reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16 - Judgments › Section 15-16-7 - Lien of docketed judgment on real property within county--Duration of lien.

15-16-7. Lien of docketed judgment on real property within county--Duration of lien.
When a judgment has been docketed with a clerk of the circuit court, it shall be a lien on all the real property, except the homestead, in the county where the same is so docketed, of every person against whom any such judgment shall be rendered, and which he may have at the time of the docketing thereof in the county in which such real property is situated, or which he shall acquire at any time thereafter, for ten years from the time of docketing the same in the county where it was rendered, and no judgment shall become a lien on real property as herein provided unless it be docketed in the county where the land is situated.
Source:
SDC 1939 & Supp 1960, §33.1717.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16 - Judgments › Section 15-16-9 - Transcript and docketing of magistrate's judgment--Lien on real property--Docketing in other counties.

15-16-9. Transcript and docketing of magistrate's judgment--Lien on real property--Docketing in other counties.
A magistrate, on the demand of a party in whose favor he shall have rendered a judgment must give a certified transcript thereof which shall be filed in the office of the clerk of courts of the county in which the judgment was rendered and such clerk must thereupon enter such judgment in the judgment books, and upon the judgment docket; and, from the time of the docketing thereof, it becomes a judgment of the circuit court and a lien upon real property, and a certified transcript of the docket of such judgment may be filed, and the judgment docketed accordingly in any other county with the same effect as if the judgment had been rendered in the circuit court where such judgment is so docketed.
Source:
SDC 1939 & Supp 1960, §33.1716; SL 1974, ch 153, §8.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16 - Judgments › Section 15-16-10 - Docket entry as to judgment stayed pending appeal--Lien suspended.

15-16-10. Docket entry as to judgment stayed pending appeal--Lien suspended.
Whenever an appeal from any judgment shall be pending and the undertaking requisite to stay execution on such judgment shall have been given and the appeal perfected as provided in this title, the court in which such judgment was recovered may, on motion, after notice to the person owning the judgment, direct the clerk to make an entry on the judgment docket that the judgment is secured on appeal, and thereupon it shall cease, during the pendency of the appeal, to be a lien on the real property of the judgment debtor as against purchasers and mortgagees in good faith and for value.
Source:
SDC 1939 & Supp 1960, §33.1717.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16 - Judgments › Section 15-16-11 - Assignment of judgment--Docket entry.

15-16-11. Assignment of judgment--Docket entry.
Every clerk of courts, upon the presentation to the clerk of an assignment of any judgment rendered or docketed in the office of the clerk of courts, signed by the party in whose favor the judgment is rendered, the party's personal representative, successor in interest, or the duly appointed agent for the specific purpose thereof and acknowledged in the manner prescribed by law for the acknowledgment of deeds, shall immediately note the fact of such assignment, the date thereof, and the name of the assignee upon the docket of such judgment.
Source:
SDC 1939 & Supp 1960, §33.1718; SL 1990, ch 149, §4; SL 2011, ch 105, §1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16 - Judgments › Section 15-16-12 - Leave of court required for action on judgment.

15-16-12. Leave of court required for action on judgment.
No action shall be brought upon a judgment rendered in any court of this state, except a magistrate court, between the same parties, without leave of court for good cause shown, on notice to the adverse party.
Source:
SDC 1939 & Supp 1960, §33.0105; SL 1974, ch 153, §9.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16 - Judgments › Section 15-16-13 - Action on magistrate's judgment prohibited within five years--Circumstances under which action permitted.

15-16-13. Action on magistrate's judgment prohibited within five years--Circumstances under which action permitted.
No action on a judgment rendered by a magistrate shall be brought in the same county, within five years after its rendition, except in case of his death, resignation, incapacity to act, or removal from the county, or if the process was not personally served on the defendant, or on all the defendants, or in case of the death of some of the parties, or where the docket or record of such judgment shall have been lost or destroyed.
Source:
SDC 1939 & Supp 1960, §33.0105; SL 1974, ch 153, §10.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16 - Judgments › Section 15-16-14 - Cancellation and discharge of judgment permitted on acknowledgment of satisfaction.

15-16-14. Cancellation and discharge of judgment permitted on acknowledgment of satisfaction.
Any judgment rendered or docketed in the circuit courts of this state may be canceled and discharged by the clerk thereof upon the filing with him of an acknowledgment of the satisfaction thereof signed by the party in whose favor the judgment was obtained, his attorney of record, his personal representative, or assignee, and duly acknowledged in the manner required to admit a deed of real property to record.
Source:
SDC 1939 & Supp 1960, §33.1719 (1).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16 - Judgments › Section 15-16-15 - Cancellation of judgment on return of satisfaction--Docket entry.

