reglab/housing_qa huggingface dataset:
SD Codified L § 21-29-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 29 - Writ Of Mandamus|Section 21-29-3 - Alternative and peremptory writs--Terms of writ.

21-29-3. Alternative and peremptory writs--Terms of writ.The writ of mandamus may be either alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed, and command such party, immediately upon the receipt of the writ, or at some other specified time, to do the act required to be performed, or to show cause before the court, at a specified time and place, why he has not done so. The peremptory writ must be in a similar form, except that the words requiring the party to show cause why he has not done the command, must be omitted, and a return day inserted. Source: CCivP 1877, §697; CL 1887, §5519; RCCivP 1903, §766; RC 1919, §3008; Supreme Court Rule 611, 1939; SDC 1939 & Supp 1960, §37.4503.
SD Codified L § 21-29-4 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 29 - Writ Of Mandamus|Section 21-29-4 - Grant of writ on default prohibited.

21-29-4. Grant of writ on default prohibited.The writ of mandamus cannot be granted by default. The case must be heard by the court, whether the adverse party appear or not. Source: CCivP 1877, §698; CL 1887, §5520; RCCivP 1903, §767; RC 1919, §3009; Supreme Court Rule 611, 1939; SDC 1939 & Supp 1960, §37.4503.
SD Codified L § 21-29-5 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 29 - Writ Of Mandamus|Section 21-29-5 - Alternative writ issued without notice--Minimum notice required for peremptory writ.

21-29-5. Alternative writ issued without notice--Minimum notice required for peremptory writ.When the application for writ of mandamus to the court is made without notice to the adverse party, and the writ be allowed, the alternative writ must be first issued; but if the application be upon due notice, and the writ be allowed, the peremptory writ may be issued in the first instance. The notice of the application, when given, must be at least ten days. Source: CCivP 1877, §698; CL 1887, §5520; RCCivP 1903, §767; RC 1919, §3009; Supreme Court Rule 611, 1939; SDC 1939 & Supp 1960, §37.4503.
SD Codified L § 21-29-6 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 29 - Writ Of Mandamus|Section 21-29-6 - Service of writ--Service on majority of board.

21-29-6. Service of writ--Service on majority of board.The writ of mandamus must be served in the same manner as a summons in a civil action, except when otherwise expressly directed by order of the court. Service upon a majority of the members of any board or body is service upon the board or body, whether at the time of the service the board was in session or not. Source: CCivP 1877, §706; CL 1887, §5528; RCCivP 1903, §775; RC 1919, §3017; SDC 1939 & Supp 1960, §37.4504.
SD Codified L § 21-29-7 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 29 - Writ Of Mandamus|Section 21-29-7 - Answer to show cause against writ.

21-29-7. Answer to show cause against writ.On the return of the alternative writ of mandamus, or the day on which the application for the writ is noticed, the party on whom the writ or notice has been served may show cause by answer, under oath, made in the same manner as an answer to a complaint in a civil action. Source: CCivP 1877, §699; CL 1887, §5521; RCCivP 1903, §768; RC 1919, §3010; Supreme Court Rule 612, 1939; SDC 1939 & Supp 1960, §37.4505.
SD Codified L § 21-29-8 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 29 - Writ Of Mandamus|Section 21-29-8 - Hearing by court when no answer made or no questions of fact raised.

21-29-8. Hearing by court when no answer made or no questions of fact raised.If no answer be made, the case must be heard on the papers of the applicant. If the answer raises only questions of law, or puts in issue only immaterial statements, not affecting the substantial rights of the parties, the court must proceed to hear, or fix a day for hearing the case. Source: CCivP 1877, §704; CL 1887, §5526; RCCivP 1903, §773; RC 1919, §3015; Supreme Court Rule 613, 1939; SDC 1939 & Supp 1960, §37.4506.
SD Codified L § 21-29-9 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 29 - Writ Of Mandamus|Section 21-29-9 - Objections and proof countervailing answer introduced by applicant at trial.

21-29-9. Objections and proof countervailing answer introduced by applicant at trial.On the trial the applicant is not precluded by the answer from any valid objection to its sufficiency and may countervail it by proof, either in direct denial or by way of avoidance. Source: CCivP 1877, §701; CL 1887, §5523; RCCivP 1903, §770; RC 1919, §3012; Supreme Court Rule 614, 1939; SDC 1939 & Supp 1960, §37.4507.
SD Codified L § 21-29-10 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 29 - Writ Of Mandamus|Section 21-29-10 - Discretionary jury trial and postponement--Statement of question to be tried--Assessment of damages.

