reglab/housing_qa huggingface dataset:
SD Codified L § 15-6-7 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-7 - 15-6-7.Pleadings allowed--form of motions

  15-6-7.   Pleadings allowed--form of motions
SD Codified L § 15-6-7(A) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-7(A) - Pleadings.

15-6-7(a). Pleadings.There shall be a complaint and an answer; a reply to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party complaint, if a person who was not an original party is summoned under the provisions of §15-6-14; and a third-party answer, if a third-party complaint is served. No other pleading shall be allowed, except that the court may order a reply to an answer or a third-party answer. Source: SDC 1939 & Supp 1960, §33.0901; SD RCP, Rule 7 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-7(B) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-7(B) - Motions and other papers.

15-6-7(b). Motions and other papers.(1) An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.(2)The rules applicable to captions, signing, and other matters of form of pleadings apply to all motions and other papers provided for by this chapter.(3)Exhibits and other attachments to motions are subject to the provisions of Rule 11 and the protective provisions of §15-6-26(c). Source: SDC 1939 & Supp 1960, §33.1001; SD RCP, Rule 7 (b), as adopted by Supp. Ct. Order March 29, 1966, effective July 1, 1966; SL 2001, ch 295 (Supreme Court Rule 01-03); SL 2006, ch 278 (Supreme Court Rule 06-04), eff. July 1, 2006.
SD Codified L § 15-6-7(C) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-7(C) - Demurrers, pleas, and exceptions abolished.

15-6-7(c). Demurrers, pleas, and exceptions abolished.Demurrers, pleas, and exceptions for insufficiency of a pleading shall not be used. Source: SDC 1939 & Supp 1960, §33.0902; SD RCP, Rule 7 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-8 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-8 - 15-6-8.General rules of pleading

  15-6-8.   General rules of pleading
SD Codified L § 15-6-8(A) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-8(A) - Claims for relief.

15-6-8(a). Claims for relief.A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim, shall contain:(1)A short and plain statement of the claim showing that the pleader is entitled to relief; and(2)A demand for judgment for the relief to which he deems himself entitled.Relief in the alternative or of several different types may be demanded. Source: SDC 1939 & Supp 1960, §33.0903; SD RCP, Rule 8 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-8(B) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-8(B) - Defenses--Form of denials.

15-6-8(b). Defenses--Form of denials.A party shall state in short and plain terms his defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies. If he is without knowledge or information sufficient to form a belief as to the truth of an averment, he shall so state and this has the effect of a denial. Denials shall fairly meet the substance of the averments denied. When a pleader intends in good faith to deny only a part or a qualification of an averment, he shall specify so much of it as is true and material and shall deny only the remainder. Unless the pleader intends in good faith to controvert all the averments of the preceding pleading, he may make his denials as specific denials of designated averments or paragraphs, or he may generally deny all the averments except such designated averments or paragraphs as he expressly admits; but, when he does so intend to controvert all its averments, he may do so by general denial subject to the obligations set forth in §15-6-11. Source: SDC 1939 & Supp 1960, §33.0904; SD RCP, Rule 8 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-8(C) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-8(C) - Defenses--Form of denials.

15-6-8(c). Defenses--Form of denials.In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court on terms, if justice so requires, shall treat the pleading as if there had been a proper designation. Source: SDC 1939 & Supp 1960, §33.0905; SD RCP, Rule 8 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-8(D) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-8(D) - Effect of failure to deny.

15-6-8(d). Effect of failure to deny.Averments in a pleading to which a responsive pleading is required, other than those as to the amount of damage, are admitted when not denied in the responsive pleading. Averments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or avoided. Source: SDC 1939 & Supp 1960, §33.0906; SD RCP, Rule 8 (d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-8(E) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-8(E) - Pleading to be concise and direct--Consistency.

15-6-8(e). Pleading to be concise and direct--Consistency.(1)Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleading or motions are required.(2)A party may set forth two or more statements of a claim or defense alternatively or hypothetically, either in one count or defense or in separate counts or defenses. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. A party may also state as many separate claims or defenses as he has regardless of consistency and whether based on legal or on equitable grounds or on both. All statements shall be made subject to the obligations set forth in §15-6-11. Source: SDC 1939 & Supp 1960, §33.0908; SD RCP, Rule 8 (e), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-8(F) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-8(F) - Construction of pleadings.

15-6-8(f). Construction of pleadings.All pleadings shall be so construed as to do substantial justice. Source: SDC 1939 & Supp 1960, §33.0915; SD RCP, Rule 8 (f), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-9 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-9 - 15-6-9.Pleading special matters

  15-6-9.   Pleading special matters
SD Codified L § 15-6-9(A) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-9(A) - Pleading capacity.

