reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-60(b) - Relief on ground of mistake--Inadvertence--Excusable neglect--Newly discovered evidence--Fraud.

15-6-60(b). Relief on ground of mistake--Inadvertence--Excusable neglect--Newly discovered evidence--Fraud.
On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons:
(1)Mistake, inadvertence, surprise, or excusable neglect;
(2)Newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under §15-6-59(b);
(3)Fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party;
(4)The judgment is void;
(5)The judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or
(6)Any other reason justifying relief from the operation of the judgment.
The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than one year after the judgment, order or proceeding was entered or taken. A motion under this subdivision (b) does not affect the finality of a judgment or suspend its operation. Section 15-6-60 does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding, or to grant relief to a defendant not actually personally notified as provided by statute or to set aside a judgment for fraud upon the court.
Source:
SDC 1939 & Supp 1960, §33.0108; SD RCP, Rule 60 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-61 - Harmless Error.

15-6-61. Harmless Error.
No error in either the admission or the exclusion of evidence and no error or defect in any ruling or order or in anything done or omitted by the court or by any of the parties is ground for granting a new trial or for setting aside a verdict or for vacating, modifying, or otherwise disturbing a judgment or order, unless refusal to take such action appears to the court inconsistent with substantial justice. The court at every stage of the proceeding must disregard any error or defect in the proceeding which does not affect the substantial rights of the parties.
Source:
SD RCP, Rule 61, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-62(a) - Automatic stay of execution--Exceptions--Injunctions and receiverships.

15-6-62(a). Automatic stay of execution--Exceptions--Injunctions and receiverships.
Except as stated herein or as otherwise ordered by the court for good cause shown, or upon default judgment, no execution shall issue upon a judgment nor shall proceedings be taken for its enforcement until the expiration of thirty days after its entry. Unless otherwise ordered by the court, temporary or permanent judgment in an action for an injunction or in a receivership action shall not be stayed during the period after its entry and until an appeal is taken or during the pendency of an appeal. The provisions of §15-6-62(c) govern the suspending, modifying, restoring, or granting of an injunction during the pendency of an appeal.
Source:
SD RCP, Rule 62 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule No. 4, 1972, effective January 1, 1973; SL1978, ch 155, §3.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-62(b) - Stay of execution on motion for new trial or for judgment.

15-6-62(b). Stay of execution on motion for new trial or for judgment.
In its discretion and on such conditions for the security of the adverse party as are proper, the court may stay the execution of or any proceedings to enforce a judgment pending the disposition of a motion for a new trial made pursuant to §15-6-59, or of a motion for relief from a judgment or order made pursuant to §15-6-60, or of a motion for judgment in accordance with a motion for a directed verdict made pursuant to §15-6-50.
Source:
SD RCP, Rule 62 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-62(c) - Injunction pending appeal.

15-6-62(c). Injunction pending appeal.
Injunction pending appeal shall be as provided in chapter 15-26A.
Source:
SD RCP, Rule 62 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-62(d) - Stay upon appeal.

15-6-62(d). Stay upon appeal.
Stay upon appeal shall be as provided in chapter 15-26A.
Source:
SD RCP, Rule 62 (d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-62(e) - Stay in favor of the state or agency thereof.

15-6-62(e). Stay in favor of the state or agency thereof.
Any stay in favor of the state or agency thereof shall be as provided in chapter 15-26A.
Source:
SD RCP, Rule 62 (e), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-62(f) - Power of Supreme Court not limited.

15-6-62(f). Power of Supreme Court not limited.
The provisions in §15-6-62 do not limit any power of the Supreme Court to stay proceedings during the pendency of an appeal or to suspend, modify, restore, or grant an injunction during the pendency of an appeal or to make any order appropriate to preserve the status quo or the effectiveness of the judgment subsequently to be entered.
Source:
SD RCP, Rule 62 (f), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-62(g) - Stay of judgment as to multiple claims or multiple parties.

15-6-62(g). Stay of judgment as to multiple claims or multiple parties.
When a court has ordered a final judgment under the conditions stated in §15-6-54(b), the court may stay enforcement of that judgment until the entering of a subsequent judgment or judgments and may prescribe such conditions as are necessary to secure the benefit thereof to the party in whose favor the judgment is entered.
Source:
SD RCP, Rule 62 (g), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-63 - Disability of a judge.

