reglab/housing_qa huggingface dataset:
SD Codified L § 15-6-53(A) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-53(A) - Appointment and compensation of referees.

15-6-53(a). Appointment and compensation of referees.A court in which any action is pending may appoint a referee therein. A referee must not have a relationship to the parties, counsel, action, or court that would require disqualification of a judge under the Code of Judicial Conduct, unless the parties consent with the court's approval to appointment of a particular person after disclosure of any potential grounds for disqualification. When a reference is made as provided by statute the fees and necessary expenses shall be ordered paid from such source as is designated therein, otherwise the compensation to be allowed to a referee shall be fixed by the court, and shall be charged upon such of the parties or paid out of any fund or subject matter of the action, which is in the custody and control of the court as the court may direct. The referee shall not retain his report as security for his compensation; but when the party ordered to pay the compensation allowed by the court does not pay it after notice and within the time prescribed by the court, the referee is entitled to a writ of execution against the delinquent party.In cases involving an order for support as defined in subdivision 25-7A-1(12), any referee appointed to hear the case may recommend the imposition of attorney's fees and costs on one or both of the parties. The referee in any hearing held pursuant to chapter 25-7A and the provisions of §§25-7A-6 and 25-7A-22, shall be compensated by the court. Source: SD RCP, Rule 53 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1989, ch 175, §1; SL 2006, ch 327 (Supreme Court Rule 06-53), eff. July 1, 2006.
SD Codified L § 15-6-53(B) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-53(B) - Reference.

15-6-53(b). Reference.Except as provided in chapter 25-7A, a reference to a referee shall be the exception and not the rule. In actions to be tried by a jury, a reference shall be made only when the issues are complicated; in actions to be tried without a jury, save in matters of account and difficult computation of damages, a reference shall be made only upon a showing that some exceptional condition requires it. Source: SD RCP, Rule 53 (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 1989, ch 175, §2.
SD Codified L § 15-6-53(C) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-53(C) - Powers of referee.

15-6-53(c). Powers of referee.The order of reference to the referee may specify or limit his powers and may direct him to report only upon particular issues or to do or perform particular acts or to receive and report evidence only and may fix the time and place for beginning and closing the hearings and for the filing of the referee's report. Subject to the specifications and limitations stated in the order, the referee has and shall exercise the power to regulate all proceedings in every hearing before him and to do all acts and take all measures necessary or proper for the efficient performance of his duties under the order. He may require the production before him of evidence upon all matters embraced in the reference, including the production of all books, papers, vouchers, documents, and writings applicable thereto. He may rule upon the admissibility of evidence unless otherwise directed by the order of reference and has the authority to put witnesses on oath and may himself examine them and may call the parties to the action and examine them upon oath. When a party so requests the referee shall make a record of the evidence offered and excluded in the same manner and subject to the same limitations as provided in §15-6-43(c) for a court sitting without a jury. Source: SD RCP, Rule 53 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-53(D) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-53(D) - Proceedings before referee.

15-6-53(d). Proceedings before referee.(1)Meetings. When a reference is made, the clerk shall forthwith furnish the referee with a copy of the order of reference. Upon receipt thereof unless the order of reference otherwise provides, the referee shall forthwith set a time and place for the first meeting of the parties or their attorneys to be held within twenty days after the date of the order of reference and shall notify the parties or their attorneys. It is the duty of the referee to proceed with all reasonable diligence. Either party, on notice to the parties and referee, may apply to the court for an order requiring the referee to speed the proceedings and to make his report. If a party fails to appear at the time and place appointed, the referee may proceed ex parte or, in his discretion, adjourn the proceedings to a future day, giving notice to the absent party of the adjournment.(2)Witnesses. The parties may procure the attendance of witnesses before the referee by the issuance and service of subpoenas as provided in §15-6-45. If without adequate excuse a witness fails to appear or give evidence, he may be punished as for a contempt and be subjected to the consequences, penalties, and remedies provided in §§15-6-37 and 15-6-45.(3)Statement of Accounts. When matters of accounting are in issue before the referee, he may prescribe the form in which the accounts shall be submitted and in any proper case may require or receive in evidence a statement by a certified public accountant who is called as a witness. Upon objection of a party to any of the items thus submitted or upon a showing that the form of statement is insufficient, the referee may require a different form of statement to be furnished, or the accounts or specific items thereof to be proved by oral examination of the accounting parties or upon written interrogatories or in such other manner as he directs. Source: SD RCP, Rule 53 (d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-53(E) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-53(E) - Report of referee.