15-6-9(a). Pleading capacity.It is not necessary to aver the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of a corporation or organized association of persons that is made a party. When a party desires to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued or the authority of a party to sue or be sued in a representative capacity, he shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader's knowledge. Source: SDC 1939 & Supp 1960, §33.0910; SD RCP, Rule 9 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-9(B) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-9(B) - Pleading, fraud, mistake, condition of the mind.

15-6-9(b). Pleading, fraud, mistake, condition of the mind.In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity. Malice, intent, knowledge, and other condition of mind of a person may be averred generally. Source: SDC 1939 & Supp 1960, §33.0910; SD RCP, Rule 9 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-9(C) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-9(C) - Pleading conditions precedent.

15-6-9(c). Pleading conditions precedent.In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred. A denial of performance or occurrence shall be made specifically and with particularity. Source: SDC 1939 & Supp 1960, §33.0910; SD RCP, Rule 9 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-9(D) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-9(D) - Pleading official document or act.

15-6-9(d). Pleading official document or act.In pleading an official document or official act, it is sufficient to aver that the document was issued or the act done in compliance with law; and in pleading any statute or ordinance, it is sufficient to refer to the statute by its number and the ordinance by its title or number and the date of its approval. Source: SDC 1939 & Supp 1960, §33.0910; SD RCP, Rule 9 (d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-9(E) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-9(E) - Pleading judgment.

15-6-9(e). Pleading judgment.In pleading a judgment or decision of a domestic or foreign court, judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it. Source: SDC 1939 & Supp 1960, §33.0910; SD RCP, Rule 9 (e), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-9(F) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-9(F) - Pleading time and place.

15-6-9(f). Pleading time and place.For the purpose of testing the sufficiency of a pleading, averments of time and place are material and shall be considered like all other averments of material matter. Source: SDC 1939 & Supp 1960, §33.0910; SD RCP, Rule 9 (f), as adopted by Supp. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-9(G) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-9(G) - Pleading special damage.

15-6-9(g). Pleading special damage.When items of special damage are claimed, they shall be specifically stated. Source: SDC 1939 & Supp 1960, §33.0910; SD RCP, Rule 9 (g), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-9(H) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-9(H) - Unknown party--How designated in pleadings and process.

15-6-9(h). Unknown party--How designated in pleadings and process.When a party is ignorant of the name of an opposing party and so alleges in his pleading, the opposing party may be designated by any name, and when his true name is discovered the process and all pleadings and proceedings in the action shall be amended by substituting the true name. Source: SDC 1939 & Supp 1960, §33.0401; SD RCP, Rule 9 (h), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-9(I) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-9(I) - Complaint in action for libel or slander.

15-6-9(i). Complaint in action for libel or slander.In an action for libel or slander, it shall not be necessary to state in the complaint any extrinsic facts, for the purpose of showing the application to the plaintiff of the defamatory matter out of which the cause of action arose, but it shall be sufficient to state generally that the same was published or spoken concerning the plaintiff, and if such allegation be controverted, the plaintiff shall be bound to establish, on trial, that it was so published or spoken. Source: SDC 1939 & Supp 1960, §33.0910; SD RCP, Rule 9 (i), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-10 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-10 - 15-6-10.Form of pleadings

  15-6-10.   Form of pleadings
SD Codified L § 15-6-10(A) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-10(A) - Caption--Names of parties.

15-6-10(a). Caption--Names of parties.Every pleading shall have a caption setting forth the name of the court and the county in which the action is brought, the title of the action, and a designation as in §15-6-7(a). In the complaint the title of the action shall include the names of all the parties, but in other pleadings it is sufficient to state the name of the first party on each side with an appropriate indication of other parties. Source: SDC 1939 & Supp 1960, §33.0908; SD RCP, Rule 10 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-10(B) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-10(B) - Paragraphs--Separate statements.

15-6-10(b). Paragraphs--Separate statements.All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters set forth. Source: SDC 1939 & Supp 1960, §33.0908; SD RCP, Rule 10 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-10(C) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-10(C) - Adoption by reference--Exhibits.

15-6-10(c). Adoption by reference--Exhibits.Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion. A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes. Source: SDC 1939 & Supp 1960, §33.0908; SD RCP, Rule 10 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-10(D) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-10(D) - Roman numerals--Use--Restrictions.

15-6-10(d). Roman numerals--Use--Restrictions.Roman numerals may not be used to number paragraphs in pleadings. The use of Roman numerals in pleadings is restricted to use in conjunction with persons' names and in lower case use in prefaces, forewords, prologues, and epilogues. Source: SL 1998, ch 310.
SD Codified L § 15-6-10(E) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-10(E) - Formatting of pleadings.

