reglab/housing_qa huggingface dataset:
SD Codified L § 15-8-3 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 08 - Remedies On Joint Liability|Section 15-8-3 - Enforcement of unsatisfied judgment against partner not named in original action--Restriction to one satisfaction.

15-8-3. Enforcement of unsatisfied judgment against partner not named in original action--Restriction to one satisfaction.If the name of one or more partners shall, for any cause, have been omitted in any action in which judgment shall have been taken against the defendants named in the summons and such omission shall not have been pleaded in such action, the plaintiff, in case the judgment therein shall remain unsatisfied, may by action recover of such partner separately upon proving his joint liability, notwithstanding he may not have been named in the original action; but the plaintiff shall have satisfaction of only one judgment rendered for the same cause of action. Source: SDC 1939 & Supp 1960, §33.0818 (4).
SD Codified L § 15-8-4 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 08 - Remedies On Joint Liability|Section 15-8-4 - Summons to enforce judgment against joint contract debtors not summoned in original action.

15-8-4. Summons to enforce judgment against joint contract debtors not summoned in original action.When a judgment shall be recovered against one or more of several persons jointly indebted upon a contract, by proceeding as provided in §§15-8-1 to 15-8-3, inclusive, those who were not originally summoned to answer the complaint, and did not appear in the action, may be summoned to show cause why they should not be bound by the judgment, in the same manner as if they had been originally summoned. Source: SDC 1939 & Supp 1960, §33.2301.
SD Codified L § 15-8-5 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 08 - Remedies On Joint Liability|Section 15-8-5 - Contents and service of summons to enforce judgment against joint contract debtor.

15-8-5. Contents and service of summons to enforce judgment against joint contract debtor.The summons provided in §15-8-4 must be subscribed by the judgment creditor or his attorney; must describe the judgment and require the person summoned to show cause within thirty days after the service of the summons; and must be served in like manner as the original summons. Source: SDC 1939 & Supp 1960, §33.2302.
SD Codified L § 15-8-6 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 08 - Remedies On Joint Liability|Section 15-8-6 - New complaint not required to enforce judgment against joint contract debtor--Affidavit of nonsatisfaction.

15-8-6. New complaint not required to enforce judgment against joint contract debtor--Affidavit of nonsatisfaction.It is not necessary to file a new complaint in a proceeding authorized by §15-8-4, but the summons must be accompanied by an affidavit of the person subscribing it that the judgment has not been satisfied, to his knowledge or information and belief, and must specify the amount due thereon. Source: SDC 1939 & Supp 1960, §33.2302.
SD Codified L § 15-8-7 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 08 - Remedies On Joint Liability|Section 15-8-7 - Defenses available to joint contract debtor summoned for enforcement of judgment.

15-8-7. Defenses available to joint contract debtor summoned for enforcement of judgment.The party summoned pursuant to §15-8-4 may answer within the time specified in §15-8-5, denying the judgment or setting up any defense which may have arisen subsequently; and he may make the same defense which he might have originally made to the action, except the statute of limitations. Source: SDC 1939 & Supp 1960, §33.2303.
SD Codified L § 15-8-8 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 08 - Remedies On Joint Liability|Section 15-8-8 - Reply and trial of issues on summons to enforce judgment against joint contract debtor.

15-8-8. Reply and trial of issues on summons to enforce judgment against joint contract debtor.The party issuing summons pursuant to §15-8-4 may reply to the answer, and the issues may be tried and judgment may be given in the same manner as in an action. Source: SDC 1939 & Supp 1960, §33.2304.
SD Codified L § 15-8-9 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 08 - Remedies On Joint Liability|Section 15-8-9 - Rules applicable to pleadings in summons to enforce judgment against joint contract debtor.

15-8-9. Rules applicable to pleadings in summons to enforce judgment against joint contract debtor.The answer and the reply described by §§15-8-7 and 15-8-8 must be verified in like cases and manner, and be subject to the same rules as the answer and reply in an action. Source: SDC 1939 & Supp 1960, §33.2304.
SD Codified L § 15-8-10 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 08 - Remedies On Joint Liability|Section 15-8-10 - Supplementary judgment on summons of joint contract debtor--Enforcement of judgment.

