reglab/housing_qa huggingface dataset:
SD Codified L § 15-6-45(C) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-45(C) - Service of subpoena.

15-6-45(c). Service of subpoena.The subpoena may be served by any officer or person qualified to make service of a summons. The subpoena shall be served in the same manner as a summons is served, excepting that no service by publication is authorized. The subpoena must be served sufficiently in advance of the date upon which the appearance of the witness is required to enable such witness to reach such place by any ordinary or usual method of transportation which he may elect.At the time of service of a subpoena, there shall be tendered to or on behalf of the person therein named the fees for one day's attendance and the mileage allowed by law. The fact of such payment, or the signed waiver thereof by the person named in the subpoena, shall be stated in the return. If such fees and mileage be not paid or waived, the witness shall not be obliged to obey the subpoena.At the commencement of each day after the first day, a witness under subpoena may demand his fees for that day's attendance, and if the same is not paid, he shall not be required to remain.When the subpoena is issued on behalf of the State of South Dakota or its political subdivisions or an officer or agency thereof, fees and mileage need not be tendered. Source: SDC 1939, §§36.0301, 36.0401; SL 1955, ch 134; SD RCP, Rule 45 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 76-3, §13.
SD Codified L § 15-6-45(D) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-45(D) - Subpoena for taking depositions--Place of examination.

15-6-45(d). Subpoena for taking depositions--Place of examination.(1) Proof of service of a notice to take a deposition as provided in §§15-6-30(b) and 15-6-31(a) constitutes a sufficient authorization for the issuance by any person specified in §15-6-45(a) or by the clerk of courts of the county in which the deposition is to be taken of subpoenas for the persons named or described therein. The subpoena may command the person to whom it is directed to produce and permit inspection and copying of designated books, papers, documents, or tangible things which constitute or contain evidence relating to any of the matters within the scope of the examination permitted by §15-6-26(b), but in that event the subpoena will be subject to the provisions of §§15-6-26(c) and 15-6-45(b).The person to whom the subpoena is directed may, within ten days after the service thereof or on or before the time specified in the subpoena for compliance if such time is less than ten days after service, serve upon the attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials except pursuant to an order of the court from which the subpoena was issued. The party serving the subpoena may, if objection has been made, move upon notice to the deponent for an order at any time before or during the taking of the deposition.(2) A resident of this state may be required to attend an examination only in the county wherein he resides or is employed or transacts his business in person, or at such other convenient place as is fixed by an order of the court. A nonresident of this state may be required to attend only in the county wherein he is served the subpoena, or at such other convenient place as is fixed by an order of the court. Source: SDC 1939 & Supp 1960, §§36.0303, 36.0402; SD RCP, Rule 45 (d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 76-3, §14.
SD Codified L § 15-6-45(F) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-45(F) - Failure to obey subpoena as contempt.

15-6-45(f). Failure to obey subpoena as contempt.Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the court wherein the action is pending or of a court from which the subpoena may have been issued. Source: SD RCP, Rule 45 (f), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-45(G) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-45(G) - Nonresident of state served with subpoena in state.

15-6-45(g). Nonresident of state served with subpoena in state.A nonresident of this state who is served with subpoena in this state shall be required to obey the same; provided, that the mileage required to be paid such witness as provided in §15-6-45(c) shall be computed from the place of service of the subpoena to the place of attendance. Source: SDC 1939 & Supp 1960, §36.0403; SD RCP, Rule 45 (g), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 76-3, §15.
SD Codified L § 15-6-46 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-46 - Exceptions unnecessary.

15-6-46. Exceptions unnecessary.Formal exceptions to rulings or orders of the court are unnecessary; but for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which he desires the court to take or his objection to the action of the court and his grounds therefor; and, if a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection does not thereafter prejudice him. Source: SDC 1939 & Supp 1960, §33.1601; SD RCP, Rule 46, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1978, ch 178, §565.
SD Codified L § 15-6-47 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-47 - 15-6-47.Jurors

  15-6-47.   Jurors
SD Codified L § 15-6-47(A) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-47(A) - Examination of jurors.