15-16-15. Cancellation of judgment on return of satisfaction--Docket entry.
Upon the return of any execution, issued upon any judgment rendered or docketed in the circuit court, wholly satisfied or the presentation of a satisfaction piece duly executed and acknowledged as provided in §15-16-14, to the clerk of any circuit court, he shall immediately note upon the judgment docket the date of such cancellation and the manner thereof, by satisfaction piece filed, execution returned satisfied, or otherwise.
Source:
SDC 1939 & Supp 1960, §33.1719 (2); SL 1990, ch 149, §3.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16 - Judgments › Section 15-16-16 - Partial satisfaction of judgment--Docket entry and partial discharge of liens.

15-16-16. Partial satisfaction of judgment--Docket entry and partial discharge of liens.
Any partial satisfaction of any judgment rendered or docketed in the circuit courts of this state may be made and noted upon the records in like manner; and thereupon all judgments and liens thereby created, must be taken and deemed to be canceled and discharged to the extent of the entries so made upon the judgment docket and no more.
Source:
SDC 1939 & Supp 1960, §33.1719 (3).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16 - Judgments › Section 15-16-17 - Release of specific property from judgment lien--Docket entries.

15-16-17. Release of specific property from judgment lien--Docket entries.
Upon the filing of any duly acknowledged release signed by the owner of the judgment as shown by the docket entry thereof, his successor in interest, or attorney of record, releasing any specific item or items of real or personal property from the lien and effect of such judgment, the clerk shall note the same on the docket entry of the judgment and such property shall thereupon be released from the lien and effect of the judgment accordingly without prejudice to the lien and effect of the judgment otherwise.
Source:
SDC 1939 & Supp 1960, §33.1719 (4).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16 - Judgments › Section 15-16-18 - Docket entries on court order discharging or canceling judgment.

15-16-18. Docket entries on court order discharging or canceling judgment.
Upon the filing of any order of the court in which a judgment was rendered, or of any other court which has acquired jurisdiction so to do, directing satisfaction, discharge, or cancellation of the judgment in whole or in part, the clerk shall note such order on the docket entry of the judgment and the same shall be satisfied, discharged, or canceled accordingly, subject to any appeal which may be available or pending from such order.
Source:
SDC 1939 & Supp 1960, §33.1719 (5).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16 - Judgments › Section 15-16-19 - Docket entries in other counties on judgment discharged or canceled on original docket.

15-16-19. Docket entries in other counties on judgment discharged or canceled on original docket.
The clerk of courts of any other county wherein any judgment canceled or discharged pursuant to §§15-16-14 to 15-16-18, inclusive, shall have been docketed must cancel the same in like manner upon his judgment docket, upon the filing in his office of a certified copy of the original judgment docket entry duly canceled as provided in said sections.
Source:
SDC 1939 & Supp 1960, §33.1719 (6).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16 - Judgments › Section 15-16-28 - Docketing of federal court judgments--Effect.

15-16-28. Docketing of federal court judgments--Effect.
The clerks of courts of this state are authorized and required to file and docket in their offices judgments and decrees of the district court of the United States within this state, and duly authenticated copies thereof, and transcripts therefrom in like manner as judgments and decrees of the circuit courts of this state are filed and docketed.
Source:
SDC 1939 & Supp 1960, §33.1715.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16 - Judgments › Section 15-16-29 - Lien of federal court judgment.

15-16-29. Lien of federal court judgment.
When judgments and decrees of the district court of the United States, or duly authenticated copies thereof, or transcripts therefrom containing the facts needed for a docket entry of a judgment or decree of the circuit courts of this state, are filed and docketed as provided in §15-16-28, such judgments and decrees are liens to the same extent as judgments and decrees of the circuit courts of this state.
Source:
SDC 1939 & Supp 1960, §33.1715.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16 - Judgments › Section 15-16-30 - Assignment of federal court judgment--Docket entry.

15-16-30. Assignment of federal court judgment--Docket entry.
Such judgments and decrees of the district court of the United States, filed and docketed pursuant to §15-16-28, may be assigned of record by filing a copy thereof together with the assignment duly authenticated, or a transcript thereof containing the facts needed for a docket entry and the fact of assignment, date thereof, and name of assignee, duly authenticated, and the clerk shall note the facts of assignment on the docket.
Source:
SDC 1939 & Supp 1960, §33.1715.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16 - Judgments › Section 15-16-31 - Discharge and cancellation of federal court judgments--Docket entry.

15-16-31. Discharge and cancellation of federal court judgments--Docket entry.
Such judgments and decrees of the district court of the United States, filed and docketed pursuant to §15-16-28, may be discharged and canceled of record by filing a copy thereof and of the fact of such discharge or cancellation, duly authenticated, or a transcript therefrom containing the facts needed for a docket entry, and the fact of discharge and cancellation, duly authenticated, and the clerk shall note the fact of such discharge and cancellation on the docket.
Source:
SDC 1939 & Supp 1960, §33.1715.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16 - Judgments › Section 15-16-32 - Setoff of mutual judgments.

