reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 29 - Writ Of Mandamus › Section 21-29-1 - Power to issue writ--Purposes for which used.

21-29-1. Power to issue writ--Purposes for which used.
The writ of mandamus may be issued by the Supreme and circuit courts, to any inferior tribunal, corporation, board, or person, to compel the performance of an act which the law specially enjoins as a duty resulting from an office, trust, or station; or to compel the admission of a party to the use and enjoyment of a right or office to which he is entitled, and from which he is unlawfully precluded by such inferior tribunal, corporation, board, or person.
Source:
CCivP 1877, §695; CL 1887, §5517; RCCivP 1903, §764; RC 1919, §3006; SDC 1939 & Supp 1960, §37.4501.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 29 - Writ Of Mandamus › Section 21-29-2 - Writ issued when ordinary remedy inadequate--Application and affidavit.

21-29-2. Writ issued when ordinary remedy inadequate--Application and affidavit.
The writ of mandamus must be issued in all cases where there is not a plain, speedy, and adequate remedy, in the ordinary course of law. It must be issued upon affidavit, upon the application of the party beneficially interested.
Source:
CCivP 1877, §696; CL 1887, §5518; RCCivP 1903, §765; RC 1919, §3007; SDC 1939 & Supp 1960, §37.4502.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 29 - Writ Of Mandamus › Section 21-29-3 - Alternative and peremptory writs--Terms of writ.

21-29-3. Alternative and peremptory writs--Terms of writ.
The writ of mandamus may be either alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed, and command such party, immediately upon the receipt of the writ, or at some other specified time, to do the act required to be performed, or to show cause before the court, at a specified time and place, why he has not done so. The peremptory writ must be in a similar form, except that the words requiring the party to show cause why he has not done the command, must be omitted, and a return day inserted.
Source:
CCivP 1877, §697; CL 1887, §5519; RCCivP 1903, §766; RC 1919, §3008; Supreme Court Rule 611, 1939; SDC 1939 & Supp 1960, §37.4503.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 29 - Writ Of Mandamus › Section 21-29-4 - Grant of writ on default prohibited.

21-29-4. Grant of writ on default prohibited.
The writ of mandamus cannot be granted by default. The case must be heard by the court, whether the adverse party appear or not.
Source:
CCivP 1877, §698; CL 1887, §5520; RCCivP 1903, §767; RC 1919, §3009; Supreme Court Rule 611, 1939; SDC 1939 & Supp 1960, §37.4503.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 29 - Writ Of Mandamus › Section 21-29-5 - Alternative writ issued without notice--Minimum notice required for peremptory writ.

21-29-5. Alternative writ issued without notice--Minimum notice required for peremptory writ.
When the application for writ of mandamus to the court is made without notice to the adverse party, and the writ be allowed, the alternative writ must be first issued; but if the application be upon due notice, and the writ be allowed, the peremptory writ may be issued in the first instance. The notice of the application, when given, must be at least ten days.
Source:
CCivP 1877, §698; CL 1887, §5520; RCCivP 1903, §767; RC 1919, §3009; Supreme Court Rule 611, 1939; SDC 1939 & Supp 1960, §37.4503.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 29 - Writ Of Mandamus › Section 21-29-6 - Service of writ--Service on majority of board.

21-29-6. Service of writ--Service on majority of board.
The writ of mandamus must be served in the same manner as a summons in a civil action, except when otherwise expressly directed by order of the court. Service upon a majority of the members of any board or body is service upon the board or body, whether at the time of the service the board was in session or not.
Source:
CCivP 1877, §706; CL 1887, §5528; RCCivP 1903, §775; RC 1919, §3017; SDC 1939 & Supp 1960, §37.4504.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 29 - Writ Of Mandamus › Section 21-29-7 - Answer to show cause against writ.

21-29-7. Answer to show cause against writ.
On the return of the alternative writ of mandamus, or the day on which the application for the writ is noticed, the party on whom the writ or notice has been served may show cause by answer, under oath, made in the same manner as an answer to a complaint in a civil action.
Source:
CCivP 1877, §699; CL 1887, §5521; RCCivP 1903, §768; RC 1919, §3010; Supreme Court Rule 612, 1939; SDC 1939 & Supp 1960, §37.4505.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 29 - Writ Of Mandamus › Section 21-29-8 - Hearing by court when no answer made or no questions of fact raised.

21-29-8. Hearing by court when no answer made or no questions of fact raised.
If no answer be made, the case must be heard on the papers of the applicant. If the answer raises only questions of law, or puts in issue only immaterial statements, not affecting the substantial rights of the parties, the court must proceed to hear, or fix a day for hearing the case.
Source:
CCivP 1877, §704; CL 1887, §5526; RCCivP 1903, §773; RC 1919, §3015; Supreme Court Rule 613, 1939; SDC 1939 & Supp 1960, §37.4506.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 29 - Writ Of Mandamus › Section 21-29-9 - Objections and proof countervailing answer introduced by applicant at trial.