15-8-10. Supplementary judgment on summons of joint contract debtor--Enforcement of judgment.A supplementary judgment rendered under the provisions of §§15-8-4 to 15-8-9, inclusive, may be docketed and transcribed the same as any other judgment and may be enforced by execution or the application of the property which may be subjected to payment of the judgment and may be compelled by attachment, if necessary. Source: SDC 1939 & Supp 1960, §33.2305.
SD Codified L § 15-8-11 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 08 - Remedies On Joint Liability|Section 15-8-11 - Joint tort-feasors--Definition of term.

15-8-11. Joint tort-feasors--Definition of term.For the purposes of §§15-8-12 to 15-8-22, inclusive, the term "joint tort-feasors" means two or more persons jointly or severally liable in tort for the same injury to person or property, whether or not judgment has been recovered against all or some of them. Source: SL 1945, ch 167, §1; SDC Supp 1960, §33.04A02.
SD Codified L § 15-8-12 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 08 - Remedies On Joint Liability|Section 15-8-12 - Right of contribution among joint tort-feasors.

15-8-12. Right of contribution among joint tort-feasors.The right of contribution exists among joint tort-feasors. Source: SL 1945, ch 167, §2; SDC Supp 1960, §33.04A03 (1).
SD Codified L § 15-8-13 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 08 - Remedies On Joint Liability|Section 15-8-13 - Discharge of liability or payment of excess required for judgment for contribution to joint tort-feasor.

15-8-13. Discharge of liability or payment of excess required for judgment for contribution to joint tort-feasor.A joint tort-feasor is not entitled to a money judgment for contribution until he has by payment discharged the common liability or has paid more than his pro rata share thereof. Source: SL 1945, ch 167, §2; SDC Supp 1960, §33.04A03 (2).
SD Codified L § 15-8-14 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 08 - Remedies On Joint Liability|Section 15-8-14 - Joint tort-feasor not entitled to contribution to settlement unless liability extinguished.

15-8-14. Joint tort-feasor not entitled to contribution to settlement unless liability extinguished.A joint tort-feasor who enters into a settlement with the injured person is not entitled to recover contribution from another joint tort-feasor whose liability to the injured person is not extinguished by the settlement. Source: SL 1945, ch 167, §2; SDC Supp 1960, §33.04A03 (3).
SD Codified L § 15-8-15 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 08 - Remedies On Joint Liability|Section 15-8-15 - Degrees of fault of joint tort-feasors considered in determining liability.

15-8-15. Degrees of fault of joint tort-feasors considered in determining liability.When there is such a disproportion of fault among joint tort-feasors as to render inequitable an equal distribution among them of the common liability by contribution, the relative degrees of fault of the joint tort-feasors shall be considered in determining their pro rata shares. Source: SL 1945, ch 167, §2; SDC Supp 1960, §33.04A03 (4).
SD Codified L § 15-8-15.1 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 08 - Remedies On Joint Liability|Section 15-8-15.1 - Liability of party allocated less than fifty percent of total fault.

15-8-15.1. Liability of party allocated less than fifty percent of total fault.If the court enters judgment against any party liable on the basis of joint and several liability, any party who is allocated less than fifty percent of the total fault allocated to all the parties may not be jointly liable for more than twice the percentage of fault allocated to that party. Source: SL 1987, ch 154, §1.
SD Codified L § 15-8-15.2 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 08 - Remedies On Joint Liability|Section 15-8-15.2 - Determination of percentages of fault by trier of fact--Treatment of several persons as single party.

