reglab/housing_qa huggingface dataset:
SD Codified L § 15-39-66 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 39 - Small Claims Procedure|Section 15-39-66 - Setoff or counterclaim stated by defendant--Notice to plaintiff and postponement of hearing--Answer by plaintiff--Request for jury trial or petition for removal on non-compulsory counterclaims--Provisions not compulsory.

15-39-66. Setoff or counterclaim stated by defendant--Notice to plaintiff and postponement of hearing--Answer by plaintiff--Request for jury trial or petition for removal on non-compulsory counterclaims--Provisions not compulsory.The defendant within the time for answer may, in the manner provided in §15-39-48, claim any setoff or counterclaim within the jurisdiction of the court in civil cases. Upon the making of such claim by the defendant, the clerk shall give a notice to the plaintiff, at the expense of the defendant, similar to that provided by §15-39-78, and shall postpone the hearing of the original claim until the time set for hearing the defendant's claim, and shall notify the parties accordingly. The defendant's claim shall be answered within the time and in the manner provided by §§15-39-64 and 15-39-65, and the penalties upon defendants provided by §15-39-64 shall apply to plaintiffs in respect to claims by a defendant. The original claim and the claim of setoff or counterclaim shall be deemed one case. The compulsory counterclaim rule does not apply in small claims court .Upon the filing of a setoff or counterclaim, plaintiff has the same right of removal as defendant has under §15-39-57. This request must be made at least five days before the date plaintiff is notified to appear or answer. Unless the action is removed, the plaintiff has no right to appeal a decision reached on any counterclaim or setoff. Source: SDC 1939 & Supp 1960, §33.4112; SDCL, §15-39-29; Supreme Court Rule 81-4; SL 1997, ch 323 (Supreme Court Rule 97-20); SL 2000, ch 261 (Supreme Court Rule 00-7).
SD Codified L § 15-39-67 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 39 - Small Claims Procedure|Section 15-39-67 - Amendment of claim or answer.

15-39-67. Amendment of claim or answer.The court may at any time allow any claim or answer to be amended. Source: SDC 1939 & Supp 1960, §33.4113; SDCL, §15-39-30; Supreme Court Rule 81-4.
SD Codified L § 15-39-68 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 39 - Small Claims Procedure|Section 15-39-68 - Disposition of claim on failure of plaintiff to appear for hearing.

15-39-68. Disposition of claim on failure of plaintiff to appear for hearing.If the plaintiff does not appear at any time set for hearing, the court may dismiss the claim for want of prosecution or enter a finding on the merits for the defendant or make such other disposition as may be proper. Source: SDC 1939 & Supp 1960, §33.4114; SDCL, §15-39-32; Supreme Court Rule 81-4.
SD Codified L § 15-39-69 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 39 - Small Claims Procedure|Section 15-39-69 - Venue.

15-39-69. Venue. The venue is limited to the county of the residence of the defendant, if the defendant is a natural person, or the county in which the cause of action arose. If the defendant is a corporation, limited liability company, or a partnership, the proceedings shall be commenced in any county in which the defendant has its place of business. No change of venue may be recognized except by stipulations of the parties, or by order of the court on a showing of good cause by the defendant. Nothing in this section waives the common law doctrine of sovereign immunity or acts as a consent to suit by the State of South Dakota, its agencies, or its employees acting within the scope of their employment. Source: SDC 1939 & Supp 1960, §33.4107; SDCL, §15-39-33; Supreme Court Rule 81-4; SL 1982, ch 167; SL 1994, ch 351, §38; SL 1996, ch 5, §5; SL 2021, ch 14, § 5.
SD Codified L § 15-39-70 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 39 - Small Claims Procedure|Section 15-39-70 - Subpoenas for witnesses.

15-39-70. Subpoenas for witnesses.Subpoenas for witnesses, if requested, will be issued by the clerk and served according to the specifications of §15-6-45(c). Source: SDC 1939 & Supp 1960, §33.4109; SDCL, §15-39-34; Supreme Court Rule 81-4; SL 1988, ch 428 (Supreme Court Rule 87-9).
SD Codified L § 15-39-71 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 39 - Small Claims Procedure|Section 15-39-71 - Witnesses and evidence received on hearing.