15-6-53(e). Report of referee.(1)Contents and Filing. The referee shall prepare a report upon the matters submitted to him by the order of reference and, if required to make findings of fact and conclusions of law, he shall set them forth in the report. He shall file the report with the clerk of the court and in an action to be tried without a jury, unless otherwise directed by the order of reference, shall file with it a transcript of the proceedings and of the evidence and the original exhibits. The clerk shall forthwith mail to all parties notice of the filing.(2)In Nonjury Actions. In an action to be tried without a jury the court shall accept the referee's findings of fact unless clearly erroneous. Within ten days after being served with notice of the filing of the report any party may serve written objections thereto upon the other parties. Application to the court for action upon the report and upon objections thereto shall be by motion and upon notice as prescribed in §15-6-6(d). The court after hearing may adopt the report or may modify it or may reject it in whole or in part or may receive further evidence or may recommit it with instructions.(3)In Jury Actions. In an action to be tried by a jury the referee shall not be directed to report the evidence. His findings upon the issues submitted to him are admissible as evidence of the matters found and may be read to the jury, subject to the ruling of the court upon any objections in point of law which may be made to the report.(4)Stipulation as to Findings. The effect of a referee's report is the same whether or not the parties have consented to the reference; but, when the parties stipulate that a referee's findings of fact shall be final, only questions of law arising upon the report shall thereafter be considered.(5)Draft Report. Before filing his report a referee may submit a draft thereof to counsel for all parties for the purpose of receiving their suggestions. Source: SD RCP, Rule 53 (e), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-54 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-54 - 15-6-54.Judgments--costs

  15-6-54.   Judgments--costs
SD Codified L § 15-6-54(A) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-54(A) - Definition--Form of judgment.

15-6-54(a). Definition--Form of judgment."Judgment" as used in this chapter includes a decree and means the final determination of the rights of the parties in an action or proceeding. A judgment shall not contain a recital of pleadings, the report of a referee, or the record of prior proceedings. Every direction of a court or judge, made or entered in writing and not included in a judgment, is denominated an order. Source: SDC 1939 & Supp 1960, §§33.1404, 33.1701; SD RCP, Rule 54 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-54(B) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-54(B) - Judgment upon multiple claims or involving multiple parties.

15-6-54(b). Judgment upon multiple claims or involving multiple parties.When multiple claims for relief or multiple parties are involved in an action, the court may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment. In the absence of such determination and direction, any order or other form of decision, however designated, which adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties shall not terminate the action as to any of the claims or parties, and the order or other form of decision is subject to revision at any time before the entry of judgment adjudicating all the claims and the rights and liabilities of all the parties. Source: SDC 1939 & Supp 1960, §33.1704; SD RCP, Rule 54 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-54(C) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-54(C) - Demand for judgment.

15-6-54(c). Demand for judgment.A judgment by default shall not be different in kind from or exceed in amount that prayed for in the demand for judgment. Except as to a party against whom a judgment is entered by default, every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in his pleadings. Source: SDC 1939 & Supp 1960, §33.1703; SD RCP, Rule 54 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-55 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-55 - 15-6-55.Default

  15-6-55.   Default
SD Codified L § 15-6-55(A) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-55(A) - Entry of default.

15-6-55(a). Entry of default.When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by this chapter that fact shall be made to appear by affidavit. Source: SD RCP, Rule 55 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-55(B) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-55(B) - Default judgment.

15-6-55(b). Default judgment.Judgment by default may be entered as follows:(1)By the Court. In all cases the party entitled to a judgment by default shall apply to the court therefor; but no judgment by default shall be entered against a minor or incompetent person unless represented in the action by a guardian, conservator or guardian ad litem who has appeared therein. If the party against whom judgment by default is sought has appeared in the action, he (or, if appearing by representative, his representative) shall be served with written notice of the application for judgment at least three days prior to the hearing on such application. If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the court may conduct such hearings or order such references as it deems necessary and proper and shall accord a right of trial by jury to the parties when and as required by any statute of this state.(2)Filing. No default judgment shall be rendered against a defendant until a complaint has been on file at least twenty days unless the complaint has been served with a summons.(3)Service by Publication. In actions where the service of the summons was by publication before rendering judgment the court may in its discretion require the plaintiff to cause to be filed satisfactory security to abide the order of the court touching the restitution of any estate or effects which may be directed by such judgment to be transferred or delivered or the restitution of any money that may be collected under or by virtue of such judgment in case the defendant or his representative shall apply and be admitted to defend the action and shall succeed in such defense. Source: SDC 1939 & Supp 1960, §33.1707; SD RCP, Rule 55 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1993, ch 213, §91.
SD Codified L § 15-6-55(C) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-55(C) - Setting aside default.

15-6-55(c). Setting aside default.For good cause shown the court may set aside a judgment by default in accordance with §15-6-60(b). Source: SD RCP, Rule 55 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 84-6.
SD Codified L § 15-6-55(D) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-55(D) - Plaintiffs, counterclaimants and cross-claimants entitled to default.

