reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 02 - Limitation Of Actions Generally › Section 15-2-35 - Action against real estate appraiser or employee for malpractice, error, mistake, or omission.

15-2-35. Action against real estate appraiser or employee for malpractice, error, mistake, or omission.
No action may be brought against a licensed real estate appraiser, or any agent or employee thereof, for malpractice, error, mistake, or omission, whether based upon contract or tort, unless it is commenced within three years of the occurrence of the alleged malpractice, error, mistake, or omission. The term, real estate appraiser, includes any real estate appraiser who is certified, licensed, or registered pursuant to chapter 36-21B. This section is prospective in application.
Source:
SL 2007, ch 130, §1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 02 - Limitation Of Actions Generally › Section 15-2-36 - Actions for breach of trust against qualified persons.

15-2-36. Actions for breach of trust against qualified persons.
If §21-22-30 or 55-3-45 do not apply, absent fraud, intentional misrepresentation, or material omission, an action to recover for breach of trust against a qualified person as defined in §55-3-41 or an officer, director, or employee of a qualified person may be commenced only within two years of a trustee's accounting for the period of the breach pursuant to chapter 55-3. In the case of fraud, intentional misrepresentation, or material omission, the limitation period does not commence to run until discovery of the breach of trust.
Source:
SL 2007, ch 247, §5; SL 2010, ch 232, §27.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 02A - Limitation Of Actions For Construction Deficiencies › Section 15-2A-1 - Legislative findings--Ten-year limitation--Exceptions.

15-2A-1. Legislative findings--Ten-year limitation--Exceptions.
The Legislature finds that subsequent to the completion of construction, persons involved in the planning, design, and construction of improvements to real estate lack control over the determination of the need for, the undertaking of and the responsibility for maintenance, and lack control over other forces, uses and intervening causes which cause stress, strain, wear, and tear to the improvements and, in most cases, have no right or opportunity to be made aware of or to evaluate the effect of these forces on a particular improvement or to take action to overcome the effect of these forces. Therefore, it is in the public interest to set a point in time following the substantial completion of the project after which no action may be brought for errors and omissions in the planning, design, and construction of improvements to real estate, whether these errors and omissions have resulted or may result in injury or not, unless the person involved in the planning, design, and construction of the improvements was guilty of fraud, fraudulent concealment, fraudulent misrepresentation, willful or wanton misconduct, or unless the person involved in the planning, design, and construction of improvements to real estate expressly warranted or guaranteed the improvement for a longer time period. This legislation is determined to be in the public interest and in the interest of equating the rights of due process between the prospective litigants in the areas of planning, design, and construction of improvements to real property in an equitable manner, while adjusting the standard of care so that persons attempting to bring actions under a general standard of care against persons involved in the planning, design, and construction of improvements to real estate only have ten years to bring actions following substantial completion against those involved in the planning, design, and construction, and following that ten-year time period actions may be brought against such persons only if they are guilty of fraud, fraudulent concealment, fraudulent misrepresentation, breach of express warranties or guarantees, or willful or wanton misconduct in the planning, design, and construction of improvements to real estate.
Source:
SL 1985, ch 156, §1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 02A - Limitation Of Actions For Construction Deficiencies › Section 15-2A-2 - Legislative intent.

15-2A-2. Legislative intent.
The Legislature intends that this chapter shall bar any action for defects, unsafe conditions, errors, and omissions in the planning, designing, and construction of improvements to real estate after the times limited in this chapter, subject to the exceptions described in this chapter and that this chapter does not deprive any person of any rights or remedies such person may have, or adjust the standard of care after ten years after substantial completion, against persons other than those enumerated in this chapter for damages to property or injury to persons resulting from defective or unsafe conditions of improvement to real estate.
Source:
SL 1985, ch 156, §2.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 02A - Limitation Of Actions For Construction Deficiencies › Section 15-2A-3 - Time for bringing action--Date of substantial completion.

15-2A-3. Time for bringing action--Date of substantial completion.
No action to recover damages for any injury to real or personal property, for personal injury or death arising out of any deficiency in the design, planning, supervision, inspection, and observation of construction, or construction, of an improvement to real property, nor any action for contribution or indemnity for damages sustained on account of such injury or death, may be brought against any person performing or furnishing the design, planning, supervision, inspection, and observation of construction, or construction, of such an improvement more than ten years after substantial completion of such construction. The date of substantial completion shall be determined by the date when construction is sufficiently completed so that the owner or his representative can occupy or use the improvement for the use it was intended.
Source:
SL 1985, ch 156, §3.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 02A - Limitation Of Actions For Construction Deficiencies › Section 15-2A-4 - Persons in control of improvement may not assert limitation.