21-29-10. Discretionary jury trial and postponement--Statement of question to be tried--Assessment of damages.If an answer be made which raises a question as to a matter of fact essential to the determination of the motion, and affecting the substantial rights of the parties, and upon the supposed truth of which allegation the application for the writ is based, the court may, in its discretion, order the question to be tried before a jury, and postpone the hearing until such trial can be had and the verdict certified to the court. The question to be tried must be distinctly stated in the order for trial, and the county must be designated in which the same shall be had. The order may also direct the jury to assess any damages which the applicant may have sustained, in case they find for him. Source: CCivP 1877, §700; CL 1887, §5522; RCCivP 1903, §769; RC 1919, §3011; Supreme Court Rule 615, 1939; SDC 1939 & Supp 1960, §37.4508.
SD Codified L § 21-29-11 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 29 - Writ Of Mandamus|Section 21-29-11 - Verdict transmitted to court--Hearing on application.

21-29-11. Verdict transmitted to court--Hearing on application.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.
SD Codified L § 21-29-12 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 29 - Writ Of Mandamus|Section 21-29-12 - Elements included in judgment.

21-29-12. Elements included in judgment.If judgment be given for the applicant, he may recover the damages which he has sustained, as found by the jury or as may be determined by the court or referee, upon a reference to be ordered, together with costs; and for such damages and costs execution may issue; and a peremptory mandamus must also be awarded without delay. If judgment shall be for the defendant, costs in his favor shall be taxed as a part thereof. Source: CCivP 1877, §705; CL 1887, §5527; RCCivP 1903, §774; RC 1919, §3016; SDC 1939 & Supp 1960, §37.4510.
SD Codified L § 21-29-13 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 29 - Writ Of Mandamus|Section 21-29-13 - Motion for new trial.

21-29-13. Motion for new trial.The motion for a new trial must be made in the court in which the issue of fact is made. Source: CCivP 1877, §702; CL 1887, §5524; RCCivP 1903, §771; RC 1919, §3013; SDC 1939 & Supp 1960, §37.4511.
SD Codified L § 21-29-14 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 29 - Writ Of Mandamus|Section 21-29-14 - Fine for disobedience of peremptory writ--Imprisonment on persistent disobedience.

21-29-14. Fine for disobedience of peremptory writ--Imprisonment on persistent disobedience.When a peremptory mandamus has been issued and directed to any inferior tribunal, corporation, board, or person, if it appear to the court that any member of such tribunal, corporation, board, or any person upon whom the writ has been personally served, has, without just excuse, refused or neglected to obey the same, the court may, upon motion, impose a fine not exceeding one thousand dollars. In case of persistence in a refusal of obedience, the court may order the party to be imprisoned until the writ is obeyed, and may make any orders necessary and proper for the complete enforcement of the writ. Source: CCivP 1877, §707; CL 1887, §5529; RCCivP 1903, §776; RC 1919, §3018; SDC 1939 & Supp 1960, §37.4512.
SD Codified L § 21-30-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 30 - Writ Of Prohibition|Section 21-30-1 - Counterpart of mandamus--Purposes for which writ used.

21-30-1. Counterpart of mandamus--Purposes for which writ used.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.
SD Codified L § 21-30-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 30 - Writ Of Prohibition|Section 21-30-2 - Power to issue writ where ordinary remedy inadequate.

21-30-2. Power to issue writ where ordinary remedy inadequate.The writ of prohibition may be issued by the Supreme and circuit courts, to an inferior tribunal, or to a corporation, board, or person, in all cases where there is not a plain, speedy, and adequate remedy in the ordinary course of law. Source: CCivP 1877, §709; CL 1887, §5531; RCCivP 1903, §778; RC 1919, §3020; SDC 1939 & Supp 1960, §37.4402.
SD Codified L § 21-30-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 30 - Writ Of Prohibition|Section 21-30-3 - Affidavit and application for writ.

21-30-3. Affidavit and application for writ.The writ of prohibition may be issued upon affidavit on application of the person beneficially interested. Source: CCivP 1877, §709; CL 1887, §5531; RCCivP 1903, §778; RC 1919, §3020; Supreme Court Rule 608, 1939; SDC 1939 & Supp 1960, §37.4403.
SD Codified L § 21-30-4 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 30 - Writ Of Prohibition|Section 21-30-4 - Alternative and peremptory writs--Terms of writ.