15-6-47(a). Examination of jurors.The court shall permit the parties or their attorneys to conduct the examination of prospective jurors. Source: SD RCP, Rule 47 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-47(B) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-47(B) - Alternate jurors.

15-6-47(b). Alternate jurors.The court may direct that not more than six jurors in addition to the regular jury be called and impaneled to sit as alternate jurors. Alternate jurors in the order in which they are called shall replace jurors who, prior to the time the jury retires to consider its verdict, become or are found to be unable or disqualified to perform their duties. Alternate jurors shall be drawn in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath, and shall have the same functions, powers, facilities, and privileges as the regular jurors. An alternate juror who does not replace a regular juror shall be discharged after the jury retires to consider its verdict. Each side is entitled to one peremptory challenge in addition to those otherwise allowed by law if one or two alternate jurors are to be impaneled, two peremptory challenges if three or four alternate jurors are to be impaneled, and three peremptory challenges if five or six alternate jurors are to be impaneled. The additional peremptory challenges may be used against an alternate juror only and the other peremptory challenges allowed by law shall not be used against an alternate juror. The court may for good cause excuse a juror from service during trial or deliberation. Source: SDC 1939 & Supp 1960, §33.1327; SD RCP, Rule 47 (b), 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; SL 2006, ch 316 (Supreme Court Rule 06-42), eff. July 1, 2006.
SD Codified L § 15-6-48 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-48 - Juries of less than twelve--Majority verdict.

15-6-48. Juries of less than twelve--Majority verdict.The parties may stipulate that the jury shall consist of any number less than twelve or that a verdict or a finding of a stated majority of the jurors shall be taken as the verdict or finding of the jury. Source: SD RCP, Rule 48, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-49 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-49 - 15-6-49.Special verdicts and interrogatories

  15-6-49.   Special verdicts and interrogatories
SD Codified L § 15-6-49(A) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-49(A) - Special verdicts.

15-6-49(a). Special verdicts.The court may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact. In that event the court may submit to the jury written questions susceptible of categorical or other brief answer or may submit written forms of the several special findings which might properly be made under the pleadings and evidence; or it may use such other method of submitting the issues and requiring the written findings thereon as it deems most appropriate. The court shall give to the jury such explanation and instruction concerning the matter thus submitted as may be necessary to enable the jury to make its findings upon each issue. If in so doing the court omits any issue of fact raised by the pleadings or by the evidence, each party waives his right to a trial by jury of the issue so omitted unless before the jury retires the party demands its submission to the jury. As to an issue omitted without such demand the court may make a finding; or, if it fails to do so, it shall be deemed to have made a finding in accord with the judgment on the special verdict. Source: SD RCP, Rule 49 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 2006, ch 317 (Supreme Court Rule 06-43), eff. July 1, 2006.
SD Codified L § 15-6-49(B) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-49(B) - General verdict accompanied by answer to interrogatories.

15-6-49(b). General verdict accompanied by answer to interrogatories.The court may submit to the jury, together with appropriate forms for a general verdict, written interrogatories upon one or more issues of fact the decision of which is necessary to a verdict. The court shall give such explanation or instruction as may be necessary to enable the jury both to make answers to the interrogatories and to render a general verdict, and the court shall direct the jury both to make written answers and to render a general verdict. When the general verdict and the answers are harmonious, the appropriate judgment upon the verdict and answers shall be entered pursuant to §15-6-58. When the answers are consistent with each other but one or more is inconsistent with the general verdict, judgment may be entered pursuant to §15-6-58 in accordance with the answers, notwithstanding the general verdict, or the court may return the jury for further consideration of its answers and verdict or may order a new trial. When the answers are inconsistent with each other and one or more is likewise inconsistent with the general verdict, judgment shall not be entered, but the court shall return the jury for further consideration of its answers and verdict or shall order a new trial. Source: SD RCP, Rule 49 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-50 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-50 - 15-6-50.Motion for a directed verdict and for judgment notwithstanding the verdict

  15-6-50.   Motion for a directed verdict and for judgment notwithstanding the verdict
SD Codified L § 15-6-50(A) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-50(A) - Judgment as a matter of law.