15-2A-4. Persons in control of improvement may not assert limitation.
The limitation in §15-2A-3 may not be asserted by way of defense by any person in actual possession and control as owner, tenant or otherwise, of the improvement at the time any deficiency in such an improvement constitutes the proximate cause of the injury or death for which it is proposed to bring an action.
Source:
SL 1985, ch 156, §4.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 02A - Limitation Of Actions For Construction Deficiencies › Section 15-2A-5 - Injuries occurring in tenth year.

15-2A-5. Injuries occurring in tenth year.
Notwithstanding the provisions of §15-2A-3, in the case of such an injury to property or the person or such an injury causing death, which injury occurred during the tenth year after the substantial completion of such construction, an action to recover damages for such an injury or death may be brought within one year after the date on which such injury occurred, irrespective of the date of death; but in no event may such an action be brought more than eleven years after the substantial completion of construction of such an improvement.
Source:
SL 1985, ch 156, §5.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 02A - Limitation Of Actions For Construction Deficiencies › Section 15-2A-6 - Periods otherwise prescribed not extended--Cause of action not created.

15-2A-6. Periods otherwise prescribed not extended--Cause of action not created.
Nothing in §§15-2A-3 to 15-2A-5, inclusive, may be construed as extending the period prescribed by the laws of this state or any agreement of the parties, nor may anything in this chapter be construed to create any cause of action not heretofore existing or recognized.
Source:
SL 1985, ch 156, §6.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 02A - Limitation Of Actions For Construction Deficiencies › Section 15-2A-7 - Persons guilty of fraud or willful misconduct may not assert limitation.

15-2A-7. Persons guilty of fraud or willful misconduct may not assert limitation.
The limitations contained in this chapter may not be asserted as a defense by any person who is guilty of fraud, fraudulent concealment, fraudulent misrepresentations, or willful or wanton misconduct, in furnishing the design, planning, supervision, inspection, and observation of construction, or construction, of improvements to real property.
Source:
SL 1985, ch 156, §7.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 02A - Limitation Of Actions For Construction Deficiencies › Section 15-2A-8 - Express warranty or guaranty.

15-2A-8. Express warranty or guaranty.
The limitations prescribed in this chapter do not prohibit any action against a defendant who has expressly warranted or guaranteed the improvement to real property for a longer period from being brought within that period.
Source:
SL 1985, ch 156, §8.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 03 - Adverse Possession And Limitation Of Actions To Recover Real Estate › Section 15-3-1 - Seizin or possession within twenty years required for action to recover real property or possession.

15-3-1. Seizin or possession within twenty years required for action to recover real property or possession.
No action for the recovery of real property, or for the recovery of the possession thereof, shall be maintained unless it appears that the plaintiff, his ancestor, predecessor, or grantor was seized or possessed of the premises in question within twenty years before the commencement of such action.
Source:
SDC 1939 & Supp 1960, §33.0217.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 03 - Adverse Possession And Limitation Of Actions To Recover Real Estate › Section 15-3-2 - Seizin or possession within twenty years required for cause of action or defense based on title to real property.

15-3-2. Seizin or possession within twenty years required for cause of action or defense based on title to real property.
No cause of action or defense to an action founded upon the title to real property or to rents or services out of the same, shall be effectual unless it appear that the person prosecuting the action or making the defense, or under whose title the action is prosecuted or the defense is made, or the ancestor, predecessor, or grantor of such person, was seized or possessed of the premises in question within twenty years before the committing of the act in respect to which such action is prosecuted or defense made.
Source:
SDC 1939 & Supp 1960, §33.0218.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 03 - Adverse Possession And Limitation Of Actions To Recover Real Estate › Section 15-3-3 - Limitation of actions based on entry on real estate.

15-3-3. Limitation of actions based on entry on real estate.
No entry upon real estate shall be deemed sufficient or valid as a claim unless an action be commenced thereupon within one year after the making of such entry, and within twenty years from the time when the right to make such entry descended or accrued.
Source:
SDC 1939 & Supp 1960, §33.0219.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 03 - Adverse Possession And Limitation Of Actions To Recover Real Estate › Section 15-3-4 - Limitation of actions by state based on title to real property.

15-3-4. Limitation of actions by state based on title to real property.
This state will not sue any person for or in respect to any real property, or the issues or profits thereof, by reason of the right or title of the state to the same, unless:
(1)Such right or title shall have accrued within forty years before any action or other proceeding for the same shall be commenced; or unless
(2)The state, or those from whom it claims, shall have received the rents and profits of such real property, or of some part thereof, within the space of forty years.
Source:
SDC 1939 & Supp 1960, §33.0214.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 03 - Adverse Possession And Limitation Of Actions To Recover Real Estate › Section 15-3-5 - Grantee of state limited by limitations applicable to state.