21-29-9. Objections and proof countervailing answer introduced by applicant at trial.
On the trial the applicant is not precluded by the answer from any valid objection to its sufficiency and may countervail it by proof, either in direct denial or by way of avoidance.
Source:
CCivP 1877, §701; CL 1887, §5523; RCCivP 1903, §770; RC 1919, §3012; Supreme Court Rule 614, 1939; SDC 1939 & Supp 1960, §37.4507.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 29 - Writ Of Mandamus › Section 21-29-10 - Discretionary jury trial and postponement--Statement of question to be tried--Assessment of damages.

21-29-10. Discretionary jury trial and postponement--Statement of question to be tried--Assessment of damages.
If an answer be made which raises a question as to a matter of fact essential to the determination of the motion, and affecting the substantial rights of the parties, and upon the supposed truth of which allegation the application for the writ is based, the court may, in its discretion, order the question to be tried before a jury, and postpone the hearing until such trial can be had and the verdict certified to the court. The question to be tried must be distinctly stated in the order for trial, and the county must be designated in which the same shall be had. The order may also direct the jury to assess any damages which the applicant may have sustained, in case they find for him.
Source:
CCivP 1877, §700; CL 1887, §5522; RCCivP 1903, §769; RC 1919, §3011; Supreme Court Rule 615, 1939; SDC 1939 & Supp 1960, §37.4508.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 29 - Writ Of Mandamus › Section 21-29-11 - Verdict transmitted to court--Hearing on application.

21-29-11. Verdict transmitted to court--Hearing on application.
If no notice of a motion for a new trial be given or, if given, the motion be denied, the clerk, within five days after rendition of the verdict or denial of the motion, must transmit to the court in which the application for the writ is pending a certified copy of the verdict attached to the order of trial, after which either party may bring on the hearing on the application, upon reasonable notice to the adverse party.
Source:
CCivP 1877, §703; CL 1887, §5525; RCCivP 1903, §772; RC 1919, §3014; Supreme Court Rule 616, 1939; SDC 1939 & Supp 1960, §37.4509.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 29 - Writ Of Mandamus › Section 21-29-12 - Elements included in judgment.

21-29-12. Elements included in judgment.
If judgment be given for the applicant, he may recover the damages which he has sustained, as found by the jury or as may be determined by the court or referee, upon a reference to be ordered, together with costs; and for such damages and costs execution may issue; and a peremptory mandamus must also be awarded without delay. If judgment shall be for the defendant, costs in his favor shall be taxed as a part thereof.
Source:
CCivP 1877, §705; CL 1887, §5527; RCCivP 1903, §774; RC 1919, §3016; SDC 1939 & Supp 1960, §37.4510.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 29 - Writ Of Mandamus › Section 21-29-13 - Motion for new trial.

21-29-13. Motion for new trial.
The motion for a new trial must be made in the court in which the issue of fact is made.
Source:
CCivP 1877, §702; CL 1887, §5524; RCCivP 1903, §771; RC 1919, §3013; SDC 1939 & Supp 1960, §37.4511.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 29 - Writ Of Mandamus › Section 21-29-14 - Fine for disobedience of peremptory writ--Imprisonment on persistent disobedience.

21-29-14. Fine for disobedience of peremptory writ--Imprisonment on persistent disobedience.
When a peremptory mandamus has been issued and directed to any inferior tribunal, corporation, board, or person, if it appear to the court that any member of such tribunal, corporation, board, or any person upon whom the writ has been personally served, has, without just excuse, refused or neglected to obey the same, the court may, upon motion, impose a fine not exceeding one thousand dollars. In case of persistence in a refusal of obedience, the court may order the party to be imprisoned until the writ is obeyed, and may make any orders necessary and proper for the complete enforcement of the writ.
Source:
CCivP 1877, §707; CL 1887, §5529; RCCivP 1903, §776; RC 1919, §3018; SDC 1939 & Supp 1960, §37.4512.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 30 - Writ Of Prohibition › Section 21-30-1 - Counterpart of mandamus--Purposes for which writ used.

21-30-1. Counterpart of mandamus--Purposes for which writ used.
The writ of prohibition is the counterpart of the writ of mandamus. It arrests the proceedings, administrative or judicial, of any tribunal, corporation, board, or person, when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, board, or person, or are without or in excess of the powers of authority conferred by law upon such tribunal, corporation, board, or person.
Source:
CCivP 1877, §708; CL 1887, §5530; RCCivP 1903, §777; RC 1919, §3019; SL 1921, ch 424; SDC 1939 & Supp 1960, §37.4401.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 30 - Writ Of Prohibition › Section 21-30-2 - Power to issue writ where ordinary remedy inadequate.

21-30-2. Power to issue writ where ordinary remedy inadequate.
The writ of prohibition may be issued by the Supreme and circuit courts, to an inferior tribunal, or to a corporation, board, or person, in all cases where there is not a plain, speedy, and adequate remedy in the ordinary course of law.
Source:
CCivP 1877, §709; CL 1887, §5531; RCCivP 1903, §778; RC 1919, §3020; SDC 1939 & Supp 1960, §37.4402.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 30 - Writ Of Prohibition › Section 21-30-3 - Affidavit and application for writ.