15-6-55(d). Plaintiffs, counterclaimants and cross-claimants entitled to default.The provisions of §15-6-55 apply whether the party entitled to the judgment by default is a plaintiff, a third-party plaintiff, or a party who has pleaded a cross-claim or counterclaim. In all cases a judgment by default is subject to the limitations of §15-6-54(c). Source: SD RCP, Rule 55 (d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-56 (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-56 - 15-6-56.Summary judgment

  15-6-56.   Summary judgment
SD Codified L § 15-6-56(A) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-56(A) - Summary judgment for claimant.

15-6-56(a). Summary judgment for claimant.A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may, at any time after the expiration of thirty days from the commencement of the action or after service of a motion for summary judgment by the adverse party, move with or without supporting affidavits for a summary judgment in his favor upon all or any part thereof. Source: SD RCP, Rule 56 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-56(B) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-56(B) - Summary judgment for defending party.

15-6-56(b). Summary judgment for defending party.A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in his favor as to all or any part thereof. Source: SD RCP, Rule 56 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-56(C) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-56(C) - Motion for summary judgment and proceedings thereon.

15-6-56(c). Motion for summary judgment and proceedings thereon. Unless different periods are fixed or permitted by order of the court, the motion and supporting brief, statement of undisputed material facts, and any affidavits shall be served not later than twenty-eight calendar days before the time specified for the hearing; any response or reply thereto, including any response to the movant’s statement of undisputed material facts, shall be served not later than fourteen calendar days before the hearing; and a reply brief or affidavit may be served by the movant not later than seven calendar days before the hearing. The time computation rules of SDCL 15-6-6(a) requiring the exclusion of intermediate Saturdays, Sundays, and legal holidays shall not apply to the seven-calendar-day reply period.(1) A party moving for summary judgment shall attach to the motion a separate, short, and concise statement of the material facts as to which the moving party contends there is no genuine issue to be tried. Each material fact in this required statement must be presented in a separate numbered statement and with appropriate citation to the record in the case.(2) A party opposing a motion for summary judgment shall include a separate, short, and concise statement of the material facts as to which the opposing party contends a genuine issue exists to be tried. The opposing party must respond to each numbered paragraph in the moving party's statement with a separately numbered response and appropriate citations to the record.(3)All material facts set forth in the statement that the moving party is required to serve shall be admitted unless controverted by the statement required to be served by the opposing party.The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages. Source: SD RCP, Rule 56 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 2006, ch 329 (Supreme Court Rule 06-55), eff. July 1, 2006; SL 2007, ch 302 (Supreme Court Rule 06-70), eff. Jan. 1, 2007; SL 2008, ch 281 (Supreme Court Rule 07-02), eff. Jan. 1, 2008; SL 2021, ch 256 (Supreme Court Rule 21-04), eff. Jul. 1, 2021.
SD Codified L § 15-6-56(D) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-56(D) - Case not fully adjudicated on motion for summary judgment.

15-6-56(d). Case not fully adjudicated on motion for summary judgment.If on motion under §15-6-56 judgment is not rendered upon the whole case or for all the relief asked and a trial is necessary, the court at the hearing of the motion, by examining the pleadings and the evidence before it and by interrogating counsel, shall if practicable ascertain what material facts exist without substantial controversy and what material facts are actually and in good faith controverted. It shall thereupon make an order specifying the facts that appear without substantial controversy, including the extent to which the amount of damages or other relief is not in controversy, and directing such further proceedings in the action as are just. Upon the trial of the action the facts so specified shall be deemed established, and the trial shall be conducted accordingly. Source: SD RCP, Rule 56 (d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-56(E) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-56(E) - Form of affidavits for summary judgment--Further testimony--Defense required.

15-6-56(e). Form of affidavits for summary judgment--Further testimony--Defense required.Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. When a motion for summary judgment is made and supported as provided in §15-6-56, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in §15-6-56, must set forth specific facts showing that there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate, shall be entered against him. Source: SD RCP, Rule 56 (e), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-56(F) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-56(F) - Opposing summary judgment when affidavits are unavailable.

15-6-56(f). Opposing summary judgment when affidavits are unavailable.Should it appear from the affidavits of a party opposing the motion that he cannot for reasons stated present by affidavit facts essential to justify his opposition, the court may refuse the application for judgment or may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had or may make such other order as is just. Source: SD RCP, Rule 56 (f), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
SD Codified L § 15-6-56(G) (2021)
2021 South Dakota Codified Laws|Title 15 - Civil Procedure|Chapter 06 - Rules Of Procedure In Circuit Courts|Section 15-6-56(G) - Summary judgment affidavits made in bad faith.

15-6-56(g). Summary judgment affidavits made in bad faith.Should it appear to the satisfaction of the court at any time that any of the affidavits presented pursuant to §15-6-56 are presented in bad faith or solely for the purpose of delay, the court shall forthwith order the party employing them to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused him to incur, including reasonable attorney's fees, and any offending party or attorney may be adjudged guilty of contempt. Source: SD RCP, Rule 56 (g), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.