. Source: SDC 1939 & Supp 1960, §37.4306; SDCL, §21-8-10; SL 1978, ch 155, §4.
SD Codified L § 15-6-65(D) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-65(D) - Contents of order--Parties bound.

15-6-65(d). Contents of order--Parties bound.Every order granting an injunction and every restraining order shall set forth the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; and is binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise. In addition, and pursuant to §15-6-52(a), the court for preliminary injunctions shall set forth the findings of fact and conclusions of law which constitute the grounds of its action. Source: SL 1978, ch 155, §4.
SD Codified L § 15-6-66 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-66 - Receivers.

15-6-66. Receivers.An action wherein a receiver has been appointed shall not be dismissed except by order of the court. The practice in the administration of estates by receivers or by other similar officers appointed by the court shall be in accordance with statute and the practice heretofore followed in courts of this state. In all other respects the action in which the appointment of a receiver is sought or which is brought by or against a receiver is governed by this chapter. Source: SD RCP, Rule 66, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-67 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-67 - 15-6-67.Deposit in court

  15-6-67.   Deposit in court
SD Codified L § 15-6-67(A) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-67(A) - Deposit in an action.

15-6-67(a). Deposit in an action.In an action in which any part of the relief sought is a judgment for a sum of money or the disposition of a sum of money or the disposition of any other thing capable of delivery, a party, upon notice to every other party, and by leave of court, may deposit with the court all or any part of such sum or thing. Money paid into court under §15-6-67 shall be deposited and withdrawn as ordered by the court. Source: SD RCP, Rule 67 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-67(B) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-67(B) - Deposit in court by substitution.

15-6-67(b). Deposit in court by substitution.A defendant against whom an action is pending upon a contract or for specific real or personal property may at any time before answer upon affidavit that a person not a party to the action, and without collusion with him, makes against him a demand for the same debt or property, upon due notice to such person and the adverse party, apply to the court for an order to substitute such person in his place and discharge him from liability to either party on his depositing in court the amount of the debt, or delivering the property or its value to such person as the court may direct; and the court may in its discretion make the order. Source: SDC 1939 & Supp 1960, §33.0415; SD RCP, Rule 67 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-67(C) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-67(C) - Deposit in court when no action is brought.

15-6-67(c). Deposit in court when no action is brought.Whenever any person has in his possession or control as bailee or otherwise, any personal property to which two or more persons make adverse claims, or he has notice of such claims and is unable to determine or is in doubt as to the rightful owner or who is rightfully entitled to the possession thereof, he may apply to the circuit judge of the circuit wherein such property is situated, upon an affidavit describing the property, stating its value and the nature of the controversy concerning the same, for an order designating a depository, and such judge shall thereupon designate some suitable depository to receive and care for such property, subject to the orders of the circuit court within the county wherein the property is situated; and the person having any such property in his possession or control having deposited the same with such depository, shall forthwith notify personally or by registered or certified mail, all persons of whom he has knowledge or notice who have or claim to have any interest in or lien upon such property or any part thereof, of such deposit; and upon giving such notice such person shall be released and discharged from further liability to any person on account of such property; provided that he may be required, upon the application of any person interested therein, to appear and make disclosures before the court in which any action affecting such property may be pending, or the judge who designates such depository, concerning said property. If the address of any person having or making any claim cannot be ascertained, an affidavit to that effect shall be filed with the depository and the giving of notice to such person shall not be required. Source: SDC 1939 & Supp 1960, §33.0415; SD RCP, Rule 67 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-67(D) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-67(D) - Court may order deposit or seizure of property.

15-6-67(d). Court may order deposit or seizure of property.When it is admitted by the pleading or examination of a party that he has in his possession or control any money or other thing capable of delivery which, being the subject of the litigation, is held by him as trustee for another party, or which belongs or is due to another party, the court may order the same to be deposited in court or delivered to such other party, with or without security, subject to further direction. If such order be disobeyed, the court may punish the disobedience as a contempt, and may also require the sheriff or other proper officer to take the money or property and deposit or deliver it in accordance with the direction given. Source: SDC 1939 & Supp 1960, §§37.5201, 37.5203; SD RCP, Rule 67 (d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-67(E) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-67(E) - Voluntary partial payment as credit against judgment.

15-6-67(e). Voluntary partial payment as credit against judgment.After entry of judgment any voluntary partial payment of a claim shall be treated as a credit against the judgment, and shall be deductible from the amount of the judgment. Source: SL 1966, ch 141; SDCL, §19-2-10; SL 1979, ch 154, §4.
SD Codified L § 15-6-68 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-68 - Offer of Judgment.