15-39-71. Witnesses and evidence received on hearing.Witnesses shall be sworn; but the court shall conduct the hearing in such order and form and with such methods of proof as it deems best suited to discover the facts and to determine the justice of the case. Interrogatories shall not be filed nor depositions taken, except by leave of court. Source: SDC 1939 & Supp 1960, §33.4114; SDCL, §15-39-35; Supreme Court Rule 81-4.
SD Codified L § 15-39-72 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 39 - Small Claims Procedure|Section 15-39-72 - Signature of docket on determination of action.

15-39-72. Signature of docket on determination of action.After the determination of the action, the judge or magistrate shall affix his signature to the docket card. Source: SDC 1939 & Supp 1960, §33.4114; SDCL, §15-39-36; Supreme Court Rule 81-4.
SD Codified L § 15-39-73 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 39 - Small Claims Procedure|Section 15-39-73 - Items allowable as costs--Costs assessed for delay or vexatious claim or defense--Judgment and execution for costs.

15-39-73. Items allowable as costs--Costs assessed for delay or vexatious claim or defense--Judgment and execution for costs.The actual cash disbursements of the prevailing party for entry fee, mailing fees, witness fees, and officers' fees shall be allowed as costs. No other costs shall be allowed either party, except by special order of the court. The court shall have power in its discretion to award costs, including attorney fees, in a sum fixed by the court, not exceeding five hundred dollars (exclusive of such cash disbursements, or in addition thereto) against any party, whether the prevailing party or not, who has set up a frivolous or vexatious claim or defense, or has made an unfair, insufficient, or misleading answer, or has otherwise sought to hamper a party or the court in securing a speedy determination of the claim upon its merits; and to enter judgment and issue execution therefor, or set off such costs against damages or costs, as justice may require. Source: SDC 1939 & Supp 1960, §33.4116; SDCL, §15-39-38; Supreme Court Rule 81-4; SL 1986, ch 167, §2; Supreme Court Rule 97-21.
SD Codified L § 15-39-74 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 39 - Small Claims Procedure|Section 15-39-74 - Court order as to method of payment of judgment--Stay of execution during compliance.

15-39-74. Court order as to method of payment of judgment--Stay of execution during compliance.The court may order that the judgment shall be paid to the prevailing party at a certain date or by specified installments, and may stay the issue of execution and other supplementary process during compliance with such order. Such stay shall at all times be subject to being modified or vacated. Source: SDC 1939 & Supp 1960, §33.4117; SDCL, §15-39-39; Supreme Court Rule 81-4.
SD Codified L § 15-39-75 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 39 - Small Claims Procedure|Section 15-39-75 - Grounds for vacation of judgment and stay of execution--Repayment ordered.

15-39-75. Grounds for vacation of judgment and stay of execution--Repayment ordered.The court may at any time after entry of judgment, upon motion, and after such notice, by mail or otherwise, as it may order, for cause shown, vacate any judgment entered under this procedure, for want of actual notice to a party, for error or for any other cause that the court may deem sufficient, and may stay or supersede execution.The court may also order the repayment of anything collected under such judgment, and may enter judgment and issue execution therefor; but no order shall affect the title of any bona fide holder for value under said judgment. Source: SDC 1939 & Supp 1960, §33.4118; SDCL, §15-39-40; Supreme Court Rule 81-4.
SD Codified L § 15-39-76 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 39 - Small Claims Procedure|Section 15-39-76 - Costs awarded on motion to vacate judgment.

15-39-76. Costs awarded on motion to vacate judgment.Costs in an amount fixed by the court not exceeding two hundred fifty dollars may be awarded, in the discretion of the court, for or against either party to a motion to vacate judgment, and judgment may be entered and execution may be issued therefor, and any action by the court may be made conditional upon the payment of such costs of the performance or any other proper condition. Source: SDC 1939 & Supp 1960, §33.4118; SDCL, §15-39-41; Supreme Court Rule 81-4; SL 1987, ch 29, §77; Supreme Court Rule 97-22.
SD Codified L § 15-39-76.1 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 39 - Small Claims Procedure|Section 15-39-76.1 - Notice of payment of judgment.