21-30-3. Affidavit and application for writ.
The writ of prohibition may be issued upon affidavit on application of the person beneficially interested.
Source:
CCivP 1877, §709; CL 1887, §5531; RCCivP 1903, §778; RC 1919, §3020; Supreme Court Rule 608, 1939; SDC 1939 & Supp 1960, §37.4403.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 30 - Writ Of Prohibition › Section 21-30-4 - Alternative and peremptory writs--Terms of writ.

21-30-4. Alternative and peremptory writs--Terms of writ.
The writ of prohibition must be alternative or peremptory. The alternative writ must state generally the allegation against the party to whom it is directed, and command such party to desist or refrain from further proceedings in the action or matter specified therein, until further order of the court from which it is issued, and to show cause before such court, at a specified time and place, why such party should not be absolutely restrained from any further proceedings in such action or matter. The peremptory writ must be in a similar form, except that the words requiring the party to show cause why he should not be absolutely restrained must be omitted and a return day inserted.
Source:
CCivP 1877, §710; CL 1887, §5532; RCCivP 1903, §779; RC 1919, §3021; Supreme Court Rule 609, 1939; SDC 1939 & Supp 1960, §37.4404.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 30 - Writ Of Prohibition › Section 21-30-5 - Proceedings as for mandamus.

21-30-5. Proceedings as for mandamus.
The provisions for proceedings in mandamus apply to this proceeding, except where inconsistent therewith.
Source:
CCivP 1877, §711; CL 1887, §5533; RCCivP 1903, §780; RC 1919, §3022; Supreme Court Rule 610, 1939; SDC 1939 & Supp 1960, §37.4405.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 31 - Certiorari › Section 21-31-1 - Power to grant writ--Purposes for which used.

21-31-1. Power to grant writ--Purposes for which used.
A writ of certiorari may be granted by the Supreme and circuit courts, when inferior courts, officers, boards, or tribunals have exceeded their jurisdiction, and there is no writ of error or appeal nor, in the judgment of the court, any other plain, speedy, and adequate remedy.
Source:
CCivP 1877, §685; CL 1887, §5507; RCCivP 1903, §754; RC 1919, §2996; SDC 1939 & Supp 1960, §37.0401.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 31 - Certiorari › Section 21-31-2 - Application for writ on affidavit--Notice to adverse party--Order to show cause.

21-31-2. Application for writ on affidavit--Notice to adverse party--Order to show cause.
The application for a writ of certiorari must be made on affidavit by the party beneficially interested, and the court may require a notice of the application to be given to the adverse party, or may grant an order to show cause why it should not be allowed, or may grant the writ without notice.
Source:
CCivP 1877, §686; CL 1887, §5508; RCCivP 1903, §755; RC 1919, §2997; Supreme Court Rule 556, 1939; SDC 1939 & Supp 1960, §37.0402.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 31 - Certiorari › Section 21-31-3 - Agency or person to whom writ directed.

21-31-3. Agency or person to whom writ directed.
The writ of certiorari may be directed to the inferior court, tribunal, board, or officer, or to any other person having the custody of the records or proceedings to be certified.
Source:
CCivP 1877, §687; CL 1887, §5509; RCCivP 1903, §756; RC 1919, §2998; Supreme Court Rule 557, 1939; SDC 1939 & Supp 1960, §37.0403.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 31 - Certiorari › Section 21-31-4 - Direction to certify record--Stay of proceedings.

21-31-4. Direction to certify record--Stay of proceedings.
The writ of certiorari shall command the party to whom it is directed to certify fully to the court issuing the writ, at a specified time and place, and annex to the writ a transcript of the record and proceedings, describing or referring to them, with convenient certainty, that the same may be reviewed by the court, and requiring the party in the meantime, to desist from further proceedings in the matter to be reviewed.
Source:
CCivP 1877, §688; CL 1887, §5510; RCCivP 1903, §757; RC 1919, §2999; Supreme Court Rule 588, 1939; SDC 1939 & Supp 1960, §37.0404.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 31 - Certiorari › Section 21-31-5 - Omission of stay of proceedings discretionary with court.

21-31-5. Omission of stay of proceedings discretionary with court.
If a stay of proceedings be not intended, the words requiring the stay must be omitted from the writ of certiorari; these words may be inserted or omitted, in the sound discretion of the court, but if omitted, the power of the inferior court or officer is not suspended or the proceedings stayed.
Source:
CCivP 1877, §689; CL 1887, §5511; RCCivP 1903, §758; RC 1919, §3000; Supreme Court Rule 559, 1939; SDC 1939 & Supp 1960, §37.0405.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 31 - Certiorari › Section 21-31-6 - Service of writ.

21-31-6. Service of writ.
The writ of certiorari must be served in the same manner as a summons in a civil action, except when otherwise expressly directed by the court.
Source:
CCivP 1877, §690; CL 1887, §5512; RCCivP 1903, §759; RC 1919, §3001; Supreme Court Rule 560, 1939; SDC 1939 & Supp 1960, §37.0406.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 31 - Certiorari › Section 21-31-7 - Further return if return of writ defective--Hearing and judgment by court.