15-3-5. Grantee of state limited by limitations applicable to state.
No action shall be brought for, or in respect to real property, by any person claiming by virtue of grants from the state unless the same might have been commenced as specified in §15-3-4, in case such grant had not been issued or made.
Source:
SDC 1939 & Supp 1960, §33.0215.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 03 - Adverse Possession And Limitation Of Actions To Recover Real Estate › Section 15-3-6 - Limitation of actions to recover real property after invalidation of state grant.

15-3-6. Limitation of actions to recover real property after invalidation of state grant.
When grants of real property shall have been issued or made by the state and the same shall be declared void by the determination of a competent court, rendered upon an allegation of a fraudulent suggestion, or concealment, or forfeiture, or mistake, or ignorance of a material fact, or wrongful detaining, or defective title, an action for the recovery of the premises so conveyed may be brought either by the state or by any subsequent grantee of the same premises, his heirs or assigns, within twenty years after such determination was made, but not after that period.
Source:
SDC 1939 & Supp 1960, §33.0216.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 03 - Adverse Possession And Limitation Of Actions To Recover Real Estate › Section 15-3-7 - Possession of real property presumed from legal title--Occupation by another presumed subordinate to legal title.

15-3-7. Possession of real property presumed from legal title--Occupation by another presumed subordinate to legal title.
In every action for the recovery of real property or the possession thereof, the person establishing a legal title to the premises shall be presumed to have been possessed thereof within the time required by law; and the occupation of such premises by any other person shall be deemed to have been under and in subordination to the legal title, unless it appear that such premises have been held and possessed adversely to such legal title for twenty years before the commencement of such action.
Source:
SDC 1939 & Supp 1960, §33.0220.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 03 - Adverse Possession And Limitation Of Actions To Recover Real Estate › Section 15-3-8 - Tenant's possession deemed that of landlord--Continuation after termination of tenancy.

15-3-8. Tenant's possession deemed that of landlord--Continuation after termination of tenancy.
Whenever the relation of landlord and tenant shall have existed between any persons the possession of the tenant shall be deemed the possession of the landlord until the expiration of twenty years from the termination of the tenancy; or, where there has been no written lease, until the expiration of twenty years from the time of the last payment of rent, notwithstanding that such tenant may have acquired another title, or may have claimed to hold adversely to his landlord. Such presumptions shall not be made after the periods herein limited.
Source:
SDC 1939 & Supp 1960, §33.0225.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 03 - Adverse Possession And Limitation Of Actions To Recover Real Estate › Section 15-3-9 - Possessory right not impaired by descent on death of person in possession.

15-3-9. Possessory right not impaired by descent on death of person in possession.
The right of a person to the possession of any real property shall not be impaired or affected by a descent being cast in consequence of the death of a person in possession of such property.
Source:
SDC 1939 & Supp 1960, §33.0226.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 03 - Adverse Possession And Limitation Of Actions To Recover Real Estate › Section 15-3-10 - Twenty years' possession under written instrument or judgment deemed adverse possession--Tract divided into lots.

15-3-10. Twenty years' possession under written instrument or judgment deemed adverse possession--Tract divided into lots.
Whenever it shall appear that the occupant, or those under whom he claims, entered into the possession of premises under claim of title, exclusive of any other right, founding such claim upon a written instrument as being a conveyance of the premises in question, or upon the decree or judgment of a competent court, and that there has been a continued occupation and possession of the premises included in such instrument, decree, or judgment, or of some part of such premises under such claim for twenty years, the premises so included shall be deemed to have been held adversely; except that where the premises so included consist of a tract divided into lots the possession of one lot shall not be deemed a possession of any other lot of the same tract.
Source:
SDC 1939 & Supp 1960, §33.0221.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 03 - Adverse Possession And Limitation Of Actions To Recover Real Estate › Section 15-3-11 - Acts constituting adverse possession based on written instrument or judgment.

15-3-11. Acts constituting adverse possession based on written instrument or judgment.
For the purpose of constituting an adverse possession by any person claiming a title founded upon a written instrument, or a judgment, or a decree, land shall be deemed to have been possessed and occupied in the following cases:
(1)Where it has been usually cultivated or improved;
(2)Where it has been protected by a substantial inclosure;
(3)Where, although not inclosed, it has been used for the supply of fuel or of fencing timber for the purposes of husbandry, or the ordinary use of the occupant; or
(4)Where a known farm or a single lot has been partly improved, the portion of such farm or lot that may have been left not cleared or not inclosed according to the usual course and custom of the adjoining country shall be deemed to have been occupied for the same length of time as the part improved and cultivated.
Source:
SDC 1939 & Supp 1960, §33.0222.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 03 - Adverse Possession And Limitation Of Actions To Recover Real Estate › Section 15-3-12 - Actual occupation required for adverse possession under claim other than written instrument or judgment.