15-8-15.2. Determination of percentages of fault by trier of fact--Treatment of several persons as single party.In determining the percentages of fault, the trier of fact shall consider both the nature of the conduct of each party at fault and the extent of the causal relation between the conduct and the damages claimed. The trier of fact may determine that two or more persons are to be treated as a single party if their conduct was a proximate cause of the damages claimed and if the acts or omissions of such persons are so interrelated that it would be inequitable to distinguish between them. Source: SL 1987, ch 154, §2.
SD Codified L § 15-8-16 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 08 - Remedies On Joint Liability|Section 15-8-16 - Joint tort-feasor not discharged by judgment against another.

15-8-16. Joint tort-feasor not discharged by judgment against another.The recovery of a judgment by the injured person against one joint tort-feasor does not discharge the other joint tort-feasors. Source: SL 1945, ch 167, §3; SDC Supp 1960, §33.04A04.
SD Codified L § 15-8-17 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 08 - Remedies On Joint Liability|Section 15-8-17 - Joint tort-feasor not discharged by release of another--Claim reduced by amount stated in release.

15-8-17. Joint tort-feasor not discharged by release of another--Claim reduced by amount stated in release.A release by the injured person of one joint tort-feasor, whether before or after judgment, does not discharge the other tort-feasors unless the release so provides; but reduces the claim against the other tort-feasors in the amount of the consideration paid for the release, or in any amount or proportion by which the release provides that the total claim shall be reduced, if greater than the consideration paid. Source: SL 1945, ch 167, §4; SDC Supp 1960, §33.04A05.
SD Codified L § 15-8-18 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 08 - Remedies On Joint Liability|Section 15-8-18 - Restrictions on discharge from contribution obligation by release given by injured party.

15-8-18. Restrictions on discharge from contribution obligation by release given by injured party.A release by the injured person of one joint tort-feasor does not relieve him from liability to make contribution to another joint tort-feasor unless the release is given before the right of the other tort-feasor to secure a money judgment for contribution has accrued, and provides for a reduction, to the extent of the pro rata share of the released tort-feasor, of the injured person's damages recoverable against all the other tort-feasors. Source: SL 1945, ch 167, §5; SDC Supp 1960, §33.04A06.
SD Codified L § 15-8-19 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 08 - Remedies On Joint Liability|Section 15-8-19 - Indemnity rights not impaired by joint tort-feasor provisions.

15-8-19. Indemnity rights not impaired by joint tort-feasor provisions.Sections 15-8-11 to 15-8-22, inclusive, do not impair any right of indemnity under existing law. Source: SL 1945, ch 167, §6; SDC Supp 1960, §33.04A07.
SD Codified L § 15-8-20 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 08 - Remedies On Joint Liability|Section 15-8-20 - Severability of joint tort-feasor provisions.

15-8-20. Severability of joint tort-feasor provisions.If any provision of §§15-8-11 to 15-8-22, inclusive, or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of said sections which can be given effect without the invalid provision or application, and to this end the provisions of said sections are declared to be severable. Source: SL 1945, ch 167, §8; SDC Supp 1960, §33.04A09.
SD Codified L § 15-8-22 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 08 - Remedies On Joint Liability|Section 15-8-22 - Citation of uniform tort-feasor provisions.

15-8-22. Citation of uniform tort-feasor provisions.Sections 15-8-11 to 15-8-22, inclusive, may be cited as the uniform contribution among tort-feasors law. Source: SL 1945, ch 167, §10; SDC Supp 1960, §33.04A01.
SD Codified L § 15-9-1 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 09 - Commencement Of Actions And Service Of Process|Section 15-9-1 - Security for costs required of nonresident plaintiff.

15-9-1. Security for costs required of nonresident plaintiff.In cases in which the plaintiff is a nonresident of the state or a foreign corporation or a foreign limited liability company at the time of commencing the action or if the plaintiff removes from the state after its commencement, the plaintiff shall furnish sufficient security for costs. Source: SDC 1939 & Supp 1960, §33.1820; SL 1994, ch 351, §36.
SD Codified L § 15-9-2 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 09 - Commencement Of Actions And Service Of Process|Section 15-9-2 - Resident required as surety--Corporate bond--Deposit of cash.