21-31-7. Further return if return of writ defective--Hearing and judgment by court.
If the return of the writ of certiorari be defective the court may order a further return to be made. When a full return has been made the court must hear the parties, or such of them as may attend for that purpose, and may thereupon, give judgment either affirming or annulling or modifying the proceedings below.
Source:
CCivP 1877, §692; CL 1887, §5514; RCCivP 1903, §761; RC 1919, §3003; SDC 1939 & Supp 1960, §37.0408.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 31 - Certiorari › Section 21-31-8 - Scope of review on writ.

21-31-8. Scope of review on writ.
The review upon writ of certiorari cannot be extended further than to determine whether the inferior court, tribunal, board, or officer, has regularly pursued the authority of such court, tribunal, board, or officer.
Source:
CCivP 1877, §691; CL 1887, §5513; RCCivP 1903, §760; RC 1919, §3002; SDC 1939 & Supp 1960, §37.0407.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 31 - Certiorari › Section 21-31-9 - Judgment roll.

21-31-9. Judgment roll.
A copy of the judgment, signed by the clerk, entered upon or attached to the writ and return, constitute the judgment roll.
Source:
CCivP 1877, §694; CL 1887, §5516; RCCivP 1903, §763; RC 1919, §3005; SDC 1939 & Supp 1960, §37.0410.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 31 - Certiorari › Section 21-31-10 - Transmittal of judgment to inferior court or agency.

21-31-10. Transmittal of judgment to inferior court or agency.
A copy of the judgment, signed by the clerk, must be transmitted to the inferior court, tribunal, board, or officer, having the custody of the record or proceeding certified up.
Source:
CCivP 1877, §693; CL 1887, §5515; RCCivP 1903, §762; RC 1919, §3004; SDC 1939 & Supp 1960, §37.0409.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 32 - Remedies Against The State › Section 21-32-1 - Office of Commissioner of Claims created--Appointment of circuit judge to act.

21-32-1. Office of Commissioner of Claims created--Appointment of circuit judge to act.
There is hereby created the Office of Commissioner of Claims. The presiding circuit judge for the county in this state in which an alleged claim on contract or tort against the state has arisen shall appoint a circuit judge from the circuit for the county in which the action arose lies to act ex officio as the commissioner.
Source:
SL 1947, ch 156, §1; SDC Supp 1960, §33.4301; SL 1978, ch 157, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 32 - Remedies Against The State › Section 21-32-2 - Limitation of actions on claims against the state.

21-32-2. Limitation of actions on claims against the state.
Action on any claim on contract or tort against the state shall be commenced within one year after same has arisen.
Source:
SL 1947, ch 156, §7; SDC Supp 1960, §33.4307.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 32 - Remedies Against The State › Section 21-32-3 - Filing of petition on claim for which no appointment--Certification to presiding circuit judge--Appointment of commissioner--Filing if claim arose, or petitioner resides, out of state.

21-32-3. Filing of petition on claim for which no appointment--Certification to presiding circuit judge--Appointment of commissioner--Filing if claim arose, or petitioner resides, out of state.
Upon the filing with the clerk of courts of the county in which such claim arose of a petition in form of a complaint duly verified, setting forth, among other things that the petitioner has a just and meritorious claim against the State of South Dakota for the payment of which no appropriation exists, the clerk of courts, upon payment of his fees, shall certify under his seal to the presiding circuit judge of the circuit in which such county lies the said petition whereupon the said presiding circuit judge shall appoint a circuit judge who shall act as such commissioner of claims as provided in this chapter. If the claim arose, or was otherwise reduced to judgment, in a jurisdiction outside of South Dakota, the petition shall be filed with the clerk of courts of the county where the petitioner resides or, if the petitioner does not reside in South Dakota, with the clerk of courts of Hughes County.
Source:
SL 1947, ch 156, §2; SDC Supp 1960, §33.4302; SL 1978, ch 157, §2; SL 1992, ch 167.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 32 - Remedies Against The State › Section 21-32-4 - Service of petition on attorney general--Answer and defense by attorney general.

21-32-4. Service of petition on attorney general--Answer and defense by attorney general.
Within five days after the filing of said petition with the clerk of courts the petitioner shall cause to be served upon the attorney general of the state, in the manner required for service of a summons in civil actions, a certified copy of such petition. Within thirty days after the service of such petition the attorney general may file with the clerk of courts his answer thereto; provided, the failure of the attorney general to file an answer shall not preclude him from participating in any hearing herein provided for and urging any defense or objection thereto he may deem proper.
Source:
SL 1947, ch 156, §3; SDC Supp 1960, §33.4303.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 32 - Remedies Against The State › Section 21-32-5 - Time and place fixed for hearing claim--Notice to attorney general.