15-6-63. Disability of a judge.
If by reason of death, sickness, or other disability or separation from office, a judge before whom an action has been tried is unable to perform the duties to be by him performed after a verdict is returned or findings of fact and conclusions of law are filed, then any other judge regularly sitting in or assigned to the court in which the action was tried may perform those duties; but if such other judge is satisfied that he cannot perform those duties because he did not preside at the trial or for any other reason, he may, in his discretion, grant a new trial.
Source:
SD RCP, Rule 63, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-64 - Seizure of person or property.

15-6-64. Seizure of person or property.
At the commencement of and during the course of an action, all remedies providing for seizure of person or property for the purpose of securing satisfaction of the judgment ultimately to be entered in the action are available under the circumstances and in the manner provided by the law of the state.
Source:
SD RCP, Rule 64, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-65(a) - Preliminary injunction.

15-6-65(a). Preliminary injunction.
No preliminary injunction shall be issued without notice to the adverse party.
Before or after the commencement of the hearing of an application for a preliminary injunction, the court may order the trial of the action on the merits to be advanced and consolidated with the hearing of the application. Even when this consolidation is not ordered, any evidence received on an application for a preliminary injunction which would be admissible on the trial on the merits, becomes part of the record on the trial and need not be repeated at the trial. This paragraph shall be construed and applied to save to the parties any rights they may have to trial by a jury.
Source:
SL 1978, ch 155, §4.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-65(b) - Temporary restraining order without notice.

15-6-65(b). Temporary restraining order without notice.
Where no provision is made by statute, a temporary restraining order may be granted without written or oral notice to the adverse party or his attorney only if:
(1)It clearly appears from specific facts shown by affidavit or by the verified complaint that immediate and irreparable injury, loss, or damage will result to the applicant before the adverse party or his attorney can be heard in opposition; and
(2)The applicant's attorney certifies to the court in writing the efforts, if any, which have been made to give the notice or the reasons supporting his claim that notice should not be required.
Every temporary restraining order granted without notice shall be indorsed with the date and hour of issuance; shall be filed forthwith in the clerk's office and entered of record; shall define the injury and state why it is irreparable and why the order was granted without notice; and, except in actions arising under chapters 25-3 and 25-4, shall expire by its terms within such time after entry, not to exceed ten days, as the court fixes, unless within the time so fixed the order, for good cause shown, is extended for a like period or unless the party against whom the order is directed consents that it may be extended for a longer period. The reasons for the extension shall be entered of record. In case a temporary restraining order is granted without notice, the motion for a preliminary injunction shall be set down for hearing at the earliest possible time and takes precedence over all matters except older matters of the same character. When the motion comes on for hearing the party who obtained the temporary restraining order shall proceed with the application for a preliminary injunction and, if he does not do so, the court shall dissolve the temporary restraining order. On two days' notice to the party who obtained the temporary restraining order without notice or on such shorter notice to that party as the court may prescribe, the adverse party may appear and move its dissolution or modification and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require. Temporary restraining orders by their very nature may not be appealed.
Source:
SD RCP, Rule 65, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SDCL, §15-6-65; SL 1978, ch 155, §4.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-65(c) - Undertaking required on preliminary injunction or temporary restraining order--Ascertainment of damages.

15-6-65(c). Undertaking required on preliminary injunction or temporary restraining order--Ascertainment of damages.
Where no provision is made by statute for security on a preliminary injunction or temporary restraining order, the court shall require a written undertaking on the part of the applicant with or without sureties in such sum as the court deems proper, to the effect that the applicant will pay to the party enjoined such costs and damages not exceeding the amount to be specified, as he may sustain by reason of the preliminary injunction or temporary restraining order, if the court finally decides that the applicant was not entitled thereto. The damages may be ascertained by reference or otherwise as the court shall direct. No such security shall be required of the State of South Dakota or of an officer or agency thereof.
Source:
SDC 1939 & Supp 1960, §37.4306; SDCL, §21-8-10; SL 1978, ch 155, §4.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-65(d) - Contents of order--Parties bound.