15-6-68. Offer of Judgment.At any time more than ten days before the trial begins, any party may serve upon an adverse party an offer to allow judgment to be taken against the party for money or property or to the effect specified in the offer, with costs then accrued. If, within ten days after the service of the offer, the adverse party serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service thereof and thereupon the clerk shall enter judgment. An offer not accepted shall be deemed withdrawn and evidence thereof is not admissible except in a proceeding to determine costs. If the judgment finally obtained by the offeree is not more favorable than the offer, the offeree must pay the costs incurred after the making of the offer. The fact that an offer is made but not accepted does not preclude a subsequent offer. If the liability of one party to another has been determined by verdict or order or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which shall have the same effect as an offer made before trial if it is served within a reasonable time not less than ten days prior to the commencement of hearings to determine the amount or extent of liability. Source: SDC 1939 & Supp 1960, §§33.1809, 33.1810; SD RCP, Rule 68, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; amended by Sup. Ct. Order No. 2, March 31, 1969, effective July 1, 1969; SL 2006, ch 273 (Supreme Court Rule 05-12), effective Nov. 2, 2005.
SD Codified L § 15-6-69 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-69 - Execution.

15-6-69. Execution.Process to enforce a judgment for the payment of money shall be a writ of execution, unless the court directs otherwise. The procedure on execution in proceedings supplementary to and in aid of a judgment, and in proceedings on and in aid of execution shall be in accordance with applicable statute or rule. In aid of a judgment or execution, the judgment creditor, or his successor in interest when that interest appears of record, may obtain discovery from any person, including the judgment debtor in the manner provided in these rules. Source: SD RCP, Rule 69, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 76-3, §17.
SD Codified L § 15-6-70 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-70 - Judgment for specific acts--Vesting title.

15-6-70. Judgment for specific acts--Vesting title.If a judgment directs a party to execute a conveyance of land or to deliver deeds or other documents or to perform any other specific act and the party fails to comply within the time specified, the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court and the act when so done has like effect as if done by the party. On application of the party entitled to performance, the clerk shall issue a writ of attachment or sequestration against the property of the disobedient party to compel obedience to the judgment. The court may also in proper cases adjudge the party in contempt. If real or personal property is within the state, the court in lieu of directing a conveyance thereof may enter a judgment divesting the title of any party and vesting it in others and such judgment has the effect of a conveyance executed in due form of law. When any order or judgment is for the delivery of possession, the party in whose favor it is entered is entitled to a writ of execution or assistance upon application to the clerk. Source: SDC 1939 & Supp 1960, §33.1906; SD RCP, Rule 70, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-71 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-71 - Process in behalf of and against persons not parties.

15-6-71. Process in behalf of and against persons not parties.When an order is made in favor of a person who is not a party to the action, he may enforce obedience to the order by the same process as if he were a party; and, when obedience to an order may be lawfully enforced against a person who is not a party, he is liable to the same process for enforcing obedience to the order as if he were a party. Source: SD RCP, Rule 71, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-72.1 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-72.1 - Local intergovernmental actions--Expedited action--Alternative dispute resolution.

15-6-72.1. Local intergovernmental actions--Expedited action--Alternative dispute resolution. In order to facilitate the quick and efficient resolution of disputes, whenever two or more local governmental bodies are engaged in a legal dispute, on motion of any party or on its own, the court may order the parties to proceed:(1)Under the expedited civil action process set out in §§ 15-6-73 to 15-6-76.1, inclusive, regardless of any amount in controversy; or(2)To alternative dispute resolution, other than binding arbitration, on such terms as the court may order. Source: SL 2021, ch 85, § 1.
SD Codified L § 15-6-72.2 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-72.2 - Definition--Local government body.

15-6-72.2. Definition--Local government body. For the purposes of § 15-6-72.1, the term, local government body, shall mean:(1)Any county, municipality, township, or unincorporated territory;(2)Any school district;(3)Any organization that offers a public service, organized or authorized by a county, municipality, or township, including law enforcement, fire protection services, or emergency medical services; and(4)Any special district including ambulance districts under chapter 34-11A, conservation districts under chapter 38-8, consumer power districts under chapters 49-35 through 49-40, drainage basis utility districts under chapter 46A-10B, improvement districts under chapter 7-25A, irrigation districts under chapters 46A-4 through 46A-7, predator control districts under chapter 40-37, public hospital districts under chapter 34-10, regional railroad authorities under chapter 49-17A, regional recycling and waste management districts under chapter 34A-16, road districts under chapter 31-12A, rural fire protection districts under chapter 34-31A, sanitary districts under chapter 34A-5, water development districts under chapters 46A-3A through 46A-3E, water project districts under chapter 46A-18, water user districts under chapter 46A-9, or watershed districts under chapter 46A-14. Source: SL 2021, ch 85, § 2.
SD Codified L § 15-6-73 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-73 - Discovery in expedited civil actions.