21-32-5. Time and place fixed for hearing claim--Notice to attorney general.
At any time after thirty days after the service of such petition upon the attorney general and upon ten days' notice by either party the commissioner shall fix a time and place for hearing said claim, due notice of which shall at least ten days prior to the day fixed for hearing be given in writing to the attorney general.
Source:
SL 1947, ch 156, §4; SDC Supp 1960, §33.4304.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 32 - Remedies Against The State › Section 21-32-6 - Evidence received at hearing on claim--Adjournment of hearing.

21-32-6. Evidence received at hearing on claim--Adjournment of hearing.
At such hearing the commissioner shall hear and consider evidence in support or in opposition to such claim. The testimony presented at such hearing shall be under oath and such hearing may be adjourned from time to time as the commissioner may deem necessary to afford the persons interested a full opportunity to present all of the necessary, relevant, and pertinent facts in connection with the merits of such claim in conformity with the rules of evidence in civil proceedings.
Source:
SL 1947, ch 156, §5; SDC Supp 1960, §33.4305.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 32 - Remedies Against The State › Section 21-32-7 - Filing of commissioner's findings on claim against the state--Submission to Governor and Legislature--Findings advisory only.

21-32-7. Filing of commissioner's findings on claim against the state--Submission to Governor and Legislature--Findings advisory only.
After the conclusion of such hearing, the commissioner shall prepare his findings, fully itemized, in respect to the amount of the claim or damages. Such findings shall be filed in the office of the clerk of courts of the county in which the petition was filed and a duplicate thereof filed in the Office of the Governor, who shall submit the same to the next session of the Legislature for consideration, compromise, settlement, or rejection by appropriate action. The findings of the commissioner shall be advisory only, and shall not be construed or considered as an acknowledgment of liability in any manner or extent on the part of the state.
Source:
SL 1947, ch 156, §6; SDC Supp 1960, §33.4306.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 32 - Remedies Against The State › Section 21-32-8 - State as defendant in actions involving property.

21-32-8. State as defendant in actions involving property.
In any and all actions to determine adverse claims to real or personal property, or involving the possession of real or personal property, or to foreclose mortgages or other liens upon real or personal property, or to partition the same, the State of South Dakota may be sued and made defendant in the courts of this state.
Source:
SL 1919, ch 156, §1; SL 1923, ch 141; SDC 1939 & Supp 1960, §33.0403.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 32 - Remedies Against The State › Section 21-32-9 - Service on attorney general in property action involving state--Appearance and representation of state.

21-32-9. Service on attorney general in property action involving state--Appearance and representation of state.
When the State of South Dakota is made defendant pursuant to §21-32-8, service shall be made upon it by the service of a copy of the summons and complaint upon the attorney general, who shall represent the state in the action and protect its rights and interest, if any it has in said real or personal property and he may require the state's attorney of the county where said property is situated to assist him in such litigation.
Source:
SL 1919, ch 156, §2; SL 1923, ch 141; SDC 1939 & Supp 1960, §33.0403.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 32 - Remedies Against The State › Section 21-32-10 - Original action in Supreme Court on claim disallowed by state auditor--Filing of complaint.

21-32-10. Original action in Supreme Court on claim disallowed by state auditor--Filing of complaint.
It shall be competent for any person deeming himself aggrieved by the refusal of the state auditor to allow any just claim against the state, to commence an action against the state by filing with the clerk of the Supreme Court in accordance with chapter 15-25 a complaint setting forth fully and particularly the nature of the claim.
Source:
SL 1890, ch 1, §1; RCCivP 1903, §25; RC 1919, §2109; SDC 1939 & Supp 1960, §33.0604.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 32 - Remedies Against The State › Section 21-32-11 - Undertaking for costs filed by plaintiff in Supreme Court action.

21-32-11. Undertaking for costs filed by plaintiff in Supreme Court action.
At the time a complaint is filed pursuant to §21-32-10, the plaintiff shall file an undertaking in the penal sum of five hundred dollars, with two or more sureties, to be approved by the state treasurer, to the effect that he will indemnify the state against all costs that may accrue in such action, and pay to the clerk of the Supreme Court all costs in case he shall fail to prosecute his action, or to obtain a judgment against the state; and thereupon the action shall be placed upon the calendar of said court.
Source:
SL 1890, ch 1, §1; RCCivP 1903, §25; RC 1919, §2109; SDC 1939 & Supp 1960, §33.0604.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 32 - Remedies Against The State › Section 21-32-12 - Service of complaint and notice to plead on attorney general--Pleading by attorney general.

21-32-12. Service of complaint and notice to plead on attorney general--Pleading by attorney general.
The plaintiff, within ten days after having filed the complaint and undertaking, pursuant to §§21-32-10 and 21-32-11, shall serve a copy of the complaint upon the attorney general and the state auditor, together with a notice to plead or answer thereto within thirty days after the service of such complaint and notice, exclusive of the day of service; and the attorney general shall thereupon be required to answer or plead within the time specified in such notice.
Source:
SL 1890, ch 1, §2; RCCivP 1903, §26; SL 1913, ch 166; RC 1919, §2110; SDC 1939 & Supp 1960, §33.0604.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 32 - Remedies Against The State › Section 21-32-13 - Trial of action in Supreme Court.

