reglab/housing_qa huggingface dataset:
SD Codified L § 15-9-15 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 09 - Commencement Of Actions And Service Of Process|Section 15-9-15 - Service by publication on unknown parties.

15-9-15. Service by publication on unknown parties.When it is made to appear by affidavit, made by or on behalf of the plaintiff, that there is reason to believe that there may be unknown persons, whether personal representatives, devisees, legatees, heirs, or creditors, of any person having an interest in the subject matter of the suit, or any other unknown person having claim of any character which might be adversely affected by the judgment to be rendered in the suit, the court may grant an order for the service of the summons upon such unknown persons by publication. Source: Supreme Court Rule adopted May 22, 1943; SDC Supp 1960, §33.0812 (8).
SD Codified L § 15-9-16 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 09 - Commencement Of Actions And Service Of Process|Section 15-9-16 - Search within state not required for service of publication on nonresident.

15-9-16. Search within state not required for service of publication on nonresident.If it be made to appear by affidavit to the satisfaction of the court, and the court shall find, that the place of residence of the person to be served is at a certain specified place without this state, and his post office address, whether within or without this state, be likewise shown and established, it shall not be necessary to show nor for the court to find, that such persons cannot after due diligence be found and served personally within this state. Source: SDC 1939, §33.0813 as added by SL 1947, ch 154.
SD Codified L § 15-9-17 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 09 - Commencement Of Actions And Service Of Process|Section 15-9-17 - Newspaper in which service by publication made--Number of publications.

15-9-17. Newspaper in which service by publication made--Number of publications.In all actions affecting real property the order for service by publication of summons must direct the publication to be made in a newspaper printed in the county where the premises or some part thereof are situated, if a paper be published therein, and if none, then in the paper published in this state nearest to the county seat of such county. Except in actions affecting real property, the order must direct the publication to be made in some newspaper in the county where the action is pending to be designated as most likely to give notice to the person to be served and for such length of time as may be deemed reasonable, not less than once a week for four successive weeks. Source: SDC 1939, §33.0813; SL 1947, ch 154.
SD Codified L § 15-9-18 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 09 - Commencement Of Actions And Service Of Process|Section 15-9-18 - Filing of complaint stated in publication of summons--Publication of complaint not required.

15-9-18. Filing of complaint stated in publication of summons--Publication of complaint not required.In all cases where the summons is served by publication, the complaint must be filed and the summons as published must state the date and place of such filing. The complaint need not be published. Source: SDC 1939, §33.0813; SL 1947, ch 154.
SD Codified L § 15-9-19 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 09 - Commencement Of Actions And Service Of Process|Section 15-9-19 - Mailing of summons and complaint to defendant served by publication.

15-9-19. Mailing of summons and complaint to defendant served by publication.The court or judge must also direct a copy of the summons and complaint to be forthwith sent by first class mail, directed to the person to be served at his post office address unless it appears that the place of residence and post office address of such person is neither known to the party making the application nor can with reasonable diligence be ascertained by him; and also directed to any corporation to be served at its present or last known office or place of business. Source: SDC 1939, §33.0813; SL 1947, ch 154.
SD Codified L § 15-9-20 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 09 - Commencement Of Actions And Service Of Process|Section 15-9-20 - Personal service without state in lieu of service by publication--Admission of service.

15-9-20. Personal service without state in lieu of service by publication--Admission of service.In any of the cases where service of summons, writ, order, or decree by publication is authorized in lieu thereof the same may and without any order of the court at the option of the party making service, be personally served upon any defendant in person without the state, or any such defendant may admit such service, and as to a defendant so served, no publication or other proceedings relating thereto shall be necessary. Source: SDC 1939 & Supp 1960, §33.0814.
SD Codified L § 15-9-21 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 09 - Commencement Of Actions And Service Of Process|Section 15-9-21 - Time of completion of service by publication or personal service in lieu of publication--Commencement of time for filing answer.

15-9-21. Time of completion of service by publication or personal service in lieu of publication--Commencement of time for filing answer.The service of summons, writ, order, or decree by publication shall be deemed complete upon the last publication thereof ordered by the court. The time in which answer shall be required by the writ, order, or decree become effective, shall commence to run the day next following such last publication. In case personal service shall be made upon any defendant as to whom the publication has been ordered, service shall be complete on the date of making such personal service. Source: SDC 1939, §33.0813; SL 1947, ch 154.
SD Codified L § 15-9-22 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 09 - Commencement Of Actions And Service Of Process|Section 15-9-22 - Time allowed for defense after service by publication--Time after judgment--Restitution on successful defense.