15-16-32. Setoff of mutual judgments.
Mutual final judgments may be set off, pro tanto, the one against the other by the court upon proper application and notice.
Source:
SDC 1939 & Supp 1960, §33.1720.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16 - Judgments › Section 15-16-33 - Renewal of certain judgments by affidavit--Contents of affidavit.

15-16-33. Renewal of certain judgments by affidavit--Contents of affidavit.
Any judgment which in whole or in part directs the payment of money and which may be docketed in the office of the clerk of any court in this state may be renewed by the affidavit of the judgment creditor or of his personal representative, agent, attorney, or assignee at any time prior to the expiration of ten years from the first docketing of such judgment. The affidavit shall be entitled as in the original judgment and shall set forth:
(1)The names of the parties plaintiff and defendant;
(2)The name of the court in which docketed;
(3)The date and amount of the original judgment;
(4)The name of the owner of said judgment, and, if not the party in whose name the judgment was entered, the source of his title thereto and a statement of each assignment of the judgment necessary to track the title thereof from the original judgment creditor;
(5)If the judgment was entered upon a certified transcript from any other court, a statement of this fact;
(6)A statement of each county in which a transcript of the judgment has been filed;
(7)A statement that no execution is outstanding and unreturned upon said judgment, or, if any execution is outstanding, that fact shall be stated;
(8)The date and amount of each payment upon the judgment, whether collected under execution or otherwise and that all payments have been duly credited upon said judgment, and whether any amount has been realized that has not been credited upon the records in the court in which the judgment was originally rendered, or in any other court to which it has been transcribed;
(9)That there are no offsets or counterclaims against the person for whose benefit the renewal is sought and in favor of the judgment debtor or debtors, or, if a counterclaim or offset does exist in favor of the judgment debtor, a statement of the amount, if ascertained or certain, and an offer to allow the same as a credit pro tanto upon the amount due from the judgment debtor, or, if the counterclaim or offset is unsettled or undetermined, by suit or otherwise, the same may be allowed as a payment or credit upon the judgment to the full amount which subsequently may be adjudged due the judgment debtor thereon;
(10)The exact amount due upon judgment, after allowing all offsets and counterclaims known to the affiant; and
(11)Any other facts or circumstances necessary to a complete disclosure as to the exact condition of the judgment.
Source:
SL 1988, ch 176, §1; SL 1990, ch 149, §1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16 - Judgments › Section 15-16-34 - Filing and docketing of affidavit of renewal--Copy.

15-16-34. Filing and docketing of affidavit of renewal--Copy.
If the judgment was rendered in a court of this state, the affidavit for renewal shall be filed with the clerk of the court where such judgment was first docketed. If the judgment filed and docketed was a foreign judgment, the affidavit for renewal may be filed with the clerk of any court where the judgment has been docketed. The clerk of the court immediately shall enter on the docket of the original judgment, the fact of renewal, the date of renewal, and the amount for which the judgment is renewed. The affidavit of renewal upon receipt by the clerk of the court shall be given a current filing date, and filed, docketed, and indexed in the current judgment records using the same method as for a newly received original judgment. A copy of the affidavit of renewal and the docket entries thereon, certified by the clerk of court wherein the same is filed, may be likewise filed and docketed and indexed in the current judgment records in any other county of the state in which a transcript of the original judgment was filed.
Source:
SL 1988, ch 176, §2; SL 1990, ch 149, §2; SL 1993, ch 164.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16 - Judgments › Section 15-16-35 - Operation as judgment lien--Continuation of lien--Execution.

15-16-35. Operation as judgment lien--Continuation of lien--Execution.
The entry and docketing of an affidavit of renewal of a judgment shall operate to continue the lien of the judgment to the extent of the balance due on the judgment as shown by the affidavit on all real property, except the homestead, of the judgment debtor or debtors in the county where the same is docketed which he or they may have at the time of such docketing or may acquire subsequently in such county, for a period of ten years from the time of the docketing of such affidavit. The filing of a certified copy of such affidavit of renewal and the docket entries thereon in a county wherein a transcript of the original judgment was docketed likewise shall continue and extend the lien of the judgment in such county. An execution may issue upon the judgment as renewed under the same conditions and with the same force and effect within such renewal period as upon the judgment originally rendered and entered at the date of such renewal, and all other remedies for the enforcement of judgments shall apply to the enforcement of such renewed judgment.
Source:
SL 1988, ch 176, §3.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16 - Judgments › Section 15-16-36 - Incorporation in a judgment of original promissory note or other instrument of debt.

15-16-36. Incorporation in a judgment of original promissory note or other instrument of debt.
The act of incorporating in a judgment the original promissory note or other instrument of debt merges it into that judgment.
Source:
Supreme Court Rule 98-31.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16 - Judgments › Section 15-16-37 - Application for discharge of civil judgment debt discharged in bankruptcy.