21-32-13. Trial of action in Supreme Court.
The trial of such action shall be conducted in accordance with chapter 15-25 and any special rule or order made for trial of the particular case by the Supreme Court.
Source:
SL 1890, ch 1, §3; RCCivP 1903, §27; RC 1919, §2111; SDC 1939 & Supp 1960, §33.0604.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 32 - Remedies Against The State › Section 21-32-14 - Execution not issued against state--Judgment certified to state auditor--Payment of damages.

21-32-14. Execution not issued against state--Judgment certified to state auditor--Payment of damages.
No execution shall issue against the state on any judgment, but whenever final judgment against the state shall have been obtained in any action under §§21-32-10 to 21-32-13, inclusive, the clerk of the Supreme Court shall make and furnish to the state auditor a duly certified transcript of such judgment, and the auditor shall thereupon audit the amount of damages and costs therein awarded, and the same shall be paid out of the state treasury.
Source:
SL 1890, ch 1, §4; RCCivP 1903, §28; RC 1919, §2112; SDC 1939 & Supp 1960, §33.0604.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 32 - Remedies Against The State › Section 21-32-15 - Liability insurance--Purchase by state.

21-32-15. Liability insurance--Purchase by state.
The State of South Dakota, through the commissioner of administration, may obtain and pay for public liability insurance to the extent and for the purposes considered expedient by the commissioner for the purpose of insuring the liability of the state, its officers, agents, or employees.
Source:
SL 1981, ch 169, §1; SL 1984, ch 162.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 32 - Remedies Against The State › Section 21-32-16 - Waiver of immunity to extent of insurance coverage--Consent to suit.

21-32-16. Waiver of immunity to extent of insurance coverage--Consent to suit.
To the extent such liability insurance is purchased pursuant to §21-32-15 and to the extent coverage is afforded thereunder, the state shall be deemed to have waived the common law doctrine of sovereign immunity and consented to suit in the same manner that any other party may be sued.
Source:
SL 1981, ch 169, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 32 - Remedies Against The State › Section 21-32-17 - Immunity of state officers, employees, and agents.

21-32-17. Immunity of state officers, employees, and agents.
Except as provided in §21-32-16, any employee, officer, or agent of the state, while acting within the scope of his employment or agency, whether such acts are ministerial or discretionary, is immune from suit or liability for damages brought against him in either his individual or official capacity.
Source:
SL 1983, ch 16, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 32 - Remedies Against The State › Section 21-32-18 - Service on attorney general required for waiver--Judgment void without service.

21-32-18. Service on attorney general required for waiver--Judgment void without service.
In order for waiver of sovereign immunity in §21-32-16 to be effective in an action against a state official, employee, or agent; notice of the action shall be given to the attorney general as provided in §15-6-4(d). The attorney general shall within thirty days after the receipt of service, sign and date the admission of service and mail it to the sender. Any judgment rendered in an action involving waiver of sovereign immunity pursuant to §21-32-16 is void unless service has been made as provided herein.
Source:
SL 1984, ch 144, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 32 - Remedies Against The State › Section 21-32-19 - Payment of certain medical and property damage claims against state--Rules.

21-32-19. Payment of certain medical and property damage claims against state--Rules.
The commissioner of administration may adopt rules pursuant to chapter 1-26 establishing a policy for the payment of, and may pay for, property damage and medical claims made against the state up to an amount of two thousand dollars. Any rules adopted by the commissioner pursuant to §§21-32-19 to 21-32-21, inclusive, shall provide for approval of claims by the attorney general prior to payment, require a release of all claims against the state or any employee or agent thereof arising from the incident, require a written statement of any state employee involved in an incident regarding the facts involved, allow payment only when the settled law of this state would impose liability upon the state or its employee in the absence of governmental or sovereign immunity and provide that any payment be reduced by any amount owed to the state or any of its agencies by the claimant.
Source:
SL 1988, ch 183, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 32 - Remedies Against The State › Section 21-32-20 - Sovereign immunity not waived.

21-32-20. Sovereign immunity not waived.
Neither §§21-32-19 to 21-32-21, inclusive, nor any rules promulgated thereunder may be deemed a waiver or alteration of the doctrine of governmental or sovereign immunity.
Source:
SL 1988, ch 183, §1A.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 32 - Remedies Against The State › Section 21-32-21 - Effectiveness of § 21-32-19.

21-32-21. Effectiveness of §21-32-19.
The provisions of §21-32-19 and any rules adopted thereunder are not effective while the state participates in the liability coverage program for public entities pursuant to chapter 3-22 or to the extent coverage is afforded under any contract of insurance the state may purchase.
Source:
SL 1988, ch 183, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 32A - Remedies Against Public Entities › Section 21-32A-1 - Waiver of sovereign immunity to extent of risk sharing pool or insurance coverage.