21-30-4. Alternative and peremptory writs--Terms of writ.The writ of prohibition must be alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed, and command such party to desist or refrain from further proceedings in the action or matter specified therein, until further order of the court from which it is issued, and to show cause before such court, at a specified time and place, why such party should not be absolutely restrained from any further proceedings in such action or matter. The peremptory writ must be in a similar form, except that the words requiring the party to show cause why he should not be absolutely restrained must be omitted and a return day inserted. Source: CCivP 1877, §710; CL 1887, §5532; RCCivP 1903, §779; RC 1919, §3021; Supreme Court Rule 609, 1939; SDC 1939 & Supp 1960, §37.4404.
SD Codified L § 21-30-5 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 30 - Writ Of Prohibition|Section 21-30-5 - Proceedings as for mandamus.

21-30-5. Proceedings as for mandamus.The provisions for proceedings in mandamus apply to this proceeding, except where inconsistent therewith. Source: CCivP 1877, §711; CL 1887, §5533; RCCivP 1903, §780; RC 1919, §3022; Supreme Court Rule 610, 1939; SDC 1939 & Supp 1960, §37.4405.
SD Codified L § 21-31-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 31 - Certiorari|Section 21-31-1 - Power to grant writ--Purposes for which used.

21-31-1. Power to grant writ--Purposes for which used.A writ of certiorari may be granted by the Supreme and circuit courts, when inferior courts, officers, boards, or tribunals have exceeded their jurisdiction, and there is no writ of error or appeal nor, in the judgment of the court, any other plain, speedy, and adequate remedy. Source: CCivP 1877, §685; CL 1887, §5507; RCCivP 1903, §754; RC 1919, §2996; SDC 1939 & Supp 1960, §37.0401.
SD Codified L § 21-31-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 31 - Certiorari|Section 21-31-2 - Application for writ on affidavit--Notice to adverse party--Order to show cause.

21-31-2. Application for writ on affidavit--Notice to adverse party--Order to show cause.The application for a writ of certiorari must be made on affidavit by the party beneficially interested, and the court may require a notice of the application to be given to the adverse party, or may grant an order to show cause why it should not be allowed, or may grant the writ without notice. Source: CCivP 1877, §686; CL 1887, §5508; RCCivP 1903, §755; RC 1919, §2997; Supreme Court Rule 556, 1939; SDC 1939 & Supp 1960, §37.0402.
SD Codified L § 21-31-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 31 - Certiorari|Section 21-31-3 - Agency or person to whom writ directed.

21-31-3. Agency or person to whom writ directed.The writ of certiorari may be directed to the inferior court, tribunal, board, or officer, or to any other person having the custody of the records or proceedings to be certified. Source: CCivP 1877, §687; CL 1887, §5509; RCCivP 1903, §756; RC 1919, §2998; Supreme Court Rule 557, 1939; SDC 1939 & Supp 1960, §37.0403.
SD Codified L § 21-31-4 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 31 - Certiorari|Section 21-31-4 - Direction to certify record--Stay of proceedings.

21-31-4. Direction to certify record--Stay of proceedings.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.
SD Codified L § 21-31-5 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 31 - Certiorari|Section 21-31-5 - Omission of stay of proceedings discretionary with court.

21-31-5. Omission of stay of proceedings discretionary with court.If a stay of proceedings be not intended, the words requiring the stay must be omitted from the writ of certiorari; these words may be inserted or omitted, in the sound discretion of the court, but if omitted, the power of the inferior court or officer is not suspended or the proceedings stayed. Source: CCivP 1877, §689; CL 1887, §5511; RCCivP 1903, §758; RC 1919, §3000; Supreme Court Rule 559, 1939; SDC 1939 & Supp 1960, §37.0405.
SD Codified L § 21-31-6 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 31 - Certiorari|Section 21-31-6 - Service of writ.

21-31-6. Service of writ.The writ of certiorari must be served in the same manner as a summons in a civil action, except when otherwise expressly directed by the court. Source: CCivP 1877, §690; CL 1887, §5512; RCCivP 1903, §759; RC 1919, §3001; Supreme Court Rule 560, 1939; SDC 1939 & Supp 1960, §37.0406.
SD Codified L § 21-31-7 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 31 - Certiorari|Section 21-31-7 - Further return if return of writ defective--Hearing and judgment by court.