15-6-50(a). Judgment as a matter of law.(1)If during a trial by jury a party has been fully heard on an issue and there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on that issue, the court may determine the issue against that party and may grant a motion for judgment as a matter of law against that party with respect to a claim or defense that cannot under the controlling law be maintained or defeated without a favorable finding on that issue.(2)Motions for judgment as a matter of law may be made at any time before submission of the case to the jury. Such a motion shall specify the judgment sought and the law and the facts on which the moving party is entitled to the judgment. Source: SDC 1939 & Supp 1960, §§33.1314 to 33.1316; SD RCP, Rule 50 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 2006, ch 318 (Supreme Court Rule 06-44), eff. July 1, 2006.
SD Codified L § 15-6-50(B) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-50(B) - Renewing motion for judgment after trial--Alternative motion for new trial.

15-6-50(b). Renewing motion for judgment after trial--Alternative motion for new trial.If, for any reason, the court does not grant a motion for judgment as a matter of law made at the close of all the evidence, the court is considered to have submitted the action to the jury subject to the court's later deciding the legal questions raised by the motion. The movant may renew its request for judgment as a matter of law by filing a motion no later than ten days after notice of entry of judgment--and may alternatively request a new trial or join a motion for a new trial under §15-6-59. In ruling on a renewed motion, the court may:(1)If a verdict was returned:(A)Allow the judgment to stand;(B)Order a new trial; or (C)Direct entry of judgment as a matter of law; or (2)If no verdict was returned:(A)Order a new trial; or(B)Direct entry of judgment as a matter of law. Source: SDC 1939, §33.1705; Supreme Court Order No. 3, 1952; SDC Supp 1960, §33.1328; SD RCP, Rule 50 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 79-4; Supreme Court Rule 82-30; SL 2006, ch 319 (Supreme Court Rule 06-45), eff. July 1, 2006; SL 2008, ch 287 (Supreme Court Rule 08-01), eff. July 1, 2008.
SD Codified L § 15-6-50(C) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-50(C) - Granting renewed motion for judgment as a matter law--Conditional rulings--New trial motion.

15-6-50(c). Granting renewed motion for judgment as a matter law--Conditional rulings--New trial motion.(1)If the renewed motion for judgment as a matter of law, provided for in §15-6-50(b), is granted, the court shall also rule on the motion for a new trial, if any, by determining whether it should be granted if the judgment is thereafter vacated or reversed, and shall specify the grounds for granting or denying the motion for the new trial. If the motion for a new trial is thus conditionally granted, the order thereon does not affect the finality of the judgment. In case the motion for a new trial has been conditionally granted and the judgment is reversed on appeal, the new trial shall proceed unless the Supreme Court has otherwise ordered. In case the motion for a new trial has been conditionally denied, the respondent on appeal may assert error in that denial; and if the judgment is reversed on appeal, subsequent proceedings shall be in accordance with the order of the Supreme Court.(2)Any motion for a new trial under §15-6-59 by a party against whom judgment as a matter of law is rendered shall be filed no later than 10 days after entry of the judgment. Source: SD RCP, Rule 50 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 2006, ch 320 (Supreme Court Rule 06-46), eff. July 1, 2006.
SD Codified L § 15-6-50(D) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-50(D) - Denial of motion for judgment as a matter of law.

15-6-50(d). Denial of motion for judgment as a matter of law.If the motion for judgment as a matter of law is denied, the party who prevailed on that motion may, as respondent, assert grounds entitling the party to a new trial in the event the Supreme Court concludes that the trial court erred in denying the motion for judgment. If the Supreme Court reverses the judgment, nothing in §15-6-50 precludes it from determining that the respondent is entitled to a new trial, or from directing the trial court to determine whether a new trial shall be granted. Source: SD RCP, Rule 50 (d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 2006, ch 321 (Supreme Court Rule 06-47), eff. July 1, 2006.
SD Codified L § 15-6-51 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-51 - 15-6-51.Instructions to jury--objection

  15-6-51.   Instructions to jury--objection
SD Codified L § 15-6-51(A) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-51(A) - Instructions to jury--Requests.