15-39-76.1. Notice of payment of judgment.The lienholder shall notify the clerk upon full payment of the judgment, and the clerk shall satisfy the judgment at no charge to the parties involved. Upon receipt of a claim by the debtor that the judgment has been paid in full but has not been satisfied by the lienholder, the court shall issue an order to show cause requiring the lienholder appear and show cause why the judgment should not be satisfied. Source: Supreme Court Rule 81-7; SL 2005, ch 294 (Supreme Court Rule 05-08), effective Feb. 25, 2005.
SD Codified L § 15-39-76.2 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 39 - Small Claims Procedure|Section 15-39-76.2 - Cancellation of judgment or transcript--Notice by prevailing party or attorney.

15-39-76.2. Cancellation of judgment or transcript--Notice by prevailing party or attorney.Any judgment or transcript of a judgment rendered or docketed in small claims court shall be cancelled and discharged by the clerk of courts upon written notice by either the party in whose favor the judgment was obtained or that party's attorney. Source: SL 1988, ch 179.
SD Codified L § 15-39-77 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 39 - Small Claims Procedure|Section 15-39-77 - Guardian ad litem.

15-39-77. Guardian ad litem.When a minor is a party to a small claims action, a parent or guardian or conservator shall be considered a guardian ad litem for purpose of commencing said action or receiving service thereof. Source: Supreme Court Rule 81-4; SL 1993, ch 213, §92.
SD Codified L § 15-39-79 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 39 - Small Claims Procedure|Section 15-39-79 - Use of small claims procedure to collect unreimbursed medical or health care costs from other parent.

15-39-79. Use of small claims procedure to collect unreimbursed medical or health care costs from other parent.Notwithstanding any other provision of law, a parent, guardian, or custodian is entitled to use the procedures provided in this chapter to collect unreimbursed medical or health care costs incurred on behalf of a child from the other responsible parent. Source: SL 2005, ch 134, §14.
SD Codified L § 16-1-1 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 01 - The Supreme Court|Section 16-1-1 - Supreme Court districts.

16-1-1. Supreme Court districts.The state is divided into five Supreme Court districts from each of which a justice shall be selected as follows:First District. The counties of Custer, Pennington, Lawrence, and Meade constitute the first Supreme Court district.Second District. The county of Minnehaha constitutes the second Supreme Court district.Third District. The counties of Brookings, Kingsbury, Moody, Miner, Sanborn, Beadle, Jerauld, Hand, Hyde, Hughes, Sully, Stanley, Brule, Buffalo, Jones, Jackson, Lyman, Mellette, Todd, Tripp, Bennett, Oglala Lakota, Fall River, Lake, and Haakon constitute the third Supreme Court district.Fourth District. The counties of Union, Clay, Yankton, Hutchinson, Hanson, Davison, Bon Homme, Douglas, Aurora, Charles Mix, Gregory, McCook, Turner and Lincoln constitute the fourth Supreme Court district.Fifth District. The counties of Grant, Roberts, Day, Marshall, Clark, Brown, McPherson, Edmunds, Faulk, Potter, Walworth, Campbell, Corson, Dewey, Ziebach, Perkins, Butte, Codington, Spink, Deuel, Hamlin, and Harding constitute the fifth Supreme Court district. Source: SD Const, art 5, §11; SL 1909, ch 109, §§1 to 5; RC 1919, §5127; SL 1927, ch 209; SL 1935, ch 87; SDC 1939 & Supp 1960, §32.0101; SL 1974, ch 154, §1; SL 1977, ch 174; SL 1982, ch 168; SL 1992, ch 151; SL 2001, ch 101, §1; SL 2011 (SS), ch 2, §1, eff. Jan. 23, 2012; SL 2015, ch 56 (HJR 1005), eff. May 1, 2015.
SD Codified L § 16-1-2 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 01 - The Supreme Court|Section 16-1-2 - Number of justices--Term of office--Retention elections.

16-1-2. Number of justices--Term of office--Retention elections.The Supreme Court shall consist of five justices.The term of office of the justices of the Supreme Court shall be eight years. At the next general election following the expiration of three years from the date of his appointment, and every eighth year thereafter, each Supreme Court justice shall be subject to approval or rejection by the electorate in a statewide retention election.Supreme Court justices in office on November 4, 1980, who were elected from each of the fourth and fifth districts shall be subject to a first retention election in 1984; and Supreme Court justices in office on November 4, 1980, who were elected from the first, second, and third districts shall be subject to a first retention election in 1986. Source: SD Const, art 5, §§5, 6, 8; SL 1909, ch 109, §§6, 7; RC 1919, §§5126, 5128; SDC 1939 & Supp 1960, §32.0102; SL 1974, ch 154, §2; SL 1981, ch 164, §2; SL 1982, ch 169.
SD Codified L § 16-1-2.1 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 01 - The Supreme Court|Section 16-1-2.1 - Election of Chief Justice--Term of office--Removal.