15-6-65(d). Contents of order--Parties bound.
Every order granting an injunction and every restraining order shall set forth the reasons for its issuance; shall be specific in terms; shall describe in reasonable detail, and not by reference to the complaint or other document, the act or acts sought to be restrained; and is binding only upon the parties to the action, their officers, agents, servants, employees, and attorneys, and upon those persons in active concert or participation with them who receive actual notice of the order by personal service or otherwise. In addition, and pursuant to §15-6-52(a), the court for preliminary injunctions shall set forth the findings of fact and conclusions of law which constitute the grounds of its action.
Source:
SL 1978, ch 155, §4.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-66 - Receivers.

15-6-66. Receivers.
An action wherein a receiver has been appointed shall not be dismissed except by order of the court. The practice in the administration of estates by receivers or by other similar officers appointed by the court shall be in accordance with statute and the practice heretofore followed in courts of this state. In all other respects the action in which the appointment of a receiver is sought or which is brought by or against a receiver is governed by this chapter.
Source:
SD RCP, Rule 66, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-67(a) - Deposit in an action.

15-6-67(a). Deposit in an action.
In an action in which any part of the relief sought is a judgment for a sum of money or the disposition of a sum of money or the disposition of any other thing capable of delivery, a party, upon notice to every other party, and by leave of court, may deposit with the court all or any part of such sum or thing. Money paid into court under §15-6-67 shall be deposited and withdrawn as ordered by the court.
Source:
SD RCP, Rule 67 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-67(b) - Deposit in court by substitution.

15-6-67(b). Deposit in court by substitution.
A defendant against whom an action is pending upon a contract or for specific real or personal property may at any time before answer upon affidavit that a person not a party to the action, and without collusion with him, makes against him a demand for the same debt or property, upon due notice to such person and the adverse party, apply to the court for an order to substitute such person in his place and discharge him from liability to either party on his depositing in court the amount of the debt, or delivering the property or its value to such person as the court may direct; and the court may in its discretion make the order.
Source:
SDC 1939 & Supp 1960, §33.0415; SD RCP, Rule 67 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-67(c) - Deposit in court when no action is brought.

15-6-67(c). Deposit in court when no action is brought.
Whenever any person has in his possession or control as bailee or otherwise, any personal property to which two or more persons make adverse claims, or he has notice of such claims and is unable to determine or is in doubt as to the rightful owner or who is rightfully entitled to the possession thereof, he may apply to the circuit judge of the circuit wherein such property is situated, upon an affidavit describing the property, stating its value and the nature of the controversy concerning the same, for an order designating a depository, and such judge shall thereupon designate some suitable depository to receive and care for such property, subject to the orders of the circuit court within the county wherein the property is situated; and the person having any such property in his possession or control having deposited the same with such depository, shall forthwith notify personally or by registered or certified mail, all persons of whom he has knowledge or notice who have or claim to have any interest in or lien upon such property or any part thereof, of such deposit; and upon giving such notice such person shall be released and discharged from further liability to any person on account of such property; provided that he may be required, upon the application of any person interested therein, to appear and make disclosures before the court in which any action affecting such property may be pending, or the judge who designates such depository, concerning said property. If the address of any person having or making any claim cannot be ascertained, an affidavit to that effect shall be filed with the depository and the giving of notice to such person shall not be required.
Source:
SDC 1939 & Supp 1960, §33.0415; SD RCP, Rule 67 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-67(d) - Court may order deposit or seizure of property.

15-6-67(d). Court may order deposit or seizure of property.
When it is admitted by the pleading or examination of a party that he has in his possession or control any money or other thing capable of delivery which, being the subject of the litigation, is held by him as trustee for another party, or which belongs or is due to another party, the court may order the same to be deposited in court or delivered to such other party, with or without security, subject to further direction. If such order be disobeyed, the court may punish the disobedience as a contempt, and may also require the sheriff or other proper officer to take the money or property and deposit or deliver it in accordance with the direction given.
Source:
SDC 1939 & Supp 1960, §§37.5201, 37.5203; SD RCP, Rule 67 (d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-67(e) - Voluntary partial payment as credit against judgment.