21-32A-1. Waiver of sovereign immunity to extent of risk sharing pool or insurance coverage.
To the extent that any public entity, other than the state, participates in a risk sharing pool or purchases liability insurance and to the extent that coverage is afforded thereunder, the public entity shall be deemed to have waived the common law doctrine of sovereign immunity and shall be deemed to have consented to suit in the same manner that any other party may be sued. The waiver contained in this section and §§21-32A-2 and 21-32A-3 is subject to the provisions of §3-22-17.
Source:
SL 1986, ch 175, §1; SL 1987, ch 163, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 32A - Remedies Against Public Entities › Section 21-32A-2 - Immunity of employees, officers, or agents--Affirmative defense.

21-32A-2. Immunity of employees, officers, or agents--Affirmative defense.
Except insofar as a public entity, including the state, participates in a risk sharing pool or insurance is purchased pursuant to §21-32A-1, any employee, officer, or agent of the public entity, including the state, while acting within the scope of his employment or agency, whether such acts are ministerial or discretionary, is immune from suit or liability for damages brought against him in either his individual or official capacity. The immunity recognized herein may be raised by way of affirmative defense.
Source:
SL 1986, ch 175, §2; SL 1987, ch 163, §2; SL 1991, ch 184.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 32A - Remedies Against Public Entities › Section 21-32A-3 - Immunity of public entities--Affirmative defense.

21-32A-3. Immunity of public entities--Affirmative defense.
Except insofar as a public entity participates in a risk sharing pool or insurance is purchased pursuant to §21-32A-1, any public entity is immune from liability for damages whether the function in which it is involved is governmental or proprietary. The immunity recognized herein may be raised by way of affirmative defense.
Source:
SL 1986, ch 175, §3; SL 1987, ch 163, §3.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 34 - Administrative Process Enforced Under Contempt Powers › Section 21-34-1 - Administrative actions enforceable under chapter--Statutory violation defined as contempt.

21-34-1. Administrative actions enforceable under chapter--Statutory violation defined as contempt.
Whenever it is provided in any statute in substance to the effect, that the failure to obey the process, subpoena, order, rule, regulation, judgment, or other legal command of any public officer, department, commission, board, or tribunal, or that violation of any statute may be punished as a contempt of court, or that obedience to anything may be commanded or violation of anything punished as a contempt of court and no other method is specifically provided for invoking the contempt process of the court, the same may be done as provided by this chapter.
Source:
SDC 1939, §65.0107.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 34 - Administrative Process Enforced Under Contempt Powers › Section 21-34-2 - Certificate of facts showing violation prepared by officer--Contents.

21-34-2. Certificate of facts showing violation prepared by officer--Contents.
The officer who issued, or the party to a proceeding seeking enforcement of, the process, subpoena, order, rule, regulation, judgment, or other legal command referred to in §21-34-1 or who is vested with the duty of enforcing the obedience or stopping the violation of the statute, or in case of a department, commission, or board, either the presiding officer thereof or a majority of the members, shall prepare a notarized certificate of the facts showing the obedience which it desires to enforce or the violation which it desires to stop so that the jurisdiction of the court will appear; showing also the date of the occurrence or condition involved, the name, address, and location so far as known of the person against whom it desires to invoke the contempt process; and showing all relevant facts necessary to establish the right and charge and to specify the relief which it desires to obtain by such contempt process.
Source:
SDC 1939, §65.0107; SL 1985, ch 171, §1.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 34 - Administrative Process Enforced Under Contempt Powers › Section 21-34-3 - Judge to whom certificate of facts directed.

21-34-3. Judge to whom certificate of facts directed.
The certificate described in §21-34-2 shall be directed or addressed to the circuit court having jurisdiction over the county in which the events occurred or the condition exists wherein it is desired to enforce obedience or stop violations, or over the county of the residence of the person against whom the contempt process is sought, as the agency, or party seeking to invoke such process may elect.
Source:
SDC 1939, §65.0107; SL 1985, ch 171, §2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 34 - Administrative Process Enforced Under Contempt Powers › Section 21-34-4 - Presentation of certificate to judge--Service of process and copy of certificate on offender.

21-34-4. Presentation of certificate to judge--Service of process and copy of certificate on offender.
The original, and a copy of the certificate for each person against whom contempt process is sought, shall be filed in the office of the clerk of courts of the county in which jurisdiction is laid and shall be served, together with a summons, citation, or order to show cause or similar process requiring the person or persons to appear and answer or show cause at a time and place specified therein, as the court may decide in the same manner as a complaint in a civil proceeding.
Source:
SDC 1939, §65.0107; SL 1985, ch 171, §3.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 34 - Administrative Process Enforced Under Contempt Powers › Section 21-34-5 - Procedural matters prescribed by court.

21-34-5. Procedural matters prescribed by court.
In any and all cases under this chapter the court shall have jurisdiction to make such orders fixing the procedure, time, and place of hearing, notice to parties, appearances, requirements of pleading, taking evidence by deposition or otherwise, and other administrative details as to it may appear warranted for the purpose of a full hearing and presentation of the facts and laws involved, in person or by counsel, so that the matter may be fairly and correctly determined.
Source:
SDC 1939, §65.0107.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 34 - Administrative Process Enforced Under Contempt Powers › Section 21-34-6 - Power of court to compel obedience and punish violations--Maximum penalties.