15-16-37. Application for discharge of civil judgment debt discharged in bankruptcy.
Any person who has secured a discharge of a civil judgment debt pursuant to United States Code, Title 11, and any person interested in real property to which the judgment attaches may submit an application for a discharge of the judgment to the clerk of court in which the judgment was entered or transcribed.
Source:
SL 2012, ch 110, §1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16 - Judgments › Section 15-16-38 - Contents of application--Service on judgment creditors.

15-16-38. Contents of application--Service on judgment creditors.
An application under §15-16-37 shall be sworn under oath and identify each judgment to be discharged, shall state that each judgment sought to be discharged was listed on the debtor's bankruptcy schedules, that no judgment sought to be discharged is nondischargeable under 11 USC §523 or no order was entered by the bankruptcy court declaring any of the judgments nondischargeable, shall be accompanied by a certified copy of the judgment debtor's bankruptcy discharge, shall state the time the judgment creditor has to object as specified in §15-16-39 and the grounds for objection as specified in §15-16-40 and shall be served at the expense of the applicant on each judgment creditor either:
(1)In the manner provided for the service of a summons in a civil action accompanied by an affidavit of service; or
(2)By certified mail to the judgment creditor's last known address as it appears in the court record accompanied by an affidavit of mailing.
Source:
SL 2012, ch 110, §2; SL 2013, ch 97, §1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16 - Judgments › Section 15-16-39 - Clerk to discharge judgment--Exception--Objection to discharge--Service.

15-16-39. Clerk to discharge judgment--Exception--Objection to discharge--Service.
The clerk, without further notice or hearing, shall discharge each judgment except a judgment in favor of a judgment creditor who has filed an objection to discharge of the judgment within ten days after service of the application on the judgment creditor. Service shall be deemed effective from the date deposited in the U.S. mail or from the date of actual service. An objection to discharge of a judgment shall be served on the judgment debtor in the same manner as an answer in a civil action.
Source:
SL 2012, ch 110, §3.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16 - Judgments › Section 15-16-40 - Motion and order for discharge except to extent that debt not discharged in bankruptcy.

15-16-40. Motion and order for discharge except to extent that debt not discharged in bankruptcy.
If a judgment creditor objects to the discharge of a judgment, on motion of the judgment debtor, the judgment creditor, or other interested party, the court shall order the judgment discharged except to the extent that the debt represented by the judgment was not discharged by the bankruptcy discharge.
Source:
SL 2012, ch 110, §4.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16 - Judgments › Section 15-16-41 - Form of application for discharge of judgment.

15-16-41. Form of application for discharge of judgment.
The application shall be in substantially the following form:
APPLICATION FOR DISCHARGE OF JUDGEMENT(S)
In the Matter of the Application of:
[Judgment Debtor(s)]
PLEASE NOTICE, the undersigned, acting for the judgement debtor(s) applies for the discharge of the following judgment(s) entered in [Name of County]:
[List judgments, including case number, creditor(s), date of docketing, and amount.]
A certified copy of the judgment debtor's bankruptcy discharge and an affidavit of service for each judgment creditor is attached.
Creditors Please Note: Pursuant to §§[....], the clerk will discharge the judgment(s) listed within ten days after service of this application unless an objection to discharge is served on the judgment debtor(s) and filed with the clerk.
Creditors may object to discharge if the debt represented by the judgment was not discharged by the bankruptcy discharge.
Dated:
[Signature]
Judgment Debtor,
Person Interested in Real Property
or Attorney for Debtor or Person
Source:
SL 2012, ch 110, §5.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16 - Judgments › Section 15-16-42 - Judgment ceases to be lien upon discharge.

15-16-42. Judgment ceases to be lien upon discharge.
Upon the discharge of a judgment by the clerk pursuant to §15-16-39, a judgment shall cease to be a lien on any real property that the person discharged in bankruptcy owns or later acquires.
Source:
SL 2012, ch 110, §6.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16 - Judgments › Section 15-16-43 - Applicability to general judgment liens only.

15-16-43. Applicability to general judgment liens only.
Nothing contained in §§15-16-38 to 15-16-42, however, may be construed to apply to any judgment which constituted a valid lien upon any specific property of such judgment debtor, as distinguished from the general judgment lien on real property.
Source:
SL 2012, ch 110, §7.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16 - Judgments › Section 15-16-44 - Conditions for not recognizing out-of-country foreign judgments.