15-9-22. Time allowed for defense after service by publication--Time after judgment--Restitution on successful defense.The defendant against whom publication is ordered or his representatives on application and sufficient cause shown at any time before judgment must be allowed to defend the action; and, except in an action for divorce, the defendant against whom publication is ordered or his representatives may, in like manner, upon good cause shown be allowed to defend after judgment or at any time within one year after notice thereof and within seven years after its rendition on such terms as may be just; and if the defense be successful and the judgment or any part thereof has been collected or otherwise enforced, such restitution may thereupon be compelled as the court directs; but the title to property sold under such judgment to a purchaser in good faith shall not be thereby affected. Source: SDC 1939 & Supp 1960, §33.0815.
SD Codified L § 15-9-23 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 09 - Commencement Of Actions And Service Of Process|Section 15-9-23 - Action by assignee subject to setoff or defense--Negotiable instruments excepted.

15-9-23. Action by assignee subject to setoff or defense--Negotiable instruments excepted.In case of an assignment of a thing in action, the action by the assignee shall be without prejudice to any setoff or other defense existing at the time of, or before notice of the assignment; but this section shall not apply to a negotiable promissory note or bill of exchange, transferred in good faith and upon good consideration before due. Source: SDC 1939 & Supp 1960, §33.0404.
SD Codified L § 15-10-1 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 10 - Lis Pendens Notice|Section 15-10-1 - Notice of action affecting real property filed with register of deeds--Contents of notice--Foreclosure actions governed by specific statutes.

15-10-1. Notice of action affecting real property filed with register of deeds--Contents of notice--Foreclosure actions governed by specific statutes.In an action affecting the title to real property, the plaintiff, at the time of filing the complaint or at any time afterwards, or the defendant, when he sets up an affirmative cause of action in his answer and demands substantive relief, at the time of filing his answer or at any time afterwards, if the same be intended to affect real property, may file for record with the register of deeds of each county in which the real property is situated a notice of the pendency of the action, containing the names of the parties, the object of the action, and the description of the real property in that county affected thereby; but if the action be for the foreclosure of a mortgage, or the enforcement of a mechanic's or miner's lien, no such notice need be filed, except as may be specifically provided by the statutes relating thereto. Source: SDC 1939 & Supp 1960, §33.0805.
SD Codified L § 15-10-2 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 10 - Lis Pendens Notice|Section 15-10-2 - Action pending from time of notice--Time allowed for service of summons.

15-10-2. Action pending from time of notice--Time allowed for service of summons.For the purpose of this chapter an action shall be deemed to be pending from the time of filing the notice referred to in §15-10-1; provided that such notice shall be of no avail unless it shall be followed by the first publication of the summons, or by the personal service thereof, on a defendant within sixty days after such filing. Source: SDC 1939 & Supp 1960, §33.0805.
SD Codified L § 15-10-3 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 10 - Lis Pendens Notice|Section 15-10-3 - Constructive notice from filing of notice--Subsequent purchasers and encumbrancers bound.

15-10-3. Constructive notice from filing of notice--Subsequent purchasers and encumbrancers bound.From the time of filing only shall the pendency of the action be constructive notice to a purchaser or encumbrancer of the property affected thereby. Every person whose conveyance or encumbrance is subsequently executed or subsequently recorded shall be deemed a subsequent purchaser or encumbrancer and shall be bound by all proceedings taken after the filing of such notice, to the same extent as if he were a party to the action. Source: SDC 1939 & Supp 1960, §33.0805.
SD Codified L § 15-10-4 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 10 - Lis Pendens Notice|Section 15-10-4 - Discharge of notice of pendency of action--Contents, acknowledgment and recording.

15-10-4. Discharge of notice of pendency of action--Contents, acknowledgment and recording.Whenever notice of the pendency of any action has been filed or recorded in the office of the register of deeds in any county, the party plaintiff or defendant filing the same or at whose instance the same was filed, or his attorney or attorneys, in whose name or names the notice is subscribed, may discharge the same of record by filing with the register of deeds in whose office the notice is filed, a certificate of the discharge of said notice, executed and acknowledged by the same persons as above provided for certificates of discharge thereof. Such certificates of discharge, when filed with the register of deeds shall be acknowledged in the same form as is provided by law for the acknowledgment of conveyances of real estate and may be recorded in like manner. Source: SDC 1939 & Supp 1960, §33.0805.
SD Codified L § 15-10-6 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 10 - Lis Pendens Notice|Section 15-10-6 - Expungement of notice of pendency upon motion therefor--Showing necessary to defeat motion.

15-10-6. Expungement of notice of pendency upon motion therefor--Showing necessary to defeat motion.Any time after the notice of pendency of an action has been filed for record pursuant to §15-10-1 or other law, the court in which the action is pending shall, upon motion of a party to the action supported by affidavit, order that the notice be expunged unless the party who filed the notice of pendency of the action shows by a preponderance of the evidence, that:(1)The action does affect the title to the real property described in the notice; and(2)The party recording the notice has commenced or prosecuted the action for a proper purpose and in good faith. Source: SL 1980, ch 162, §2.
SD Codified L § 15-10-7 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 10 - Lis Pendens Notice|Section 15-10-7 - Expungement of notice of pendency upon motion therefor--Undertaking.