15-6-67(e). Voluntary partial payment as credit against judgment.
After entry of judgment any voluntary partial payment of a claim shall be treated as a credit against the judgment, and shall be deductible from the amount of the judgment.
Source:
SL 1966, ch 141; SDCL, §19-2-10; SL 1979, ch 154, §4.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-68 - Offer of Judgment.

15-6-68. Offer of Judgment.
At any time more than ten days before the trial begins, any party may serve upon an adverse party an offer to allow judgment to be taken against the party for money or property or to the effect specified in the offer, with costs then accrued. If, within ten days after the service of the offer, the adverse party serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service thereof and thereupon the clerk shall enter judgment. An offer not accepted shall be deemed withdrawn and evidence thereof is not admissible except in a proceeding to determine costs. If the judgment finally obtained by the offeree is not more favorable than the offer, the offeree must pay the costs incurred after the making of the offer. The fact that an offer is made but not accepted does not preclude a subsequent offer. If the liability of one party to another has been determined by verdict or order or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which shall have the same effect as an offer made before trial if it is served within a reasonable time not less than ten days prior to the commencement of hearings to determine the amount or extent of liability.
Source:
SDC 1939 & Supp 1960, §§33.1809, 33.1810; SD RCP, Rule 68, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; amended by Sup. Ct. Order No. 2, March 31, 1969, effective July 1, 1969; SL 2006, ch 273 (Supreme Court Rule 05-12), effective Nov. 2, 2005.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-69 - Execution.

15-6-69. Execution.
Process to enforce a judgment for the payment of money shall be a writ of execution, unless the court directs otherwise. The procedure on execution in proceedings supplementary to and in aid of a judgment, and in proceedings on and in aid of execution shall be in accordance with applicable statute or rule. In aid of a judgment or execution, the judgment creditor, or his successor in interest when that interest appears of record, may obtain discovery from any person, including the judgment debtor in the manner provided in these rules.
Source:
SD RCP, Rule 69, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 76-3, §17.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-70 - Judgment for specific acts--Vesting title.

15-6-70. Judgment for specific acts--Vesting title.
If a judgment directs a party to execute a conveyance of land or to deliver deeds or other documents or to perform any other specific act and the party fails to comply within the time specified, the court may direct the act to be done at the cost of the disobedient party by some other person appointed by the court and the act when so done has like effect as if done by the party. On application of the party entitled to performance, the clerk shall issue a writ of attachment or sequestration against the property of the disobedient party to compel obedience to the judgment. The court may also in proper cases adjudge the party in contempt. If real or personal property is within the state, the court in lieu of directing a conveyance thereof may enter a judgment divesting the title of any party and vesting it in others and such judgment has the effect of a conveyance executed in due form of law. When any order or judgment is for the delivery of possession, the party in whose favor it is entered is entitled to a writ of execution or assistance upon application to the clerk.
Source:
SDC 1939 & Supp 1960, §33.1906; SD RCP, Rule 70, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-71 - Process in behalf of and against persons not parties.

15-6-71. Process in behalf of and against persons not parties.
When an order is made in favor of a person who is not a party to the action, he may enforce obedience to the order by the same process as if he were a party; and, when obedience to an order may be lawfully enforced against a person who is not a party, he is liable to the same process for enforcing obedience to the order as if he were a party.
Source:
SD RCP, Rule 71, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-72.1 - Local intergovernmental actions--Expedited action--Alternative dispute resolution.

15-6-72.1. Local intergovernmental actions--Expedited action--Alternative dispute resolution.
In order to facilitate the quick and efficient resolution of disputes, whenever two or more local governmental bodies are engaged in a legal dispute, on motion of any party or on its own, the court may order the parties to proceed:
(1)Under the expedited civil action process set out in §§ 15-6-73 to 15-6-76.1, inclusive, regardless of any amount in controversy; or
(2)To alternative dispute resolution, other than binding arbitration, on such terms as the court may order.
Source:
SL 2021, ch 85, § 1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-72.2 - Definition--Local government body.

