reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 30 - Disposition Of Appeals To Supreme Court › Section 15-30-2 - Reversal, affirmance or modification of judgment or order appealed from--Entry of new judgment or order--New trial--Part of judgment or order appealed from.

15-30-2. Reversal, affirmance or modification of judgment or order appealed from--Entry of new judgment or order--New trial--Part of judgment or order appealed from.
Upon an appeal from a judgment or order, the Supreme Court may reverse, affirm, or modify the judgment or order, and may direct the entry of such judgment or order as the court deems required by the record, as to any or all of the parties; and may, if necessary or proper, order a new trial; and if the appeal is from a part of the judgment or order, may reverse, affirm, or modify as to the part appealed from.
Source:
SDC 1939 & Supp 1960, §33.0730.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 30 - Disposition Of Appeals To Supreme Court › Section 15-30-3 - Judgment directed for party entitled to directed verdict.

15-30-3. Judgment directed for party entitled to directed verdict.
The Supreme Court on appeal from an order granting a new trial, or upon a review of an order denying a new trial in the action in which such motion was made, or on appeal from the judgment, may order and direct judgment to be entered in favor of the party who was entitled to have such verdict directed in his or its favor, whenever it shall appear from the testimony that the party was entitled to have such motion granted.
Source:
SDC 1939, §33.1705; Supreme Court Rule adopted May 25, 1951.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 30 - Disposition Of Appeals To Supreme Court › Section 15-30-4 - Time for petition for rehearing--Contents, form, and filing of petition.

15-30-4. Time for petition for rehearing--Contents, form, and filing of petition.
A petition for the rehearing of a cause heard on appeal to the Supreme Court may be served and filed within twenty days after the date of filing of the formal opinion or the order of summary disposition. Any party may serve and file answer thereto within ten days after service of the petition. The petition shall state briefly the ground upon which a rehearing is asked and the points supposed to have been overlooked or misapprehended by the court, with proper reference to the particular portion of the printed record and to the authorities relied upon. The petition and answer may be typewritten.
Source: SDC 1939 & Supp 1960, §33.0751; SL 1991, ch 429 (Supreme Court Rule 90-06); SL 2023, ch 231 (Supreme Court Rule 23-14), eff. Apr. 1, 2023.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 30 - Disposition Of Appeals To Supreme Court › Section 15-30-5 - Briefs and argument when rehearing granted--Notice to attorneys of action on petition.

15-30-5. Briefs and argument when rehearing granted--Notice to attorneys of action on petition.
If a rehearing be granted, the Supreme Court in its order will prescribe the form and time of service of briefs or provide for oral argument as may seem appropriate to the case. The clerk of the court shall notify the attorneys of record by mail of the action of the court granting or denying a petition for rehearing.
Source:
SDC 1939 & Supp 1960, §33.0751.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 30 - Disposition Of Appeals To Supreme Court › Section 15-30-6 - Costs allowed to prevailing party on appeal.

15-30-6. Costs allowed to prevailing party on appeal.
Costs on appeal to the Supreme Court shall be allowed to the prevailing party in civil actions and special proceedings, provided, however, that the cost of printing or reproducing briefs as set out in (3) and the cost of transcripts as set out in (4) are recoverable only if the required proof of such costs is filed with the clerk of the Supreme Court prior to entry of the court's decision. Allowable costs are set out as follows:
(1)The amount of the statutory fees of the clerk of the Supreme Court and the clerk of the trial court;
(2)For argument in the Supreme Court, thirty dollars;
(3)For printing of brief, exclusive of any appendix thereto, when printed to conform to the rules of the Supreme Court, not to exceed two dollars and fifty cents per page, or for reproduction of brief by other approved method, not to exceed fifteen cents per page times the number of necessary copies not to exceed twenty unless necessary to meet service and filing requirements, provided that the costs taxed for printing or reproducing a brief shall not exceed the actual cost thereof, which actual cost is to be evidenced by an affidavit of counsel setting out the necessary number of briefs reproduced, the number of pages per brief, and the actual per page cost;
(4)The cost of the original and two copies of the transcript necessarily procured for the purpose of an appeal record, if the same has not heretofore been taxed as costs in the trial court, such cost to be evidenced by a copy of the reporter's bill and an affidavit of counsel stating that the cost of the transcript has not been taxed in the trial court; and
(5)When a judgment is affirmed the court may, in its discretion, also award damages for the delay, not to exceed ten percent of the amount of the judgment.
Source:
SDC 1939, §33.0712; SL 1951, ch 184; SL 1961, ch 180; SL 1980, ch 167, §1; Supreme Court Rule 85-1; SL 1992, ch 367 (Supreme Court Rule 92-2).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 30 - Disposition Of Appeals To Supreme Court › Section 15-30-7 - Discretionary allowance of costs on appeal.