15-16-44. Conditions for not recognizing out-of-country foreign judgments.
An out-of-country foreign judgment need not be recognized and entitled to full faith and credit in the State of South Dakota, unless there has been opportunity for a full and fair trial abroad before a court of competent jurisdiction, conducting the trial upon regular proceedings, after due citation or voluntary appearance of the defendant, and under a system of jurisprudence likely to secure an impartial administration of justice between the citizens of its own country and those of other countries, and there is nothing to show either prejudice in the court or in the system of laws under which it was sitting, or fraud in procuring the judgment, or any other special reason why the comity of the State of South Dakota should not allow it full effect.
Source:
SL 2013, ch 98, §1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16 - Judgments › Section 15-16-45 - Criteria for recognition of out-of-country foreign judgments.

15-16-45. Criteria for recognition of out-of-country foreign judgments.
In deciding whether to enforce and recognize an out-of-country foreign judgment, the court shall consider the following factors when deciding whether to enforce and recognize a out-of-country foreign judgment, to wit:
(1)The foreign court actually had jurisdiction over both the subject matter and the parties;
(2)The judgment was not obtained fraudulently;
(3)The judgment was rendered by a system of law reasonably assuring the requisites of an impartial administration of justice which includes due notice and a hearing;
(4)The judgment did not contravene the public policy of the jurisdiction in which it is relied upon; and
(5)The jurisdiction issuing the order or judgment also grants comity to orders and judgments of South Dakota courts.
Source:
SL 2013, ch 98, §2.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16 - Judgments › Section 15-16-46 - Required findings for recognition of out-of-country foreign defamation judgment.

15-16-46. Required findings for recognition of out-of-country foreign defamation judgment.
In matters concerning defamation, the court, before it recognizes an out-of-country foreign judgment, shall by clear and convincing evidence, find that the law applied in the foreign court's adjudication, which resulted in a judgment, provided at least as much protection for freedom of speech and the press as would be provided by the United States Constitution and the Constitution of the State of South Dakota, in addition to the criteria set forth in §15-16-45.
Source:
SL 2013, ch 98, §3.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16 - Judgments › Section 15-16-47 - Application of §§ 15-16-44 to 15-16-46.

15-16-47. Application of §§15-16-44 to 15-16-46.
Sections 15-16-44 to 15-16-46, inclusive, apply to judgments rendered in defamation proceedings outside the United States before, on, or after July 1, 2013, but do not apply to any out-of-country foreign judgment already recognized by the courts of this state prior to July 1, 2013.
Source:
SL 2013, ch 98, §4.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16A - Enforcement Of Foreign Judgments › Section 15-16A-1 - "Foreign judgment" defined.

15-16A-1."Foreign judgment" defined.
As used in this chapter, "foreign judgment" shall mean any judgment, decree, or order of a court of the United States or any of the several states which is entitled to full faith and credit in this state.
Source:
SL 1975, ch 160, §1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16A - Enforcement Of Foreign Judgments › Section 15-16A-2 - Filing of authenticated copy of foreign judgment--Treatment and effect.

15-16A-2. Filing of authenticated copy of foreign judgment--Treatment and effect.
A copy of any foreign judgment authenticated in accordance with the act of Congress or the statutes of this state may be filed in the office of the clerk of any circuit court of this state. The clerk shall treat the foreign judgment in the same manner as a judgment of the circuit court of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of a circuit court of this state and may be enforced or satisfied in like manner.
Source:
SL 1975, ch 160, §2.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16A - Enforcement Of Foreign Judgments › Section 15-16A-3 - Fees payable.

15-16A-3. Fees payable.
Any person filing a foreign judgment shall pay to the clerk of courts the fee set by §16-2-29. Fees for docketing, transcription, or other enforcement proceedings shall be the same as for judgments of the circuit court of this state.
Source:
SL 1975, ch 160, §5; SL 1984, ch 12, §12.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16A - Enforcement Of Foreign Judgments › Section 15-16A-4 - Affidavit of names and addresses.

15-16A-4. Affidavit of names and addresses.
At the time of the filing of the foreign judgment, the judgment creditor or his lawyer shall make and file with the clerk of courts an affidavit setting forth the name and last known post office address of the judgment debtor, and the judgment creditor.
Source:
SL 1975, ch 160, §3.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16A - Enforcement Of Foreign Judgments › Section 15-16A-5 - Notice to judgment debtor--Docket entry--Contents of notice--Notice by creditor--Clerk's failure to mail.

15-16A-5. Notice to judgment debtor--Docket entry--Contents of notice--Notice by creditor--Clerk's failure to mail.
Promptly upon the filing of the foreign judgment and the affidavit, the clerk shall mail notice of the filing of the foreign judgment to the judgment debtor at the address given and shall make a note of the mailing in the docket. The notice shall include the name and post office address of the judgment creditor and the judgment creditor's lawyer, if any, in this state. In addition, the judgment creditor may mail a notice of the filing of the judgment to the judgment debtor and may file proof of mailing with the clerk. Lack of mailing notice of filing by the clerk shall not affect the enforcement proceedings if proof of mailing by the judgment creditor has been filed.
Source:
SL 1975, ch 160, §3.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16A - Enforcement Of Foreign Judgments › Section 15-16A-6 - Stay of enforcement pending appeal or during stay of execution--Proof of security.