15-6-72.2. Definition--Local government body.
For the purposes of § 15-6-72.1, the term, local government body, shall mean:
(1)Any county, municipality, township, or unincorporated territory;
(2)Any school district;
(3)Any organization that offers a public service, organized or authorized by a county, municipality, or township, including law enforcement, fire protection services, or emergency medical services; and
(4)Any special district including ambulance districts under chapter 34-11A, conservation districts under chapter 38-8, consumer power districts under chapters 49-35 through 49-40, drainage basis utility districts under chapter 46A-10B, improvement districts under chapter 7-25A, irrigation districts under chapters 46A-4 through 46A-7, predator control districts under chapter 40-37, public hospital districts under chapter 34-10, regional railroad authorities under chapter 49-17A, regional recycling and waste management districts under chapter 34A-16, road districts under chapter 31-12A, rural fire protection districts under chapter 34-31A, sanitary districts under chapter 34A-5, water development districts under chapters 46A-3A through 46A-3E, water project districts under chapter 46A-18, water user districts under chapter 46A-9, or watershed districts under chapter 46A-14.
Source:
SL 2021, ch 85, § 2.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-73 - Discovery in expedited civil actions.

15-6-73. Discovery in expedited civil actions.
(1) Discovery period. Except upon agreement of the parties or leave of court granted upon a showing of good cause, all discovery must be completed no later than 60 days before trial.
(2) Limited and simplified discovery procedures. Except upon agreement of the parties or leave of court granted upon a showing of good cause, discovery in expedited civil actions is subject to the following additional limitations:
(A)Interrogatories to parties. Each side may serve no more than 10 interrogatories, including all discrete subparts, on any other side under §15-6-33.
(B)Production of documents. Each side may serve no more than 10 requests for production, including all discrete subparts, on any other side under §15-6-34.
(C)Requests for admission. Each side may serve no more than 10 requests for admission, including all discrete subparts, on any other side under §15-6-36. This limit does not apply to requests for admission of the genuineness of documents that the party intends to offer into evidence at trial.
(D)Depositions upon oral examination.
(i)Parties. One deposition of each party may be taken. With regard to corporations, partnerships, voluntary associations, or any other groups or entities named as a party, one representative deponent may be deposed.
(ii)Other deponents. Each side may take the deposition of up to two nonparties.
(3) Number of expert witnesses. Each side is entitled to one retained expert, except upon agreement of the parties or leave of court granted upon a showing of good cause.
(4) Motion for leave of court. A motion for leave of court to modify the limitations provided in this section must be in writing and must set forth the proposed additional discovery and the reasons establishing good cause for its use.
Source:
SL 2016, ch 238 (Supreme Court Rule 15-16), eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-74 - Motions.

15-6-74. Motions.
(1) Motions to dismiss. Any party may file any motion permitted by §15-6-12(b). Unless the court orders a stay, the filing of a motion to dismiss will not eliminate or postpone otherwise applicable pleading or disclosure requirements.
(2) Motions for summary judgment.
(A)Any party may file any motion permitted by §15-6-56.
(B)Limited number. Each party may file no more than one motion for summary judgment under §15-6-56. The motion may include more than one ground.
(C)Deadline. Motions for summary judgment under §15-6-56 must be filed no later than 90 days before trial.
Source:
SL 2016, ch 238 (Supreme Court Rule 15-16), eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-76 - Settlement conference--Alternative dispute resolution.

15-6-76. Settlement conference--Alternative dispute resolution.
Unless the parties have agreed to engage in alternative dispute resolution or are required to do so by contract or statute, the court may not, by order or local rule, require the parties to engage in a settlement conference or any other form of alternative dispute resolution.
Source:
SL 2016, ch 238 (Supreme Court Rule 15-16), eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-76.1 - Claim preclusion--Issue preclusion.

15-6-76.1. Claim preclusion--Issue preclusion.
Judgments or orders in an expedited civil action may not be relied upon to establish claim preclusion or issue preclusion unless the party seeking to rely on a judgment or order for preclusive effect was either a party or in privity with a party in the expedited civil action.
Source:
SL 2016, ch 238 (Supreme Court Rule 15-16), eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-77(a) - Trial courts of record always open.

15-6-77(a). Trial courts of record always open.
Trial courts of record shall be deemed always open for the purpose of filing any pleading or other proper paper, of issuing and returning mesne and final process, and of making and directing all interlocutory motions, orders, and rules.
Source:
SD RCP, Rule 77 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-77(b) - Trials and hearings--Orders in chambers.