21-34-6. Power of court to compel obedience and punish violations--Maximum penalties.
In any and all cases under this chapter, the court shall have jurisdiction by order, judgment, or decree to compel the obedience or stop or punish the violation which is certified and to fix such time within which obedience may be made or violation stopped and to order, adjudge, or decree and enforce a penalty not exceeding a fine of five thousand dollars or confinement in any county jail or state prison not exceeding one year, or both such fine and imprisonment.
Source:
SDC 1939, §65.0107.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 34 - Administrative Process Enforced Under Contempt Powers › Section 21-34-7 - Officers empowered to serve process and carry out orders of court.

21-34-7. Officers empowered to serve process and carry out orders of court.
All wardens, sheriffs, marshals, policemen, and peace officers of the state shall have jurisdiction to serve the papers, process, and otherwise carry out the orders and process of any court, lawfully made pursuant to the provisions of this chapter.
Source:
SDC 1939, §65.0107.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 34 - Administrative Process Enforced Under Contempt Powers › Section 21-34-8 - Source of payment for expenses of officials.

21-34-8. Source of payment for expenses of officials.
The expenses of officials in making service or performing other legal duties under this chapter for which expense no fee is allowed by law, shall be paid by the county or from the public funds under control of the public officer, department, commission, or board which may be available for the purpose, as the court may order.
Source:
SDC 1939, §65.0107.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 34 - Administrative Process Enforced Under Contempt Powers › Section 21-34-9 - Costs awarded.

21-34-9. Costs awarded.
Costs including attorneys fees may be ordered in the discretion of the court for or against any party involved and paid as other expenses of the proceeding.
Source:
SDC 1939, §65.0107; SL 1985, ch 171, §4.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 34 - Administrative Process Enforced Under Contempt Powers › Section 21-34-10 - Remissions, suspension, and purging of contempt.

21-34-10. Remissions, suspension, and purging of contempt.
An order, judgment, or decree under this chapter may provide for such remissions or suspension of fine and confinement upon performance or purging of the contempt as the court may decide to incorporate therein. Or, the court may make any such remission or suspension thereafter by supplemental order, judgment, or decree as to it may seem warranted.
Source:
SDC 1939, §65.0107.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 34 - Administrative Process Enforced Under Contempt Powers › Section 21-34-11 - Reinvoking contempt process on continuing violation.

21-34-11. Reinvoking contempt process on continuing violation.
Nothing contained in this chapter shall prevent reinvoking such contempt process if disobedience or violation continues after payment of the fine or service of the confinement sentence has been completed.
Source:
SDC 1939, §65.0107.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 34 - Administrative Process Enforced Under Contempt Powers › Section 21-34-12 - Judicial power to enforce own order unaffected.

21-34-12. Judicial power to enforce own order unaffected.
Nothing contained in this chapter shall affect or regulate the power of any court to punish contempts of such court for violation of any of its own rules, regulations, orders, judgments, decrees, commands, or judicial functions in cases where such jurisdiction inheres in the court as part of its judicial powers or jurisdiction, or is otherwise given to it as original contempt jurisdiction by statute, but the procedure in such cases shall be according to such inherent jurisdiction or statutory jurisdiction of such court as otherwise provided.
Source:
SDC 1939, §65.0107.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 34 - Administrative Process Enforced Under Contempt Powers › Section 21-34-13 - Appeal to Supreme Court.

21-34-13. Appeal to Supreme Court.
From any order, judgment, decree, or other command of the court made pursuant to the jurisdiction or in excess of the jurisdiction given to it by this chapter, an appeal may be taken to the Supreme Court of this state within the time and in the manner provided by law for taking appeals from other orders, judgments, decrees, or commands of a circuit court.
Source:
SDC 1939, §65.0107.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 34 - Administrative Process Enforced Under Contempt Powers › Section 21-34-14 - Stay of execution pending appeal to Supreme Court.

21-34-14. Stay of execution pending appeal to Supreme Court.
Stay of execution in cases appealed pursuant to §21-34-13 shall be in the discretion of the circuit court, but subject to right of application by any party interested to the Supreme Court on the matter of such stay of execution for such modification of any order granting or refusing the same as to the Supreme Court may seem warranted.
Source:
SDC 1939, §65.0107.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 35 - Condemnation Under Power Of Eminent Domain › Section 21-35-1 - Condemnors covered by chapter--Petition for ascertainment of compensation by jury.

21-35-1. Condemnors covered by chapter--Petition for ascertainment of compensation by jury.
In all cases where any person, group, or corporation, public or private, including the owners of water rights, ditches, flumes, reservoirs, and mining property under the provisions of the laws of Congress, invested with the privilege of taking or damaging private property for public use, in making, constructing, repairing, or using any work or improvement allowed by law, shall determine to exercise such privilege, it shall file a petition in the circuit court for the county in which the property to be taken or damaged is situated, praying that the just compensation to be made for such property may be ascertained by a jury.
Source:
SL 1891, ch 94, §1; RCCivP 1903, §863; RC 1919, §2938; SDC 1939 & Supp 1960, §37.4001.