15-3-12. Actual occupation required for adverse possession under claim other than written instrument or judgment.
Where it shall appear that there has been an actual continued occupation of premises under a claim of title exclusive of any other right, but not founded upon a written instrument, or a judgment, or decree, the premises so actually occupied, and no other, shall be deemed to have been held adversely.
Source:
SDC 1939 & Supp 1960, §33.0223.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 03 - Adverse Possession And Limitation Of Actions To Recover Real Estate › Section 15-3-13 - Acts constituting adverse possession under claim other than written instrument or judgment.

15-3-13. Acts constituting adverse possession under claim other than written instrument or judgment.
For the purpose of constituting an adverse possession by a person claiming title not founded upon a written instrument, or judgment, or decree, land shall be deemed to have been possessed and occupied in the following cases only:
(1)Where it has been protected by a substantial inclosure; or
(2)Where it has been usually cultivated or improved.
Source:
SDC 1939 & Supp 1960, §33.0224.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 03 - Adverse Possession And Limitation Of Actions To Recover Real Estate › Section 15-3-14 - Tolling of statute during disability--Time for commencement of action after removal of disability.

15-3-14. Tolling of statute during disability--Time for commencement of action after removal of disability.
If a person entitled to commence any action for the recovery of real property, or to make an entry or defense founded on the title to real property, or to rents or service out of the same, be, at the time such title shall first descend or accrue, either:
(1)Within the age of twenty-one years;
(2)Mentally ill; or
(3)Imprisoned on a criminal charge, or in execution upon conviction of a criminal offense for a term less than for life;
the time during which such disability shall continue shall not be deemed any portion of the time in this chapter limited for the commencement of such action, or the making of such entry or defense; but such action may be commenced, or entry or defense made after the period of twenty years, and within ten years after the disability shall cease, or after the death of the person entitled who shall die under such disability, but such action shall not be commenced, or entry, or defense made after that period.
Source:
SDC 1939 & Supp 1960, §33.0227.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 03 - Adverse Possession And Limitation Of Actions To Recover Real Estate › Section 15-3-15 - Vesting of title by possession and payment of taxes for ten years under color of title--Continuation of possession and tax payment by successor in interest.

15-3-15. Vesting of title by possession and payment of taxes for ten years under color of title--Continuation of possession and tax payment by successor in interest.
Every person in the actual possession of lands or tenements under claim and color of title made in good faith, and who shall have continued for ten successive years in such possession, and shall also during said time have paid all taxes legally assessed on such lands or tenements, shall be held and adjudged to be the legal owner of said lands or tenements to the extent and according to the purport of his paper title. All persons holding under such possession by purchase, devise, or descent before said ten years shall have expired, and who shall have continued such possession and payment of taxes as aforesaid so as to complete said term of ten years of such possession and payment of taxes, shall be entitled to the benefit of this section.
Source:
SDC 1939 & Supp 1960, §33.0228.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 03 - Adverse Possession And Limitation Of Actions To Recover Real Estate › Section 15-3-16 - Vesting of title to unoccupied land by payment of taxes for ten years under color of title--Continuation of tax payment by successor in interest.

15-3-16. Vesting of title to unoccupied land by payment of taxes for ten years under color of title--Continuation of tax payment by successor in interest.
Whenever a person having a color of title made in good faith to vacant and unoccupied land, shall have paid all taxes legally assessed thereon for ten successive years, he shall be deemed and adjudged to be the legal owner of said vacant and unoccupied land to the extent and according to the purport of his paper title. All persons holding under such taxpayer by purchase, devise, or descent before said ten years shall have expired, and who shall have continued to pay taxes as aforesaid so as to complete the payment of taxes for said term of ten years, shall be entitled to the benefit of this section.
Source:
SDC 1939 & Supp 1960, §33.0229.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 03 - Adverse Possession And Limitation Of Actions To Recover Real Estate › Section 15-3-17 - Tax payment vesting provisions not applicable to public lands or religious or charitable societies.

15-3-17. Tax payment vesting provisions not applicable to public lands or religious or charitable societies.
The provisions of §§15-3-15 and 15-3-16 shall not extend to school lands or to lands belonging to the United States or this state, or to religious or charitable societies, or to lands held for a public purpose.
Source:
SDC 1939 & Supp 1960, §33.0230.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 03 - Adverse Possession And Limitation Of Actions To Recover Real Estate › Section 15-3-18 - Tax payment vesting provisions not applicable against person under disability--Time for commencement of action after removal of disability .