15-6-77(b). Trials and hearings--Orders in chambers.
All trials upon the merits shall be conducted in open court and so far as convenient in a regular courtroom. All other acts or proceedings may be done or conducted by a judge in chambers, without the attendance of the clerk or other court officials and at any place either within or without the circuit; but no hearing, other than one ex parte, shall be conducted outside the circuit without the consent of all parties affected thereby.
Source:
SDC 1939 & Supp 1960, §33.1401; SD RCP, Rule 77 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-77(c) - Clerk's office and orders by clerk.

15-6-77(c). Clerk's office and orders by clerk.
All motions and applications in the clerk's office for issuing mesne process, for issuing final process to enforce and execute judgments, and for other proceedings which do not require allowance or order of the court are grantable of course by the clerk; but his action may be suspended or altered or rescinded by the court upon cause shown.
Source:
SD RCP, Rule 77 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-80 - Stenographic report or transcript as evidence.

15-6-80. Stenographic report or transcript as evidence.
Whenever the testimony of a witness at a trial or hearing which was stenographically reported is admissible in evidence at a later trial or hearing, it may be proved by the transcript thereof duly certified by the person who reported the testimony.
Source:
SD RCP, Rule 80, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-81(c) - Appeals to circuit courts.

15-6-81(c). Appeals to circuit courts.
This chapter does not supersede the provisions of statutes relating to appeals to the circuit courts.
Source:
SD RCP, Rule 81 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-81(d) - Chapter incorporated into statutes.

15-6-81(d). Chapter incorporated into statutes.
Where any statute heretofore or hereafter enacted, whether or not listed in Appendix A to this chapter, provides that any act in a civil proceeding shall be done in the manner provided by law, such act shall be done in accordance with this chapter.
Source:
SD RCP, Rule 81 (d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-82 - Jurisdiction and venue.

15-6-82. Jurisdiction and venue.
This chapter shall not be construed to extend or limit the jurisdiction of the circuit courts of South Dakota or the venue of actions therein.
Source:
SD RCP, Rule 82, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-83 - Rules by courts of record.

15-6-83.Rules by courts of record.
A majority of the judges in each circuit court may make and amend rules governing practice not inconsistent with the rules contained in this chapter. Notice of the intent to adopt, amend, or repeal any rule shall be given by filing a copy of the proposed rule, amendment, or repeal in the office of the clerk of courts in each county within the circuit to be affected and by giving notice indicating the purpose of the proposed rule, amendment, or repeal in general terms and fixing a time and place, not sooner than thirty days following the date of notice, at which any person may appear and be heard regarding the proposed adoption, amendment, or repeal. Notice of the proposed adoption, amendment, or repeal of several rules may be given at one time and in one notice. The notice required by this rule may be given by posting notice at the Unified Judicial System's website at http://www.ujs.sd.gov/ or the State Bar of South Dakota's website at http://www.sdbar. org/. Electronic mail notification shall also be provided to members of the State Bar of South Dakota.
Any rule, or amendment or repeal thereof, adopted pursuant to this section shall become effective upon being filed with and approved by the Supreme Court. Upon being approved, all such rules, amendments or repeals thereof shall be filed by the Supreme Court with the code counsel, who shall publish them as an appendix to Title 15 of the code. Any rules heretofore adopted pursuant to this section are hereby nullified.
Source:
SD RCP, Rule 83, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 85-9; SL 2018, ch 286 (Supreme Court Rule 17-07), eff. Sept. 1, 2017.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-84 - Forms.

15-6-84. Forms.
The forms contained in the Appendix of Forms are sufficient under this chapter and are intended to indicate the simplicity and brevity of statement which this chapter contemplates.
Source:
SD RCP, Rule 84, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-85 - Title.

15-6-85. Title.
This chapter shall be known as Rules of Civil Procedure and cited as RCP.
Source:
SD RCP, Rule 85, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-86 - Effective date.