21-31-7. Further return if return of writ defective--Hearing and judgment by court.If the return of the writ of certiorari be defective the court may order a further return to be made. When a full return has been made the court must hear the parties, or such of them as may attend for that purpose, and may thereupon, give judgment either affirming or annulling or modifying the proceedings below. Source: CCivP 1877, §692; CL 1887, §5514; RCCivP 1903, §761; RC 1919, §3003; SDC 1939 & Supp 1960, §37.0408.
SD Codified L § 21-31-8 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 31 - Certiorari|Section 21-31-8 - Scope of review on writ.

21-31-8. Scope of review on writ.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.
SD Codified L § 21-31-9 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 31 - Certiorari|Section 21-31-9 - Judgment roll.

21-31-9. Judgment roll.A copy of the judgment, signed by the clerk, entered upon or attached to the writ and return, constitute the judgment roll. Source: CCivP 1877, §694; CL 1887, §5516; RCCivP 1903, §763; RC 1919, §3005; SDC 1939 & Supp 1960, §37.0410.
SD Codified L § 21-31-10 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 31 - Certiorari|Section 21-31-10 - Transmittal of judgment to inferior court or agency.

21-31-10. Transmittal of judgment to inferior court or agency.A copy of the judgment, signed by the clerk, must be transmitted to the inferior court, tribunal, board, or officer, having the custody of the record or proceeding certified up. Source: CCivP 1877, §693; CL 1887, §5515; RCCivP 1903, §762; RC 1919, §3004; SDC 1939 & Supp 1960, §37.0409.
SD Codified L § 21-32-1 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 32 - Remedies Against The State|Section 21-32-1 - Office of Commissioner of Claims created--Appointment of circuit judge to act.

21-32-1. Office of Commissioner of Claims created--Appointment of circuit judge to act.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.
SD Codified L § 21-32-2 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 32 - Remedies Against The State|Section 21-32-2 - Limitation of actions on claims against the state.

21-32-2. Limitation of actions on claims against the state.Action on any claim on contract or tort against the state shall be commenced within one year after same has arisen. Source: SL 1947, ch 156, §7; SDC Supp 1960, §33.4307.
SD Codified L § 21-32-3 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 32 - Remedies Against The State|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.

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.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.
SD Codified L § 21-32-4 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 32 - Remedies Against The State|Section 21-32-4 - Service of petition on attorney general--Answer and defense by attorney general.

21-32-4. Service of petition on attorney general--Answer and defense by attorney general.Within five days after the filing of said petition with the clerk of courts the petitioner shall cause to be served upon the attorney general of the state, in the manner required for service of a summons in civil actions, a certified copy of such petition. Within thirty days after the service of such petition the attorney general may file with the clerk of courts his answer thereto; provided, the failure of the attorney general to file an answer shall not preclude him from participating in any hearing herein provided for and urging any defense or objection thereto he may deem proper. Source: SL 1947, ch 156, §3; SDC Supp 1960, §33.4303.
SD Codified L § 21-32-5 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 32 - Remedies Against The State|Section 21-32-5 - Time and place fixed for hearing claim--Notice to attorney general.

21-32-5. Time and place fixed for hearing claim--Notice to attorney general.At any time after thirty days after the service of such petition upon the attorney general and upon ten days' notice by either party the commissioner shall fix a time and place for hearing said claim, due notice of which shall at least ten days prior to the day fixed for hearing be given in writing to the attorney general. Source: SL 1947, ch 156, §4; SDC Supp 1960, §33.4304.
SD Codified L § 21-32-6 (2021)
2021 South Dakota Codified Laws|Title 21 - Judicial Remedies|Chapter 32 - Remedies Against The State|Section 21-32-6 - Evidence received at hearing on claim--Adjournment of hearing.

21-32-6. Evidence received at hearing on claim--Adjournment of hearing.At such hearing the commissioner shall hear and consider evidence in support or in opposition to such claim. The testimony presented at such hearing shall be under oath and such hearing may be adjourned from time to time as the commissioner may deem necessary to afford the persons interested a full opportunity to present all of the necessary, relevant, and pertinent facts in connection with the merits of such claim in conformity with the rules of evidence in civil proceedings. Source: SL 1947, ch 156, §5; SDC Supp 1960, §33.4305.