15-6-10(e). Formatting of pleadings.All pleadings, motions, orders and other papers filed with the court, with the exception of exhibits, shall be typewritten or hand printed in a clear and legible manner, no smaller than 12 point type; on one side only of white, unglazed, opaque paper of good texture, eight and one-half inches wide and eleven inches long; and consecutively numbered at the bottom center of each page. Source: SL 2013, ch 267, §1 (Supreme Court Rule 13-06), eff. Feb. 14, 2013.
SD Codified L § 15-6-11 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-11 - 15-6-11.Signing of Pleadings

  15-6-11.   Signing of Pleadings
SD Codified L § 15-6-11(A) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-11(A) - Signature.

15-6-11(a). Signature.Every pleading, written motion, and other paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party. Each paper shall state the signer's address and telephone number, if any. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. An unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of the attorney or party. Source: SDC 1939 & Supp 1960, §33.0909; SD RCP, Rule 11, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1986, ch 160, §1; SL 2001, ch 296 (Supreme Court Rule 01-04); SL 2006, ch 279 (Supreme Court Rule 06-05), eff. July 1, 2006.
SD Codified L § 15-6-11(B) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-11(B) - Representations to court.

15-6-11(b). Representations to court.By presenting to the court (whether by signing, filing, submitting, or later advocating) a pleading, written motion, or other paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:(1)It is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;(2)The claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;(3)The allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; and(4)The denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief. Source: SDC 1939 & Supp 1960, §33.0909; SD RCP, Rule 11, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1986, ch 160, §1; SL 2001 ch 297 (Supreme Court Rule 01-05); SL 2006, ch 280 (Supreme Court Rule 06-06), eff. July 1, 2006.
SD Codified L § 15-6-11(C) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-11(C) - Sanctions.

15-6-11(c). Sanctions.If, after notice and a reasonable opportunity to respond, the court determines that §15-6-11(b) has been violated, the court may, subject to the conditions stated below, impose an appropriate sanction upon the attorneys, law firms, or parties that have violated §15-6-11(b) or are responsible for the violation.(1)How Initiated.(A)By Motion. A motion for sanctions under this rule shall be made separately from other motions or requests and shall describe the specific conduct alleged to violate §15-6-11(b). It shall be served as provided in §15-6-5, but shall not be filed with or presented to the court unless, within twenty-one days after service of the motion (or such other period as the court may prescribe), the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected. If warranted, the court may award to the party prevailing on the motion the reasonable expenses and attorney's fees incurred in presenting or opposing the motion. Absent exceptional circumstances, a law firm shall be held jointly responsible for violations committed by its partners, associates, and employees.(B)On Court's Initiative. On its own initiative, the court may enter an order describing the specific conduct that appears to violate §15-6-11(b) and directing an attorney, law firm, or party to show cause why it has not violated §15-6-11(b) with respect thereto.(2)Nature of Sanctions; Limitations. A sanction imposed for violation of this rule shall be limited to what is sufficient to deter repetition of such conduct or comparable conduct by others similarly situated. Subject to the limitations in subparagraphs (A) and (B), the sanction may consist of, or include, directives of a nonmonetary nature, an order to pay a penalty into court, or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of some or all of the reasonable attorneys' fees and other expenses incurred as a direct result of the violation.(A)Monetary sanctions may not be awarded against a represented party for a violation of §15-6-11(b)(2).(B)Monetary sanctions may not be awarded on the court's initiative unless the court issues its order to show cause before a voluntary dismissal or settlement of the claims made by or against the party which is, or whose attorneys are, to be sanctioned.(3)Order. When imposing sanctions, the court shall describe the conduct determined to constitute a violation of this rule and explain the basis for the sanction imposed. Source: SDC 1939 & Supp 1960, §33.0909; SD RCP, Rule 11, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1986, ch 160, §1; SL 2006, ch 281 (Supreme Court Rule 06-07), eff. July 1, 2006.
SD Codified L § 15-6-11(D) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-11(D) - Inapplicability to discovery.

15-6-11(d). Inapplicability to discovery.Sections 15-6-11(a) through 15-6-11(c) do not apply to disclosures and discovery requests, responses, objections, and motions that are subject to the provisions of §§15-6-26 through 15-6-37. Source: SDC 1939 & Supp 1960, §33.0909; SD RCP, Rule 11, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1986, ch 160, §1; SL 2006, ch 282 (Supreme Court Rule 06-08), eff. July 1, 2006.