15-3-18. Tax payment vesting provisions not applicable against person under disability--Time for commencement of action after removal of disability.
Sections 15-3-15 and 15-3-16 shall not extend to lands or tenements to which there is an adverse title, the holder of which is, at the expiration of said ten years, under the age of twenty-one years, mentally ill, or imprisoned for a criminal offense for a term less than life; provided, such person shall within three years after the removal of such disability begin an action to recover possession of such lands, or to establish his title thereto, and prosecute the same to judgment with due diligence.
Source:
SDC 1939 & Supp 1960, §33.0230.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 03 - Adverse Possession And Limitation Of Actions To Recover Real Estate › Section 15-3-19 - Time allowed for assertion of irregularities in notice involving real property--Persons under disability.

15-3-19. Time allowed for assertion of irregularities in notice involving real property--Persons under disability.
Whenever any notice required by law to be served in any judicial or other proceeding authorized by law affecting the title to any real property in this state upon any person having or claiming to have any title to, interest in, or lien upon such real property heretofore has been or hereafter shall be personally served upon such person either within this state or elsewhere, and proof of such service made and filed, notwithstanding such notice may have been or may be defective in form, if it described or shall describe the real property intended to be affected with sufficient certainty to inform the person so served of the tract intended, and to enable a person of ordinary intelligence to understand the object and effect of the notice, no objection to the sufficiency or form of the notice, or to the form of proof of service shall be considered in any action or proceeding involving the title to the real property affected thereby unless the objection be properly made and advantage sought to be taken of it within three years from the personal service of the same. Nothing herein contained shall operate to extend the time for doing any of the acts herein mentioned where the failure to make such objection would, independently of this section, create an estoppel to such objection. Any person under disability at the time of the service of such notice may make objection to the regularity or sufficiency of the same at any time within three years from the removal of the disability.
Source:
SDC 1939 & Supp 1960, §33.0231.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 03 - Adverse Possession And Limitation Of Actions To Recover Real Estate › Section 15-3-21 - Real estate taxes following determination of adverse possession.

15-3-21. Real estate taxes following determination of adverse possession.
Upon a judicial determination of adverse possession the adjacent landowner acquiring the ownership and right to possession pursuant to this chapter becomes immediately liable for all future real estate taxes on the property. The previous owner may petition a circuit court to determine the precise acreage for which responsibility for real property taxes is transferred. The circuit court may assess reasonable costs including the cost of surveying the property.
Source:
SL 2018, ch 125, §2.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 03 - Adverse Possession And Limitation Of Actions To Recover Real Estate › Section 15-3-22 - Existing utility lines not affected.

15-3-22. Existing utility lines not affected.
No agreement or judicial determination of adverse possession shall affect existing utility lines.
Source:
SL 2018, ch 125, §3.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 04 - Abatement And Survival Of Actions › Section 15-4-1 - Causes of action surviving death of party--Brought by or against legal representative.

15-4-1. Causes of action surviving death of party--Brought by or against legal representative.
All causes of action shall survive and be brought, notwithstanding the death of the person entitled or liable to the same. Any such action may be brought by or against the personal representative or successors in interest of the deceased.
Source:
SL 1951, ch 186, §§1, 2; SDC Supp 1960, §33.0414-1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 04 - Abatement And Survival Of Actions › Section 15-4-2 - Action continues where cause of action survives.

15-4-2. Action continues where cause of action survives.
No action shall abate by the death or other disability of a party or by the transfer of any interest therein if the cause of action survive or continue.
Source:
SDC 1939 & Supp 1960, §33.0414.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 04 - Abatement And Survival Of Actions › Section 15-4-3 - Death of party after verdict or decision and before judgment--Judgment payable in course of administration.

15-4-3. Death of party after verdict or decision and before judgment--Judgment payable in course of administration.
If a party die after a verdict or decision upon any issue of fact, and before judgment, the court may nevertheless render judgment thereon. Such judgment is not a lien on the real property of the deceased party, but is payable in the course of administration on his estate.
Source:
SDC 1939 & Supp 1960, §33.1706.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 04 - Abatement And Survival Of Actions › Section 15-4-4 - Death of nonresident appellant pending appeal--Revival and substitution of representative required to avoid affirmance.

15-4-4. Death of nonresident appellant pending appeal--Revival and substitution of representative required to avoid affirmance.
When an intestate not being an inhabitant of the state shall die not leaving assets therein and there shall be pending in the Supreme Court an appeal brought by such intestate from a judgment against him, the court in which such appeal is pending may order the judgment appealed from affirmed with costs, unless the attorney for the intestate on said appeal procure such action to be revived within six months after notice to proceed with such appeal by the substitution of a representative in said action.
Source:
SDC 1939 & Supp 1960, §33.0414.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 05 - Venue Of Actions › Section 15-5-1 - Venue based on location of subject matter.