16-1-2.1. Election of Chief Justice--Term of office--Removal.The Chief Justice of the Supreme Court shall be selected from among the justices of the Supreme Court by a majority vote of the justices for a term of four years without limitation in successive terms. The Chief Justice so selected may be removed by a four-fifths vote of the justices but such removal shall not thereby constitute his removal as a justice of the Supreme Court. Source: SL 1973, ch 128, §1.
SD Codified L § 16-1-2.2 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 01 - The Supreme Court|Section 16-1-2.2 - Form of retention ballot.

16-1-2.2. Form of retention ballot.The State Board of Elections shall promulgate rules pursuant to chapter 1-26 setting the deadline for requests from Supreme Court justices for inclusion on a retention ballot and prescribing the format of the Supreme Court justices' retention ballot. Source: SL 1981, ch 164, §3; SL 1998, ch 78, §4.
SD Codified L § 16-1-3.1 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 01 - The Supreme Court|Section 16-1-3.1 - Additional compensation of Chief Justice--Exclusion from retirement provisions.

16-1-3.1. Additional compensation of Chief Justice--Exclusion from retirement provisions.The Chief Justice of the Supreme Court shall receive additional compensation for administrative duties in the sum of two thousand dollars. The additional compensation provided for by this section shall not be credited to the highest average annual compensation for retirement benefits under §3-12C-1107 or 3-12C-1607, or treated as compensation subject to contribution for retirement purposes under §3-12C-401. Source: SL 1977, ch 6, §11; SL 2019, ch 22, §§1, 45.
SD Codified L § 16-1-4.1 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 01 - The Supreme Court|Section 16-1-4.1 - Mandatory retirement of justices at age seventy--Conclusion of pending matters.

16-1-4.1. Mandatory retirement of justices at age seventy--Conclusion of pending matters.A justice of the Supreme Court is automatically retired on the first Tuesday after the first Monday of January next after the general election at which members of the Legislature are elected immediately following the attainment of age seventy of such justice. Such justice shall conclude all matters pending before him unless the Supreme Court makes other provisions for the disposition of such matters. Source: SL 1973, ch 133, §1; SDCL Supp, §16-8-5.1.
SD Codified L § 16-1-5 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 01 - The Supreme Court|Section 16-1-5 - Retired justices and retired or active judges acting in place of disqualified justices.

16-1-5. Retired justices and retired or active judges acting in place of disqualified justices.Retired justices and judges, with their consent, and active judges may be authorized by the Chief Justice to act in the place of disqualified justices, or in the event of vacancies or other necessities as determined by the Chief Justice. The court shall provide for the reimbursement of their expenses. Source: SL 1971, ch 153, §§1, 2; SDCL Supp, §§16-8-13, 16-8-14; SL 1974, ch 154, §4; SL 1977, ch 175.
SD Codified L § 16-1-9 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 01 - The Supreme Court|Section 16-1-9 - Term of Supreme Court--Places.

16-1-9. Term of Supreme Court--Places.The Supreme Court shall have but one term coincident with the calendar year and will be in session for consideration of cases on the calendar in the courtroom of the court at the capitol and in such other first and second class municipalities in the state as specified by order of the court. Source: SD Const, art 5, §4; SL 1890, ch 73, §1; RPolC 1903, §621; RC 1919, §5132; SDC 1939 & Supp 1960, §32.0104; Supreme Court Rule 75-2, §3; SL 1992, ch 60, §2.
SD Codified L § 16-1-14 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 01 - The Supreme Court|Section 16-1-14 - Supreme Court library--Publications included--Control by justices.

16-1-14. Supreme Court library--Publications included--Control by justices.The Supreme Court library shall consist of all constitutions, statutes, session laws, court reports, digests, textbooks, and other legal publications now owned by the state and under the control of the justices of the Supreme Court, or which may hereafter be acquired by purchase, exchange, or otherwise.The Supreme Court library shall be under the exclusive control and supervision of the justices of the Supreme Court who are hereby authorized to make such rules and regulations regarding its use as they may deem proper. Source: SL 1907, ch 183, §§1, 2; RC 1919, §5160; SDC 1939 & Supp 1960, §32.0311.
SD Codified L § 16-1A-1 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 01A - Commission On Judicial Qualifications|Section 16-1A-1 - Definition of terms.