15-6-86. Effective date.
This chapter governs all proceedings and actions brought after July 1, 1966, and also all further proceedings in actions then pending, except to the extent that in the opinion of the court its application in a particular action pending when the rules take effect would not be feasible, or would work injustice, in which event the procedure existing at the time the action was brought applies.
Source:
SD RCP, Rule 86, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-A - SPECIAL PROCEEDINGS (See §15-6-81(a))

APPENDIX A. SPECIAL PROCEEDINGS (See § 15-6-81(a))
Following is a list of statutes and special proceedings which will be excepted from these rules insofar as they are inconsistent or in conflict with the procedure and practice provided by these rules:
SDCL
3-5 Approval of bond of public officer.
3-17 Actions for removal of local officers.
7-32 Proceedings for abandonment and sale of county property.
9-6 Dissolution of municipalities.
11-3 Proceeding to alter or vacate plats.
12-21 Recount of ballots and certiorari to review.
12-22 General election contest.
12-22 Primary election contest.
13-17 Compromise of judgments against school districts.
15-8 Supplementary judgment against joint debtors.
15-15 Proceedings relating to unorganized counties.
21-4 Insofar as it provides for action by parent, brother, sister
or person in loco parentis.
21-14, 21-41 Actions to determine adverse claims to real estate.
21-16 Forcible entry and detainer.
21-22 Administration of trusts.
21-23 Property sales in trusts, etc.
21-25 Stipulated cases.
21-26 Confession of judgment.
21-27 Habeas corpus.
21-29 Writ of mandamus.
21-30 Writ of prohibition.
21-31 Writ of certiorari.
21-34 Contempt proceedings.
21-35 Eminent domain.
21-36 Escheats.
21-37 Changing name of persons and places.
21-38 Restoration of public records.
21-44 Termination of life estates.
21-45 Partition of real estate.
21-47 Foreclosure of real estate mortgages by action.
21-51 Discharge of expired contracts, mortgages and other liens.
23-19 Adjudication of obscenity.
25-4 Divorce.
25-5 Habeas corpus to determine custody of minor.
25-7 Proceedings in transfer of property when spouse abandoned,
imprisoned or committed for mental illness.
25-8 Illegitimacy.
25-9 Reciprocal enforcement of support.
31-19 Condemnation proceedings for state highways.
31-19 Eminent domain.
34A-2 Enforcement of water pollution control orders.
38-8 Enforcement of land use regulations.
39-1 Proceeding for condemnation of food or drugs.
44-9 Mechanics liens.
45-4 Survey of disputed mining claim.
45-5 Acquisition of right-of-way to mines.
46A-6 Approval of bonds of irrigation districts.
46A-10 Determination of drainage matters.
46A-13 Proceeding for interstate drainage districts.
47-6, 47-7 Proceedings by dissenting shareholders, involuntary
dissolution and liquidation of business corporations.
47-18 Stockholders derivative actions, involuntary dissolution and
liquidation of cooperatives.
47-26 Involuntary dissolution and liquidation of nonprofit
corporations.
47-29 Proceedings for sale of land by cemetery corporations.
49-3 Compelling production of evidence before public utilities
commission.
49-13 Proceedings to enforce public utilities commission orders.
49-35, 49-40 Organization and dissolution of consumer power districts.
51-27 Liquidation of banks.
54-9 Administration of assignment for benefit of creditors.
Source:
SD RCP, Appendix A, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 07 - Jurisdiction Of Persons › Section 15-7-1 - Persons, organizations, and entities subject to general jurisdiction provisions.

15-7-1. Persons, organizations, and entities subject to general jurisdiction provisions.
As used in §§15-7-1 to 15-7-5, inclusive, the term, person, whether or not a citizen or resident of this state, and whether or not organized under the laws of this state, includes an individual whether operating in his own name or under his trade name; an individual's agent or personal representative; a corporation; a limited liability company; a business trust; an estate; a trust; a partnership; an unincorporated association; and any two or more persons having a joint or common interest or any other legal or commercial entity.
Source:
SL 1965, ch 163, §1; SL 1994, ch 351, §35.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 07 - Jurisdiction Of Persons › Section 15-7-2 - Acts within the state subjecting persons to jurisdiction of the courts.