15-5-1. Venue based on location of subject matter.
Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated, subject to the power of the court to change the place of trial in the cases provided by the statute:
(1)For the recovery of real property, or of an estate or interest therein, or for the determination in any form of such right or interest, and for injuries to real property;
(2)For the partition of real property;
(3)For the foreclosure of a mortgage of real property;
(4)For the recovery of personal property distrained for any cause;
(5)For the recovery on a policy of insurance for loss or damage to the property insured, such property, for the purposes of this subdivision being deemed the subject of the action.
Source:
SDC 1939 & Supp 1960, §33.0301.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 05 - Venue Of Actions › Section 15-5-2 - Venue where cause of action arose.

15-5-2. Venue where cause of action arose.
Actions for the following causes, or upon the following instruments, must be tried in the county where the cause, or some part thereof, arose, or the forfeiture was declared, subject to the power of the court to change the place of trial:
(1)For the recovery of a penalty or forfeiture imposed by statute, except that when it is imposed for an offense committed on a lake or river, or other stream of water situated in two or more counties, the action may be brought in any county bordering on such lake, river, or stream, and opposite to the place where the offense was committed;
(2)Against a public officer, or person specially appointed to execute his duties, for an act done by him in virtue of his office, or against a person, who, by his command or his aid, shall do anything touching the duties of such officer;
(3)Upon a forfeited recognizance, bond, or undertaking of bail.
Source:
SDC 1939 & Supp 1960, §33.0303.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 05 - Venue Of Actions › Section 15-5-3 - Venue of actions on life, health and accident insurance policies.

15-5-3. Venue of actions on life, health and accident insurance policies.
Actions on a life, health, or accident insurance policy issued by a company organized under the laws of this state shall be tried in the county where the insured resided at the time a liability is alleged to have accrued under the policy.
Source:
SDC 1939, §33.0302; SL 1943, ch 123.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 05 - Venue Of Actions › Section 15-5-5 - Venue of actions on contracts and bonds other than fidelity bond issued by domestic company.

15-5-5. Venue of actions on contracts and bonds other than fidelity bond issued by domestic company.
Actions on contracts, surety bonds, or bonds of indemnity or liability, other than those referred to in §15-5-4, issued by any such company or companies shall be brought and tried in the county where the indemnified resides at the time said action is commenced; or in the county where such liability or loss indemnified by such contract or bond occurred.
Source:
SDC 1939, §33.0302; SL 1943, ch 123.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 05 - Venue Of Actions › Section 15-5-6 - Venue based on residence of defendant--Nonresident defendants--Payment of jurors' fees and mileage--Stipulation to venue.

15-5-6. Venue based on residence of defendant--Nonresident defendants--Payment of jurors' fees and mileage--Stipulation to venue.
In all other cases, except as provided in §15-5-7, 15-5-8, or 15-5-8.1, the action shall be tried in the county in which the defendant or defendants, or any of them, shall reside at the commencement of the action. However, if none of the defendants reside in the state, the action may be tried in any county which the plaintiff shall designate in his complaint, subject, however, to the power of the court to change the place of trial in the cases provided by statute. In the second event, the jurors' fees and mileage payments shall be paid by the parties in such proportions as the court may order. If the parties stipulate to a venue which is not specified in §§15-5-1 to 15-5-5, inclusive, the first sentence of this section, §15-5-7, 15-5-8, or 15-5-8.1, the stipulation must be approved by a court order which also provides for the payment of jurors' fees and mileage payments by the parties.
Source:
SDC 1939 & Supp 1960, §33.0304; SL 1976, ch 146; SL 1985, ch 158; SL 2016, ch 110, §2.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 05 - Venue Of Actions › Section 15-5-7 - Venue of action on promissory note.

15-5-7. Venue of action on promissory note.
An action upon a promissory note against persons, any one of whom resides in the state at the commencement of the action and was a party to said note when first delivered, shall be tried in the county in which some defendant who was a party to said note when first delivered shall reside at the commencement of the action; or if none of the defendants shall reside in the state, the same may be tried in any county which the plaintiff shall designate in his complaint, subject, however, to the power of the court to change the place of trial in the cases provided by statute.
Source:
SDC 1939 & Supp 1960, §33.0304.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 05 - Venue Of Actions › Section 15-5-8 - Venue of actions for conversion or recovery of damages.

15-5-8. Venue of actions for conversion or recovery of damages.
Actions for conversion of personal property, or for the recovery of damages to persons or property, may at the option of the plaintiff be brought and tried in the county where the damages were inflicted or the cause of action arose.
Source:
SDC 1939 & Supp 1960, §33.0304.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 05 - Venue Of Actions › Section 15-5-8.1 - Venue of actions arising out of real property lease agreements.