16-1A-1.Definition of terms.Terms as used in this chapter, unless the context otherwise requires, mean:(1)"Commission," the Commission on Judicial Qualifications provided for in S. D. Const., Art. V, §9 and this chapter;(2)"Judge," a justice of the Supreme Court, a judge of the circuit court, or a judge of a court of limited jurisdiction. Source: SL 1973, ch 136, §1; Supreme Court Rule 82-4; Supreme Court Rule 84-10.
SD Codified L § 16-1A-2 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 01A - Commission On Judicial Qualifications|Section 16-1A-2 - Commission membership--Terms of office.

16-1A-2. Commission membership--Terms of office.There is hereby created a Commission on Judicial Qualifications which shall consist of seven members:(1)Two judges of the circuit court, elected by the judicial conference;(2)Three members of the bar practicing law in this state, no more than two of whom may be of the same political party, appointed by a majority vote of the state bar commissioners; and(3)Two citizens who are not of the same political party, appointed by the Governor.The term of office for a commission member is four years. No person may serve more than two terms as a member of the commission. Source: SL 1973, ch 136, §§2, 3; SL 1978, ch 148, §1; SL 1997, ch 114, §1; Supreme Court Rule 97-23; SL 1998, ch 307; ch 308; ch 309; SL 2000, ch 264 (Supreme Court Rule 00-10); SL 2013, ch 99, §1.
SD Codified L § 16-1A-3 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 01A - Commission On Judicial Qualifications|Section 16-1A-3 - Termination of commission membership on departure from qualifying position--Removal of members--Vacancies.

16-1A-3. Termination of commission membership on departure from qualifying position--Removal of members--Vacancies.Commission membership terminates if a member ceases to hold the position that qualified him for appointment. Members of the commission may be removed for cause by the appointing power. A vacancy shall be filled by the appointing power for a term of four years. Source: SL 1973, ch 136, §4; SL 1978, ch 148, §2.
SD Codified L § 16-1A-4 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 01A - Commission On Judicial Qualifications|Section 16-1A-4 - Budget for commission--Rules--Confidentiality of proceedings--Administrative support.

16-1A-4. Budget for commission--Rules--Confidentiality of proceedings--Administrative support.The Supreme Court shall prepare and present to the Legislature a proposed annual budget for the commission, make rules implementing and enforcing the powers of the commission, provide for confidentiality of proceedings, and provide administrative support in managing the budget, in paying for travel expenses, in paying salaries of employees, and in drafting contracts for services as directed by the commission pursuant to §§16-1A-6 to 16-1A-8, inclusive. Source: SL 1973, ch 136, §7; SL 2009, ch 101, §1.
SD Codified L § 16-1A-5 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 01A - Commission On Judicial Qualifications|Section 16-1A-5 - Chairman of commission--Majority required for action.

16-1A-5. Chairman of commission--Majority required for action.The commission shall elect one of its members to serve as chairman for a term prescribed by the commission. No act of the commission is valid unless concurred in by a majority of its members. Source: SL 1973, ch 136, §5.
SD Codified L § 16-1A-6 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 01A - Commission On Judicial Qualifications|Section 16-1A-6 - Travel expenses and per diem of commission members.

16-1A-6. Travel expenses and per diem of commission members.Each member of the commission shall be allowed travel expenses and per diem as provided by rule of the Supreme Court. Source: SL 1973, ch 136, §6.
SD Codified L § 16-1A-7 (2021)
2021 South Dakota Codified Laws|Title 16 - Courts and Judiciary|Chapter 01A - Commission On Judicial Qualifications|Section 16-1A-7 - Employment of personnel by commission--Powers in investigation.

16-1A-7. Employment of personnel by commission--Powers in investigation.The commission may employ all necessary personnel for the purpose of investigating complaints made against a judge and for the purpose of presenting nominations to the Governor to fill all judicial vacancies. The commission may administer oaths, subpoena witnesses and take depositions as provided by §§1-26-19.1 and 1-26-19.2 or as may be otherwise provided by law or rule of the Supreme Court. Source: SL 1973, ch 136, §8; SL 1978, ch 149.