15-9-2. Resident required as surety--Corporate bond--Deposit of cash.The surety required by §15-9-1 must be a resident of the county where the action is brought and must be approved by the clerk. A sufficient corporate surety bond or deposit of cash accepted by the clerk shall also be sufficient surety. Source: SDC 1939 & Supp 1960, §33.1820.
SD Codified L § 15-9-3 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 09 - Commencement Of Actions And Service Of Process|Section 15-9-3 - Form and extent of surety's obligation for costs.

15-9-3. Form and extent of surety's obligation for costs.The obligation of the surety required by §15-9-1 shall be complete by endorsing the summons or complaint to the effect that he is surety for costs of the action and signing his name thereto or by the filing of surety bond or deposit of costs by the party.The surety shall be bound for the payment of all costs and disbursements which may be adjudged against the plaintiff in the court in which the action is brought or in any other to which it may be carried, not exceeding in all two hundred fifty dollars, whether the plaintiff obtain judgment or not. Source: SDC 1939 & Supp 1960, §33.1820.
SD Codified L § 15-9-4 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 09 - Commencement Of Actions And Service Of Process|Section 15-9-4 - Dismissal of action for failure to give security for costs.

15-9-4. Dismissal of action for failure to give security for costs.An action in which security for costs is required by §15-9-1, and has not been given, shall be dismissed on a motion and notice by the defendant at any time before judgment unless in a reasonable time to be allowed by the court such security for costs be given in an amount to be designated by the court. Source: SDC 1939 & Supp 1960, §33.1820.
SD Codified L § 15-9-5 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 09 - Commencement Of Actions And Service Of Process|Section 15-9-5 - Motion for additional security for costs--Dismissal on failure to give additional security.

15-9-5. Motion for additional security for costs--Dismissal on failure to give additional security.In an action in which security for costs has been given the defendant may at any time before judgment after reasonable notice to the plaintiff move the court for additional security on the part of the plaintiff and if on such motion the court be satisfied that the surety has removed from this state or is not sufficient, or the amount of bond is insufficient, the action may be dismissed unless within a reasonable time to be fixed by the court sufficient surety be given by the plaintiff in an amount designated by the court. Source: SDC 1939 & Supp 1960, §33.1821.
SD Codified L § 15-9-6 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 09 - Commencement Of Actions And Service Of Process|Section 15-9-6 - Endorsement of summons when no personal claim made against defendant--Costs not taxed--Plaintiff's liability for costs on failure to serve notice.

15-9-6. Endorsement of summons when no personal claim made against defendant--Costs not taxed--Plaintiff's liability for costs on failure to serve notice.If no personal judgment is asked against a defendant, the plaintiff or his attorney, over his signature, shall endorse upon the summons or attach thereto and serve or publish therewith a notice generally stating the object of the action briefly describing any property affected thereby and stating that no personal claim is made against such defendant. No costs shall be taxed or money judgment taken against such defendant unless he defends the action. Failure to serve such notice shall render the plaintiff liable for costs to an answering defendant entitled to such notice. Source: SDC 1939 & Supp 1960, §33.0804.
SD Codified L § 15-9-7 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 09 - Commencement Of Actions And Service Of Process|Section 15-9-7 - Service by publication when defendant not found in state.

15-9-7. Service by publication when defendant not found in state.A summons, writ, order, or decree may be served by publication under the conditions and in the manner provided hereinafter and in §§15-9-8 to 15-9-21, inclusive.Where the person on whom the service of the summons, writ, order, or decree is to be made cannot, after due diligence, be found within the state and that fact appears by affidavit to the satisfaction of the court or a judge thereof, and it in like manner appears that a cause of action exists against the defendant in respect to whom the service is to be made or that he is a proper party to an action relating to real or personal property in this state, or to the writ, order, or decree, such court or judge may grant an order that the service be made by publication of the summons in any of the cases described in §§15-9-8 to 15-9-15, inclusive. Source: SDC 1939 & Supp 1960, §33.0812.
SD Codified L § 15-9-8 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 09 - Commencement Of Actions And Service Of Process|Section 15-9-8 - Service by publication in actions for divorce, annulment, child custody, and paternity.