15-5-8.1. Venue of actions arising out of real property lease agreements.
Any breach of contract action between a lessor and a lessee that arises out of a real property lease agreement shall be tried in the county in which any portion of the real property subject to the lease agreement is located.
Source:
SL 2016, ch 110, §1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 05 - Venue Of Actions › Section 15-5-9 - Dismissal of action where party added to control venue.

15-5-9. Dismissal of action where party added to control venue.
Whenever the plaintiff in any action adds to the real party defendant the name of any other party for the purpose of controlling the venue, the court shall upon motion of the proper party defendant dismiss the action.
Source:
SDC 1939 & Supp 1960, §33.0304.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 05 - Venue Of Actions › Section 15-5-10 - Trial of action in county where commenced unless defendant demands change of venue.

15-5-10. Trial of action in county where commenced unless defendant demands change of venue.
If the county designated for that purpose in the complaint is not the proper county, the action may, notwithstanding, be tried therein unless the defendant, before the time for answering expires, demands in writing that the trial be had in the proper county, and the place of trial be thereupon changed by the consent of the parties or by order of the court, as provided in §15-5-11.
Source:
SDC 1939 & Supp 1960, §33.0305.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 05 - Venue Of Actions › Section 15-5-11 - Grounds for change of venue.

15-5-11. Grounds for change of venue.
The court may change the place of trial in the following cases:
(1)When the county designated for that purpose in the complaint is not the proper county;
(2)Where there is reason to believe that an impartial trial cannot be had therein;
(3)When the convenience of witnesses, and the ends of justice would be promoted by the change.
Source:
SDC 1939 & Supp 1960, §33.0306.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 05 - Venue Of Actions › Section 15-5-12 - Continuation of proceedings after change of venue--Transfer of papers.

15-5-12. Continuation of proceedings after change of venue--Transfer of papers.
When the place of trial is changed all other proceedings shall be had in the county to which the place of trial is changed, unless otherwise provided by the consent of the parties, in writing, duly filed, or by order of the court; and the papers shall be filed or transferred accordingly.
Source:
SDC 1939 & Supp 1960, §33.0306.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 05 - Venue Of Actions › Section 15-5-13 - Terms allowed on change of venue from improper county--Payment of costs required before continuation or commencement of new action.

15-5-13. Terms allowed on change of venue from improper county--Payment of costs required before continuation or commencement of new action.
If the county designated is not the proper county and where the court changes the place of trial on account of the action having been brought in the wrong county, the court, in its order granting the change of place of trial, may in its discretion allow to the moving party such terms as to it may seem just; and in case of a dismissal of the action or change of place of trial, the payment of the amount awarded by the court shall be made a condition precedent to the commencement of another action or the further prosecution of the action where change of place of trial has been granted.
Source:
SDC 1939 & Supp 1960, §33.0306.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 05 - Venue Of Actions › Section 15-5-14 - Change of venue in postjudgment divorce, paternity, or separate maintenance actions .

15-5-14. Change of venue in postjudgment divorce, paternity, or separate maintenance actions.
The court may change the venue of trial or hearing in postjudgment divorce, paternity, or separate maintenance actions if:
(1)The parties no longer reside in the county where the action was decided; or
(2)The parties agree; or
(3)Convenience of witnesses or the ends of justice would be promoted by the change.
Source:
SL 1998, ch 111, §1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 05A - Interactive Audiovisual Device Use In Court Proceedings › Section 15-5A-1 - General provisions.

15-5A-1. General provisions.
Whenever a proceeding in civil or criminal court is permitted under these rules to be conducted by interactive audiovisual device, the device shall enable a judge or magistrate to see and converse simultaneously with the parties, their counsel or other persons including witnesses. The interactive audiovisual signal shall be transmitted live and shall be secure from interception through lawful means by anyone other than the persons participating in the proceeding.
Parties and witnesses appearing by means of an interactive audiovisual device at proceedings authorized under this chapter to be conducted by such device are deemed to be present at the proceedings. Proceedings conducted by interactive audiovisual device under this chapter are also deemed to be conducted in open court unless otherwise closed to the public pursuant to statute.
A judge or any other person authorized by law to administer oaths may administer an oath to a witness who is not personally present but who is appearing by means of the interactive audiovisual device. The provisions of §22-29-1 shall apply even though the person taking the oath was not personally present before the person administering the oath, and prosecution for perjury shall take place in the jurisdiction of the tribunal receiving the interactive audiovisual testimony.
If parties and their counsel are at different locations, arrangements must be made so that they can communicate privately. Facilities must be available so that any documents filed or referred to during the interactive audiovisual communication, or required to be provided to a party, his or her counsel, or a witness prior to or during the proceeding, may be transmitted electronically, including, but not limited to, facsimile, personal computers, other terminal devices, and local, state, and national data networks. Any documents furnished by means of such an electronic data transmission may be served or executed by the person to whom it is sent, and returned in the same manner, and with the same force, effect, authority, and liability as an original document. All signatures on the electronic data transmissions shall be treated as original signatures.
Nothing contained herein shall be construed as affecting a defendant's right to waive counsel.
Source: SL 2007, ch 301 (Supreme Court Rule 06-69), eff. Jan. 1, 2007; SL 2022, ch 254 (Supreme Court Rule 22-01), eff. Feb. 1, 2022.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 05A - Interactive Audiovisual Device Use In Court Proceedings › Section 15-5A-2 - Traffic offense proceedings.