15-16A-6. Stay of enforcement pending appeal or during stay of execution--Proof of security.
If the judgment debtor shows the circuit court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished the security for the satisfaction of the judgment required by the state in which it was rendered.
Source:
SL 1975, ch 160, §4.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16A - Enforcement Of Foreign Judgments › Section 15-16A-7 - Stay of enforcement on showing of ground--Security.

15-16A-7. Stay of enforcement on showing of ground--Security.
If the judgment debtor shows the circuit court any ground upon which enforcement of a judgment of any circuit court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state.
Source:
SL 1975, ch 160, §4.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 16A - Enforcement Of Foreign Judgments › Section 15-16A-9 - Uniformity of interpretation.

15-16A-9. Uniformity of interpretation.
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Source:
SL 1975, ch 160, §7.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 17 - Recovery Of Disbursements › Section 15-17-16.1 - Imposition of costs and attorneys' fees on grant of mistrial.

15-17-16.1. Imposition of costs and attorneys' fees on grant of mistrial.
When a motion for mistrial is made successfully in any civil action, the court may impose against the party intentionally causing the mistrial the jury costs and attorneys' fees together with such other costs as may be appropriate.
Source:
SL 1986, ch 164.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 17 - Recovery Of Disbursements › Section 15-17-36 - Costs not an indemnity--Disbursements.

15-17-36. Costs not an indemnity--Disbursements.
The concept of costs as an indemnity to be recovered by a prevailing party is abolished in the courts of South Dakota. Whenever the term, costs, is used, it means disbursements as defined in §15-17-37.
Source:
SL 1992, ch 148, §1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 17 - Recovery Of Disbursements › Section 15-17-37 - Prevailing party recovery--Taxation.

15-17-37. Prevailing party recovery--Taxation.
The prevailing party in a civil action or special proceeding may recover expenditures necessarily incurred in gathering and procuring evidence or bringing the matter to trial. Such expenditures include costs of telephonic hearings, costs of telephoto or fax charges, fees of witnesses, interpreter or translator expenditures not otherwise covered pursuant to §15-17-37.1, officers, printers, service of process, filing, expenses from telephone calls, copying, costs of original and copies of transcripts and reporter's attendance fees, and court appointed experts. These expenditures are termed "disbursements" and are taxed pursuant to §15-6-54(d).
Source:
SL 1992, ch 148, §2; SL 2021, ch 87, § 1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 17 - Recovery Of Disbursements › Section 15-17-37.1 - Interpreter or translator services--Payment.

15-17-37.1. Interpreter or translator services--Payment.
When a witness or party needs a language interpreter or translator in a civil action or special proceeding, the court shall procure and appoint a disinterested interpreter or translator. The interpreter or translator shall be compensated for services provided in the court proceeding that the court certifies to be reasonable and just. The payment for the services of the interpreter or translator shall be made from funds appropriated for the operation of the courts. A civil action for purposes of this section does not include abuse and neglect, juvenile, involuntary commitment, mental illness, or protection order proceedings.
Source:
SL 2021, ch 87, § 2.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 17 - Recovery Of Disbursements › Section 15-17-38 - Award of attorneys' fees--Taxed as disbursements.

15-17-38. Award of attorneys' fees--Taxed as disbursements.
The compensation of attorneys and counselors at law for services rendered in civil and criminal actions and special proceedings is left to the agreement, express or implied, of the parties. However, attorneys' fees may be taxed as disbursements if allowed by specific statute. The court, if appropriate, in the interests of justice, may award payment of attorneys' fees in all cases of divorce, annulment of marriage, determination of paternity, custody, visitation, separate maintenance, support, or alimony. The court may award the fees before or after judgment or order. The court may award attorneys' fees from trusts administered through the court as well as in probate and guardianship proceedings. Attorneys' fees may be taxed as disbursements on mortgage foreclosures either by action or by advertisement.
Source:
SL 1992, ch 148, §3; SL 2006, ch 111, §1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 17 - Recovery Of Disbursements › Section 15-17-39 - Evidence of debt for attorneys' fees upon default or foreclosure against public policy--Exception.

15-17-39. Evidence of debt for attorneys' fees upon default or foreclosure against public policy--Exception.
Any provision contained in any note, bond, mortgage, or other evidence of debt that provides for payment of attorneys' fees in case of default of payment or foreclosure is against public policy and void, except as authorized by specific statute.
Source:
SL 1992, ch 148, §4; SL 1993, ch 165.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 17 - Recovery Of Disbursements › Section 15-17-40 - Recovery limited.