15-6-51(a). Instructions to jury--Requests.(1)A party may, at the close of the evidence or at an earlier reasonable time that the court directs, file and furnish to every other party written requests that the court instruct the jury on the law as set forth in the requests.(2)After the close of the evidence, a party may:(A)File requests for instructions on issues that could not reasonably have been anticipated at an earlier time for requests set under subdivision 15-6-51(a)(1); and(B)With the court's permission file untimely requests for instructions on any issue. Source: SDC 1939 & Supp 1960, §§33.1317, 33.1325; SD RCP, Rule 51 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1993, ch 388 ( Supreme Court Rule 93-5); SL 1999, ch 268; SL 2006, ch 322 (Supreme Court Rule 06-48), eff. July 1, 2006.
SD Codified L § 15-6-51(B) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-51(B) - Instructions.

15-6-51(b). Instructions.The court:(1)Must inform the parties of its proposed instructions and proposed action on the requests before instructing the jury and before final jury arguments;(2)Must give the parties an opportunity to object on the record and out of the jury's hearing to the proposed instructions and actions on requests before the instructions and arguments are delivered; and(3)May instruct the jury at any time after trial begins and before the jury is discharged. Source: SDC 1939 & Supp 1960, §33.1318; SD RCP, Rule 51 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1978, ch 178, §566; Supreme Court Rule 98-27; SL 2006, ch 323 (Supreme Court Rule 06-49), eff. July 1, 2006.
SD Codified L § 15-6-51(C) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-51(C) - Objections.

15-6-51(c). Objections.(1)A party who objects to an instruction or the failure to give an instruction must do so on the record, stating distinctly the matter objected to and the grounds of the objection.(2)An objection is timely if:(A)A party that has been informed of an instruction or action on a request before the jury is instructed and before final jury arguments, as provided by subdivision 15-6-51(b)(1), objects at the opportunity for objection required by subdivision 15-6-51(b)(2); or(B)A party that has not been informed of an instruction or action on a request before the time for objection provided under subdivision 15-6-51(b)(2) objects promptly after learning that the instruction or request will be, or has been, given or refused. Source: SDC 1939 & Supp 1960, §33.1319; SD RCP, Rule 51 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1978, ch 178, §567; Supreme Court Rule 98-28; SL 2006, ch 324 (Supreme Court Rule 06-50), eff. July 1, 2006.
SD Codified L § 15-6-51(D) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-51(D) - Assigning error--Plain error.

15-6-51(d). Assigning error--Plain error.(1)A party may assign as error:(A)An error in an instruction actually given if that party made a proper objection under §15-6-51(c); or(B)A failure to give an instruction if that party made a proper request under §15-6-51(a), and--unless the court made a definitive ruling on the record rejecting the request--also made a proper objection under §15-6-51(c).(2)A court may consider a plain error in the instructions affecting substantial rights that has not been preserved as required by subdivision 15-6-51(d)(1)(A) or (1)(B). Source: SL 2006, ch 325 (Supreme Court Rule 06-51), eff. July 1, 2006.
SD Codified L § 15-6-52 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-52 - 15-6-52.Findings by the court

  15-6-52.   Findings by the court
SD Codified L § 15-6-52(B) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-52(B) - Waiver of findings and conclusions of law.

15-6-52(b). Waiver of findings and conclusions of law.Findings of fact and conclusions of law are waived by failing to appear at the trial, by consent in writing filed with the clerk, by oral consent in open court, or by entering into a stipulation of facts for consideration by the court. Source: SDC 1939 & Supp 1960, §§33.1304, 33.1404; SD RCP, Rule 52 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-53 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-53 - 15-6-53.Referees

  15-6-53.   Referees