15-5A-2. Traffic offense proceedings.
At the discretion of the court, all traffic offense proceedings may be conducted by interactive audiovisual device.
Source:
SL 2007, ch 301 (Supreme Court Rule 06-69), eff. Jan. 1, 2007.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 05A - Interactive Audiovisual Device Use In Court Proceedings › Section 15-5A-3 - Pre-trial criminal proceedings.

15-5A-3. Pre-trial criminal proceedings.
At the discretion of the court, whenever the law requires a defendant in a misdemeanor or felony criminal case to appear before a judge or magistrate for an initial or subsequent appearance, bail, arraignment, or other pre-trial proceeding, the proceeding may be conducted by interactive audiovisual device, in which case the defendant shall not be required to be physically brought before the judge or magistrate.
Source:
SL 2007, ch 301 (Supreme Court Rule 06-69), eff. Jan. 1, 2007.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 05A - Interactive Audiovisual Device Use In Court Proceedings › Section 15-5A-4 - Misdemeanor plea or sentencing hearings.

15-5A-4. Misdemeanor plea or sentencing hearings.
At the discretion of the court, misdemeanor plea hearings and misdemeanor sentence hearings may be conducted by interactive audiovisual device.
Source:
SL 2007, ch 301 (Supreme Court Rule 06-69), eff. Jan. 1, 2007.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 05A - Interactive Audiovisual Device Use In Court Proceedings › Section 15-5A-5 - Post-conviction proceedings.

15-5A-5. Post-conviction proceedings.
At the discretion of the court, post-conviction proceedings, including habeas corpus proceedings, may be conducted by interactive audiovisual device.
Source:
SL 2007, ch 301 (Supreme Court Rule 06-69), eff. Jan. 1, 2007.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 05A - Interactive Audiovisual Device Use In Court Proceedings › Section 15-5A-6 - Juvenile proceedings.

15-5A-6. Juvenile proceedings.
At the discretion of the court, interactive audiovisual devices may be used to conduct detention, advisory, status, admissions, change of plea, dispositional and review hearings in juvenile court. Judges may, in their discretion, require legal counsel or, if proceeding pro se, a parent or legal guardian, to be physically present in the same location with a juvenile who is appearing by means of interactive audiovisual device.
Source:
SL 2007, ch 301 (Supreme Court Rule 06-69), eff. Jan. 1, 2007.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 05A - Interactive Audiovisual Device Use In Court Proceedings › Section 15-5A-7 - Civil commitment hearings.

15-5A-7. Civil commitment hearings.
At the discretion of the court, civil commitment hearings may be conducted by interactive audiovisual device.
Source:
SL 2007, ch 301 (Supreme Court Rule 06-69), eff. Jan. 1, 2007.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 05A - Interactive Audiovisual Device Use In Court Proceedings › Section 15-5A-8 - Grand jury proceedings.

15-5A-8. Grand jury proceedings.
At the discretion of the prosecuting attorney, grand jury proceedings, including taking testimony of witnesses, may be conducted by interactive audiovisual device.
Source:
SL 2007, ch 301 (Supreme Court Rule 06-69), eff. Jan. 1, 2007.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 05A - Interactive Audiovisual Device Use In Court Proceedings › Section 15-5A-9 - Where not permitted.

15-5A-9. Where not permitted.
Use of interactive audiovisual device will not be permitted to conduct any felony plea hearings, any stage of trial, felony sentencing, or probation revocation hearing unless all parties to the proceeding stipulate to the use of the interactive audiovisual device for one of the aforementioned purposes. The judge presiding over the matter always retains the discretion not to allow an appearance by interactive audiovisual device if the judge believes that to do so would prejudice any party to the proceeding.
Source:
SL 2007, ch 301 (Supreme Court Rule 06-69), eff. Jan. 1, 2007.