15-17-40. Recovery limited.
The prevailing party may recover disbursements once, even though he may prevail on several counts or claims in a civil action or special proceeding.
Source:
SL 1992, ch 148, §5.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 17 - Recovery Of Disbursements › Section 15-17-41 - Disbursements taxed against multiple parties.

15-17-41. Disbursements taxed against multiple parties.
In a civil action or special proceeding, in which there are several parties, not united in interest, making separate claims or separate answers, if a party prevails, he may tax disbursements against the parties against whom he has successfully claimed or defended.
Source:
SL 1992, ch 148, §6.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 17 - Recovery Of Disbursements › Section 15-17-42 - Application of chapter.

15-17-42. Application of chapter.
This chapter applies to any civil action or special proceeding in which the State of South Dakota or any of its divisions, departments or political subdivisions is a party including counties, municipalities, school districts, townships, and other governmental entities.
Source:
SL 1992, ch 148, §7.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 17 - Recovery Of Disbursements › Section 15-17-43 - Attorneys' fees allowable in hearing contesting validity of taxation of disbursements.

15-17-43. Attorneys' fees allowable in hearing contesting validity of taxation of disbursements.
A circuit court may allow attorneys' fees to the prevailing party in a hearing contesting the validity of the taxation of disbursements pursuant to §15-6-54(d) if it finds the taxation or part of the taxation of the disbursements was without legal basis or the contestation or part of the contestation of the taxation of the disbursements was without legal basis.
Source:
SL 1992, ch 148, §8.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 17 - Recovery Of Disbursements › Section 15-17-44 - Taxation of disbursements--Discretion of court.

15-17-44. Taxation of disbursements--Discretion of court.
If there is no specific statutory authorization allowed for taxation of disbursements in a civil action or special proceeding, taxation of disbursements may be allowed in the discretion of the court.
Source:
SL 1992, ch 148, §9.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 17 - Recovery Of Disbursements › Section 15-17-45 - Reimbursement of plaintiff in action to recover funds misappropriated by public official.

15-17-45. Reimbursement of plaintiff in action to recover funds misappropriated by public official.
A circuit court, in the event of a recovery by plaintiff, may award a reasonable sum to reimburse the plaintiff for expenses, including attorneys' fees, in an action brought by a taxpayer on behalf of himself and other taxpayers similarly situated, to recover into the treasury of the state, school district, city, county, or other government entity, funds wrongfully expended, misappropriated, or misapplied by a governing body or public official.
Source:
SL 1992, ch 148, §10.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 17 - Recovery Of Disbursements › Section 15-17-46 - Plaintiff's lien on recovery in taxpayer's action.

15-17-46. Plaintiff's lien on recovery in taxpayer's action.
The plaintiff in an action referred to in §15-17-45 shall acquire a lien for the amount awarded by the court against any judgment that may be recovered in the action. Satisfaction of the lien shall be made from the proceeds collected on the judgment and may not be claimed against the governmental entity.
Source:
SL 1992, ch 148, §11.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 17 - Recovery Of Disbursements › Section 15-17-47 - Judgment against surety where security for disbursements given.

15-17-47. Judgment against surety where security for disbursements given.
After final judgment in a civil action or proceeding in which security for disbursements has been given as required by law, the circuit court, upon motion of the defendant or other person having a right to all or part of the disbursements, may enter a judgment against the surety and against his personal representatives, for the amount of the disbursements or as much as may be unpaid.
Source:
SL 1992, ch 148, §12.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 17 - Recovery Of Disbursements › Section 15-17-48 - Disbursements awarded against infant.

15-17-48. Disbursements awarded against infant.
If disbursements are awarded or taxed against an infant plaintiff, the guardian, by whom he appeared in the action, is responsible for them.
Source:
SL 1992, ch 148, §13.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 17 - Recovery Of Disbursements › Section 15-17-49 - Disbursement against personal representative or trustee of express trust.

15-17-49. Disbursement against personal representative or trustee of express trust.
In a civil action or special proceeding prosecuted or defended by a personal representative, trustee of an express trust, or a person expressly authorized by statute, disbursements may be taxed as in other civil actions or special proceedings, but the disbursements are chargeable only against the estate, fund, or party represented consistent with chapter 55-2.
Source:
SL 1992, ch 148, §14.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 17 - Recovery Of Disbursements › Section 15-17-50 - Expenses of requiring jury to report--Apportionment.

15-17-50. Expenses of requiring jury to report--Apportionment.
If a civil jury case is settled within forty-eight hours, or such other time as fixed by the court, of the time the jury is scheduled to report, the trial court may impose against one or all parties the expenses of requiring the jury to report, together with other items as may be appropriate. The court may apportion the expenses.
Source:
SL 1992, ch 148, §15.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 17 - Recovery Of Disbursements › Section 15-17-51 - Liability of party for frivolous or malicious action.