15-10-7. Expungement of notice of pendency upon motion therefor--Undertaking.Any time after the notice of pendency of an action has been filed for record pursuant to §15-10-1 or other law, the court in which the action is pending may, upon motion of a party to the action supported by affidavit, order that the notice be expunged if the moving party gives an undertaking, in such amount and within such time as is fixed by the court after notice and hearing. The undertaking shall require the moving party to indemnify the party who recorded the notice for all damages which he may incur:(1)If the notice is expunged and the moving party does not prevail; and(2)If the court finds that adequate relief can be secured to the party recording the notice by the giving of the undertaking. Source: SL 1980, ch 162, §3.
SD Codified L § 15-10-8 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 10 - Lis Pendens Notice|Section 15-10-8 - Expungement of notice of pendency--Notice of motion--Proof considered.

15-10-8. Expungement of notice of pendency--Notice of motion--Proof considered.A notice of motion to expunge shall be served not less than ten days prior to the hearing. The court shall determine the matter on the affidavits and counter-affidavits on file and upon such other proof as it may permit. Source: SL 1980, ch 162, §4.
SD Codified L § 15-10-9 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 10 - Lis Pendens Notice|Section 15-10-9 - Expungement of notice of pendency--Effect.

15-10-9. Expungement of notice of pendency--Effect.When a certified copy of an order expunging a notice of pendency of an action is filed for record in the office of the register of deeds in which the notice of the pendency was recorded, neither the notice of the pendency of the action nor any information derived therefrom, prior to the recording of the order, constitutes constructive or actual notice of any of the matters contained therein, or of any of the matters relating to such action, or creates any duty of inquiry in any person dealing with the property described therein. Source: SL 1980, ch 162, §5.
SD Codified L § 15-10-10 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 10 - Lis Pendens Notice|Section 15-10-10 - Expungement of notice of pendency--Costs on grant or denial of motion.

15-10-10. Expungement of notice of pendency--Costs on grant or denial of motion.An order made pursuant to §15-10-6 or 15-10-7 granting or denying a motion to expunge a notice of pendency of action, may direct that the prevailing party be awarded reasonable attorneys' fees and costs. Source: SL 1980, ch 162, §6.
SD Codified L § 15-10-11 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 10 - Lis Pendens Notice|Section 15-10-11 - Expungement provisions, liability unaffected by.

15-10-11. Expungement provisions, liability unaffected by.Nothing in §§15-10-6 to 15-10-10, inclusive, affects or limits the liability of a person recording a notice of pendency of action for damages proximately caused thereby. Source: SL 1980, ch 162, §7.
SD Codified L § 15-11-1 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 11 - Circuit Court Calendar And Continuances|Section 15-11-1 - Trial calendar.

15-11-1. Trial calendar.The clerk of courts shall keep a trial calendar under the direction of the presiding judge of the circuit. Source: SDC 1939 & Supp 1960, §33.1112; Supreme Court Rule 80-13.
SD Codified L § 15-11-3 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 11 - Circuit Court Calendar And Continuances|Section 15-11-3 - Designation of days for trial of issues of law.

15-11-3. Designation of days for trial of issues of law.The court will from time to time designate days upon which issues of law will be tried. Source: SDC 1939 & Supp 1960, §33.1112; Supreme Court Rule 80-15.
SD Codified L § 15-11-4 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 11 - Circuit Court Calendar And Continuances|Section 15-11-4 - Postponement of trial or hearing.

15-11-4. Postponement of trial or hearing.When an action or proceeding is called for trial or hearing, or at any time previous thereto, the court or judge may, upon good cause shown, direct the trial or hearing to be postponed to another day of the same or next term, or to such time as shall be just in view of all the circumstances. Source: SDC 1939 & Supp 1960, §33.1114.
SD Codified L § 15-11-5 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 11 - Circuit Court Calendar And Continuances|Section 15-11-5 - Postponement during legislative session when legislator is party or attorney--Notice of intention to apply.

15-11-5. Postponement during legislative session when legislator is party or attorney--Notice of intention to apply.Whenever any action or proceeding, including a contested small claims action other than for attachment, garnishment, arrest and bail, claim and delivery, injunction, receivership, and deposit in court, to which any member of the Legislature is a party or in which any member of the Legislature is the attorney in charge for either party, comes on for trial or hearing during a session of the Legislature, the attendance of the party or attorney upon the session is cause for the postponement of the trial or hearing until after the conclusion of the session, provided the party or attorney serves notice, on the opposite party, of his intention to apply for the postponement at least fifteen days before the term or time at which the action or proceeding may be brought on for trial or hearing or as soon as notice of hearing is received if less than fifteen days prior to the date set for hearing. Source: SDC 1939 & Supp 1960, §33.1115; SL 1989, ch 176.
SD Codified L § 15-11-6 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 11 - Circuit Court Calendar And Continuances|Section 15-11-6 - Time for application for continuance--Written motion and affidavit required--Hearing.