15-6-73. Discovery in expedited civil actions.(1) Discovery period. Except upon agreement of the parties or leave of court granted upon a showing of good cause, all discovery must be completed no later than 60 days before trial.(2) Limited and simplified discovery procedures. Except upon agreement of the parties or leave of court granted upon a showing of good cause, discovery in expedited civil actions is subject to the following additional limitations:(A)Interrogatories to parties. Each side may serve no more than 10 interrogatories, including all discrete subparts, on any other side under §15-6-33.(B)Production of documents. Each side may serve no more than 10 requests for production, including all discrete subparts, on any other side under §15-6-34.(C)Requests for admission. Each side may serve no more than 10 requests for admission, including all discrete subparts, on any other side under §15-6-36. This limit does not apply to requests for admission of the genuineness of documents that the party intends to offer into evidence at trial.(D)Depositions upon oral examination.(i)Parties. One deposition of each party may be taken. With regard to corporations, partnerships, voluntary associations, or any other groups or entities named as a party, one representative deponent may be deposed.(ii)Other deponents. Each side may take the deposition of up to two nonparties.(3) Number of expert witnesses. Each side is entitled to one retained expert, except upon agreement of the parties or leave of court granted upon a showing of good cause.(4) Motion for leave of court. A motion for leave of court to modify the limitations provided in this section must be in writing and must set forth the proposed additional discovery and the reasons establishing good cause for its use. Source: SL 2016, ch 238 (Supreme Court Rule 15-16), eff. Jan. 1, 2016.
SD Codified L § 15-6-74 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-74 - Motions.

15-6-74. Motions.(1) Motions to dismiss. Any party may file any motion permitted by §15-6-12(b). Unless the court orders a stay, the filing of a motion to dismiss will not eliminate or postpone otherwise applicable pleading or disclosure requirements.(2) Motions for summary judgment.(A)Any party may file any motion permitted by §15-6-56.(B)Limited number. Each party may file no more than one motion for summary judgment under §15-6-56. The motion may include more than one ground.(C)Deadline. Motions for summary judgment under §15-6-56 must be filed no later than 90 days before trial. Source: SL 2016, ch 238 (Supreme Court Rule 15-16), eff. Jan. 1, 2016.
SD Codified L § 15-6-76 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-76 - Settlement conference--Alternative dispute resolution.

15-6-76. Settlement conference--Alternative dispute resolution.Unless the parties have agreed to engage in alternative dispute resolution or are required to do so by contract or statute, the court may not, by order or local rule, require the parties to engage in a settlement conference or any other form of alternative dispute resolution. Source: SL 2016, ch 238 (Supreme Court Rule 15-16), eff. Jan. 1, 2016.
SD Codified L § 15-6-76.1 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-76.1 - Claim preclusion--Issue preclusion.

15-6-76.1. Claim preclusion--Issue preclusion.Judgments or orders in an expedited civil action may not be relied upon to establish claim preclusion or issue preclusion unless the party seeking to rely on a judgment or order for preclusive effect was either a party or in privity with a party in the expedited civil action. Source: SL 2016, ch 238 (Supreme Court Rule 15-16), eff. Jan. 1, 2016.
SD Codified L § 15-6-77 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-77 - 15-6-77.Courts of record and clerks

  15-6-77.   Courts of record and clerks
SD Codified L § 15-6-77(A) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-77(A) - Trial courts of record always open.

15-6-77(a). Trial courts of record always open.Trial courts of record shall be deemed always open for the purpose of filing any pleading or other proper paper, of issuing and returning mesne and final process, and of making and directing all interlocutory motions, orders, and rules. Source: SD RCP, Rule 77 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-77(B) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-77(B) - Trials and hearings--Orders in chambers.

15-6-77(b). Trials and hearings--Orders in chambers.All trials upon the merits shall be conducted in open court and so far as convenient in a regular courtroom. All other acts or proceedings may be done or conducted by a judge in chambers, without the attendance of the clerk or other court officials and at any place either within or without the circuit; but no hearing, other than one ex parte, shall be conducted outside the circuit without the consent of all parties affected thereby. Source: SDC 1939 & Supp 1960, §33.1401; SD RCP, Rule 77 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-77(C) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-77(C) - Clerk's office and orders by clerk.

15-6-77(c). Clerk's office and orders by clerk.All motions and applications in the clerk's office for issuing mesne process, for issuing final process to enforce and execute judgments, and for other proceedings which do not require allowance or order of the court are grantable of course by the clerk; but his action may be suspended or altered or rescinded by the court upon cause shown. Source: SD RCP, Rule 77 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-80 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-80 - Stenographic report or transcript as evidence.

15-6-80. Stenographic report or transcript as evidence.Whenever the testimony of a witness at a trial or hearing which was stenographically reported is admissible in evidence at a later trial or hearing, it may be proved by the transcript thereof duly certified by the person who reported the testimony. Source: SD RCP, Rule 80, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-81 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-81 - 15-6-81.Applicability

  15-6-81.   Applicability
SD Codified L § 15-6-81(C) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-81(C) - Appeals to circuit courts.

15-6-81(c). Appeals to circuit courts.This chapter does not supersede the provisions of statutes relating to appeals to the circuit courts. Source: SD RCP, Rule 81 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-81(D) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-81(D) - Chapter incorporated into statutes.

15-6-81(d). Chapter incorporated into statutes.Where any statute heretofore or hereafter enacted, whether or not listed in Appendix A to this chapter, provides that any act in a civil proceeding shall be done in the manner provided by law, such act shall be done in accordance with this chapter. Source: SD RCP, Rule 81 (d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.