15-17-51. Liability of party for frivolous or malicious action.
If a civil action, including an action for appeal of a zoning decision, or special proceeding is dismissed or requested relief is denied and if the court determines that it was frivolous or brought for malicious purposes, the court shall order the party whose claim, cause of action, or defense was dismissed or denied to pay part or all expenses incurred by the party defending the matter, including reasonable attorneys' fees.
Source:
SL 1992, ch 148, §16; SL 1997, ch 113, §1; SL 2015, ch 114, §1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 17 - Recovery Of Disbursements › Section 15-17-51.1 - Inmate financial responsibility for state's costs incurred from abuse of court system.

15-17-51.1. Inmate financial responsibility for state's costs incurred from abuse of court system.
If a court finds that an inmate has acted in a manner specified by the provisions of §24-2-29.1, the court shall order the inmate plaintiff to pay the costs incurred by the person or the state in defending the cause of action, including reasonable attorney's fees.
Source:
SL 1997, ch 147, §2.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 17 - Recovery Of Disbursements › Section 15-17-51.2 - Inmate or prisoner financial responsibility for costs incurred by county from abuse of court system.

15-17-51.2. Inmate or prisoner financial responsibility for costs incurred by county from abuse of court system.
If a court finds that an adult inmate or prisoner has acted in a manner specified by the provisions of §24-2-29.1 in a county or regional jail, the court shall order the inmate or prisoner plaintiff to pay the costs incurred by the person or the county in defending the cause of action, including reasonable attorney's fees.
Source:
SL 1997, ch 147, §4.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 17 - Recovery Of Disbursements › Section 15-17-53 - Reduction or disallowance of disbursements for hardship.

15-17-53. Reduction or disallowance of disbursements for hardship.
The court may reduce or disallow a taxation of disbursements that would be oppressive or work a hardship.
Source:
SL 1992, ch 148, §18.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 17 - Recovery Of Disbursements › Section 15-17-54 - New trial--Taxation of disbursements.

15-17-54. New trial--Taxation of disbursements.
If a new trial is granted, the prevailing party may tax his disbursements as if he would have prevailed at the trial.
Source:
SL 1992, ch 148, §19.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 17 - Recovery Of Disbursements › Section 15-17-55 - Reversal upon appeal--Taxation of disbursements.

15-17-55. Reversal upon appeal--Taxation of disbursements.
If a case is reversed upon appeal, the prevailing party may tax his disbursements as if he would have prevailed at trial. The prevailing party may also tax, as his disbursements, the expenses of a shorthand reporter's transcript necessarily procured for the purpose of the settled record.
Source:
SL 1992, ch 148, §20.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 17 - Recovery Of Disbursements › Section 15-17-56 - Disbursements taxed by party not prevailing on appeal--Discretion of court.

15-17-56. Disbursements taxed by party not prevailing on appeal--Discretion of court.
Disbursements taxed by a party, in the trial court, who did not prevail on appeal, are void. The trial court may, in its discretion, in the interest of justice, allow the taxation of disbursements by a party who prevailed in the trial court but lost the appeal.
Source:
SL 1992, ch 148, §21.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 17 - Recovery Of Disbursements › Section 15-17-57 - Disbursements taxed when appeal affirmed in part and reversed in part--Discretion of court.

15-17-57. Disbursements taxed when appeal affirmed in part and reversed in part--Discretion of court.
If an appeal is affirmed in part and reversed in part, disbursements taxed in the trial court are vacated. The trial court may, in its discretion, in the interest of justice, allow or apportion the taxation of disbursements by any party after remand of an appeal which has been affirmed in part and reversed in part by the Supreme Court.
Source:
SL 1992, ch 148, §22.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 17 - Recovery Of Disbursements › Section 15-17-58 - Reconsideration of disbursements upon Supreme Court ruling--Discretion of court.

15-17-58. Reconsideration of disbursements upon Supreme Court ruling--Discretion of court.
If the Supreme Court rules other than affirmance, reversal, or affirmance in part and reversal in part, the circuit court, may in its discretion, in the interest of justice, reconsider any disbursements that have been taxed, and may, in its discretion, in the interest of justice, allow the taxation of disbursements by a party.
Source:
SL 1992, ch 148, §23.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 17 - Recovery Of Disbursements › Section 15-17-59 - Dismissal for lack of jurisdiction--Disbursements.

15-17-59. Dismissal for lack of jurisdiction--Disbursements.
If a civil action or special proceeding is dismissed for lack of jurisdiction, the prevailing party may tax disbursements.
Source:
SL 1992, ch 148, §24.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 17 - Recovery Of Disbursements › Section 15-17-60 - Disbursements caused by postponement of trial.

15-17-60. Disbursements caused by postponement of trial.
If a motion is made to a court or referee to postpone a trial, the payment of disbursements caused by the postponement may be awarded in the discretion of the court or referee as a condition of granting the postponement.
Source:
SL 1992, ch 148, §25.