15-11-6. Time for application for continuance--Written motion and affidavit required--Hearing.All applications for continuance must be made, by motion, not less than ten calendar days prior to the day set for commencement of the trial, unless the cause for continuance shall have arisen or come to the knowledge of the party subsequent to that time, in which case the motion shall be made as soon as practicable. All such motions shall be in writing and accompanied by affidavits in support of the motion, which affidavits shall set forth with particularity the grounds and cause for such motion as well as the efforts of the party or the party's attorney to avoid such delay. Upon receipt of such a motion, the court shall schedule a hearing, which may be by telephone conference, and shall decide the motion without delay in order to avoid trial delay awaiting such decision. The adverse party may be heard by affidavits or by argument presented, filed, and served at the time of the hearing. Source: SDC 1939 & Supp 1960, §33.1116; Supreme Court Rule 80-15; Supreme Court Rule 85-6.
SD Codified L § 15-11-7 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 11 - Circuit Court Calendar And Continuances|Section 15-11-7 - Affidavit to support continuance on absence of witness--Contents.

15-11-7. Affidavit to support continuance on absence of witness--Contents.An application for continuance on account of the absence of a witness must be supported by the affidavit of the party, his agent, or attorney, stating:(1)The name and residence of such witness, or if unknown, the efforts made to ascertain the same;(2)The testimony such witness would give if present, in narrative form or by questions and answers as in a deposition; that the affiant believes such testimony to be true and knows of no other person by whom the same facts may be proven, or if he knows of such other person, then the reasons why the testimony of such witness is necessary;(3)The reason why the deposition of the witness was not taken;(4)What efforts have been made to obtain the attendance of the witness or his testimony;(5)Facts showing ground for belief that the attendance or deposition of such witness may be procured at the next term of the court. Source: SDC 1939 & Supp 1960, §33.1117.
SD Codified L § 15-11-8 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 11 - Circuit Court Calendar And Continuances|Section 15-11-8 - Counteraffidavits on application for continuance.

15-11-8. Counteraffidavits on application for continuance.No counteraffidavits shall be allowed upon an application for a continuance, except those offered to show want of diligence or that the application is not made in good faith. Source: SDC 1939 & Supp 1960, §33.1117.
SD Codified L § 15-11-9 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 11 - Circuit Court Calendar And Continuances|Section 15-11-9 - Admission of testimony to avoid continuance--Reading of testimony.

15-11-9. Admission of testimony to avoid continuance--Reading of testimony.Unless, in the opinion of the court, justice shall require it, the trial will not be continued or postponed on account of the absence of a witness, if the adverse party will admit that the witness, if present, would testify as stated in the affidavit; but in such case the applicant may read the testimony of such witness as stated in his affidavit, subject to all proper objections which might be interposed if the witness were present. Source: SDC 1939 & Supp 1960, §33.1118.
SD Codified L § 15-11-10 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 11 - Circuit Court Calendar And Continuances|Section 15-11-10 - Terms imposed on continuance or postponement.

15-11-10. Terms imposed on continuance or postponement.Every continuance or postponement granted upon application shall be upon such terms as the court may impose. Source: SDC 1939 & Supp 1960, §33.1117.
SD Codified L § 15-11-10.1 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 11 - Circuit Court Calendar And Continuances|Section 15-11-10.1 - Continuance by stipulation of all parties.

15-11-10.1. Continuance by stipulation of all parties.After a certificate of readiness has been filed in a civil matter, all of the parties to the action may stipulate in writing for a continuance. After the stipulation has expired, the court shall notify the parties and set the matter for trial. Source: SL 1984, ch 145.
SD Codified L § 15-11-11 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 11 - Circuit Court Calendar And Continuances|Section 15-11-11 - Dismissal for want of prosecution.

15-11-11. Dismissal for want of prosecution.The court may dismiss any civil case for want of prosecution upon written notice to counsel of record where the record reflects that there has been no activity for one year, unless good cause is shown to the contrary. The term "record," for purposes of establishing good cause, shall include, but not by way of limitation, settlement negotiations between the parties or their counsel, formal or informal discovery proceedings, the exchange of any pleadings, and written evidence of agreements between the parties or counsel which justifiably result in delays in prosecution. Source: Supreme Court Rule 80-11; Supreme Court Rule 82-13; SL 1998, ch 311.