15-7-2. Acts within the state subjecting persons to jurisdiction of the courts.
Any person is subject to the jurisdiction of the courts of this state as to any cause of action arising from the doing personally, through any employee, through an agent or through a subsidiary, of any of the following acts:
(1)The transaction of any business within the state;
(2)The commission of any act which results in accrual within this state of a tort action;
(3)The ownership, use, or possession of any property, or of any interest therein, situated within this state;
(4)Contracting to insure any person, property, or risk located within this state at the time of contracting;
(5)Entering into a contract for services to be rendered or for materials to be furnished in this state by such person;
(6)Acting as director, manager, trustee, or other officer of any corporation organized under the laws of, or having its principal place of business within this state, or as personal representative of any estate within this state;
(7)Failure to support a minor child residing in South Dakota;
(8)Having sexual intercourse in this state, which act creates a cause of action for the determination of paternity of a child who may have been conceived by that act of intercourse;
(9)With respect to any action for divorce, separate maintenance, or spousal support the maintenance in this state of a matrimonial domicile at the time the claim arose or the commission in this state of an act giving rise to the claim, subject to the provisions of §25-4-30;
(10)Entering into negotiations with any person within the state with the apparent objective of contracting for services to be rendered or materials to be furnished in this state;
(11)Commencing or participating in negotiations, mediation, arbitration, or litigation involving subject matter located in whole or in part within the state;
(12)Doing any act for the purpose of influencing legislation, administrative rule-making or judicial or administrative decision-making by any local, state, or federal official whose official function is being performed within the state, providing that an appearance to contest personal jurisdiction shall not be within this subsection;
(13)The commission of any act which results in the accrual of an action in this state for a violation of the antitrust laws of the United States or chapter 37-1;
(14)The commission of any act, the basis of which is not inconsistent with the Constitution of this state or with the Constitution of the United States.
Source:
SL 1965, ch 163, §2; SL 1978, ch 146, §§1, 2; SL 1983, ch 156, §1; SL 1984, ch 190, §48; SL 1986, ch 162.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 07 - Jurisdiction Of Persons › Section 15-7-3 - Service of process outside the state.

15-7-3. Service of process outside the state.
Service of process upon the persons subject to §15-7-2 may be made by service outside this state in the same manner provided for service within this state with the same force and effect as though service had been made within this state.
Source:
SL 1965, ch 163, §3.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 07 - Jurisdiction Of Persons › Section 15-7-4 - Retroactive application of general jurisdiction provisions.

15-7-4. Retroactive application of general jurisdiction provisions.
The provisions of §§15-7-1 to 15-7-3, inclusive, shall apply to causes of action arising before enactment hereof.
Source:
SL 1965, ch 163, §4.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 07 - Jurisdiction Of Persons › Section 15-7-5 - Severability of general jurisdiction provisions.

15-7-5. Severability of general jurisdiction provisions.
If any provisions of §§15-7-1 to 15-7-4, inclusive, or the application thereof to any person or circumstances are 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 1965, ch 163, §5.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 07 - Jurisdiction Of Persons › Section 15-7-6 - Motor vehicle operation deemed appointment of secretary of state as agent to receive process--Binding on personal representative--Agreement as to legal force of process served.

15-7-6. Motor vehicle operation deemed appointment of secretary of state as agent to receive process--Binding on personal representative--Agreement as to legal force of process served.
The use and operation by a resident of this state or the resident's agent, or by a nonresident or the nonresident's agent of a motor vehicle within the State of South Dakota, shall be deemed an irrevocable appointment by the resident or the resident's agent when the resident has been absent from this state continuously for ninety days or more following a motor vehicle accident, or by the nonresident or the nonresident's agent at any time, of the secretary of State of South Dakota to be his or her true and lawful attorney upon whom may be served all legal process in any action or proceeding against the resident or nonresident or his or her personal representative growing out of such use and operation of a motor vehicle within this state, resulting in damages or loss to person or property, whether the damage or loss occurs on a highway or on abutting public or private property. The appointment is binding upon the nonresident's personal representative. The use or operation of a motor vehicle by the resident or nonresident is a signification of the resident's or nonresident's agreement that any such process in any action against the resident or nonresident or his or her personal representative which is so served, shall be of the same legal force and validity as if served upon the resident or nonresident personally or on the resident's or nonresident's personal representative.
Source:
SDC 1939, §33.0809; SL 1957, ch 178; SL 1963, ch 226; SL 1969, ch 153; SL 2006, ch 110, §1.