15-9-8. Service by publication in actions for divorce, annulment, child custody, and paternity.The court may grant an order pursuant to §15-9-7 in an action for divorce, a decree annulling a marriage, a child custody action, or an action to establish paternity. Source: SDC 1939 & Supp 1960, §33.0812 (6); SL 2017, ch 90, §1.
SD Codified L § 15-9-8.1 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 09 - Commencement Of Actions And Service Of Process|Section 15-9-8.1 - Service by publication in adoption proceedings.

15-9-8.1. Service by publication in adoption proceedings.The court or a judge thereof may grant an order pursuant to §15-9-7 where the action is for adoption. Source: SL 1969, ch 152.
SD Codified L § 15-9-9 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 09 - Commencement Of Actions And Service Of Process|Section 15-9-9 - Service by publication in actions involving property within state.

15-9-9. Service by publication in actions involving property within state.The court or a judge thereof may grant an order pursuant to §15-9-7 where the subject of the action is property in this state and the defendant has or claims a lien or interest, actual or contingent therein, or the relief demanded consists wholly or partly in excluding the defendant from any interest in or lien thereon. Source: SDC 1939 & Supp 1960, §33.0812 (5).
SD Codified L § 15-9-10 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 09 - Commencement Of Actions And Service Of Process|Section 15-9-10 - Service by publication in lien foreclosure actions.

15-9-10. Service by publication in lien foreclosure actions.The court or a judge thereof may grant an order pursuant to §15-9-7 where the action is for the foreclosure of a lien on real or personal property in this state. Source: SDC 1939 & Supp 1960, §33.0812 (4).
SD Codified L § 15-9-11 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 09 - Commencement Of Actions And Service Of Process|Section 15-9-11 - Service by publication on domestic corporation without known place of business or agent.

15-9-11. Service by publication on domestic corporation without known place of business or agent.The court or a judge thereof may grant an order pursuant to §15-9-7 where the defendant is a private corporation created by the laws of this state or of the territory of Dakota, which has no known office or place of business in this state and no known officer or agent resident in this state. Source: SDC 1939 & Supp 1960, §33.0812 (7).
SD Codified L § 15-9-12 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 09 - Commencement Of Actions And Service Of Process|Section 15-9-12 - Service by publication on foreign corporation with property in jurisdiction of court.

15-9-12. Service by publication on foreign corporation with property in jurisdiction of court.The court or a judge thereof may grant an order pursuant to §15-9-7 where the defendant is a foreign corporation and the cause of action arose in this state, or where such defendant has property within this state and the court has jurisdiction over the subject of the action, and where by attachment, garnishment, or other process, the plaintiff has brought such property under jurisdiction of the court. Source: SDC 1939 & Supp 1960, §33.0812 (1).
SD Codified L § 15-9-13 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 09 - Commencement Of Actions And Service Of Process|Section 15-9-13 - Service by publication on absconding resident defendant.

15-9-13. Service by publication on absconding resident defendant.The court or a judge thereof may grant an order pursuant to §15-9-7 where the defendant, being a resident of this state, has departed therefrom with intent to defraud his creditors or to avoid the service of a summons or keeps himself concealed therein with like intent. Source: SDC 1939 & Supp 1960, §33.0812 (2).
SD Codified L § 15-9-14 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 09 - Commencement Of Actions And Service Of Process|Section 15-9-14 - Service by publication on nonresident with property in jurisdiction of court.

15-9-14. Service by publication on nonresident with property in jurisdiction of court.The court or a judge thereof may grant an order pursuant to §15-9-7 where the defendant is not a resident of this state but has property therein, and the court has jurisdiction of the subject of the action; and where by attachment, garnishment, or other process the plaintiff has brought such property under jurisdiction of the court. Source: SDC 1939 & Supp 1960, §33.0812 (3).