15-30-7. Discretionary allowance of costs on appeal.
In the following cases the costs of an appeal must be in the discretion of the Supreme Court:
(1)When a new trial shall be ordered;
(2)When a judgment shall be affirmed in part and reversed in part.
Source:
SDC 1939 & Supp 1960, §33.0713.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 30 - Disposition Of Appeals To Supreme Court › Section 15-30-8 - Taxation of costs and damages by clerk--Notice to attorneys.

15-30-8. Taxation of costs and damages by clerk--Notice to attorneys.
Immediately upon filing in the office of the clerk of the Supreme Court of any opinion, decision, or judgment of the court by virtue of which any costs or damages for delay are awarded or become due as a matter of law to either party, the clerk of the Supreme Court shall compute such costs in the amounts provided by statute and from the receipted vouchers or statements of costs filed by the parties, and shall thereupon tax such costs in favor of the party entitled thereto.
The clerk of the Supreme Court shall immediately thereafter notify the attorneys of record by mail of such taxation of costs specifying the items and amounts of each as determined by him and specifying the names of the parties in favor of and against whom such costs are taxed.
Source:
SDC 1939 & Supp 1960, §33.0753.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 30 - Disposition Of Appeals To Supreme Court › Section 15-30-8.1 - Costs--Time and manner of payment.

15-30-8.1. Costs--Time and manner of payment.
Costs taxed by the Supreme Court are payable upon the expiration of twenty days from the date of the notice of taxation if no petition for rehearing has been filed. The payment for the costs shall be made payable to the prevailing party and transmitted to the clerk of the trial court. Upon receipt of the payment, the clerk shall mark the Supreme Court cost judgment satisfied and transmit the payment for the assessed costs to counsel for the prevailing party, or if the prevailing party has no counsel, directly to the prevailing party.
If a petition for rehearing is granted, costs taxed are not payable until twenty days have expired from the date of the decision entered on the rehearing.
Source:
Supreme Court Rule 80-7; SL 1984, ch 12, §13; SL 1987, ch 29, §76; SL 1991, ch 437 (Supreme Court Rule 91-3).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 30 - Disposition Of Appeals To Supreme Court › Section 15-30-9 - Objections to taxation of costs on appeal--Reply to objections--Decision by court.

15-30-9. Objections to taxation of costs on appeal--Reply to objections--Decision by court.
At any time within ten days after the mailing of such notice of taxation of costs, any party aggrieved may object to the same by serving written objections upon the other parties to the appeal and filing such objections with proof of service thereof with the clerk of the Supreme Court. If any relevant question of fact is raised, the party objecting shall serve and file with the objections, proof in the form of an affidavit or affidavits of the facts as claimed by the party. The objections may be supported by such written argument or authority as the party desires to submit in support of the same. Within five days after the service of such objections, any party to the appeal may reply thereto by serving the same with answering affidavits if any on the other parties and filing the reply with the clerk of the court. Such reply may contain such argument and authority as the party may desire to submit. Upon receipt of such objections and replies, if any, and after the time for serving and filing the same has expired, the court shall consider and decide upon the same and make such order thereon as to it may seem warranted and such order shall be final and not subject to rehearing or appeal excepting that the court will at all times reserve the right to correct any actual mistake or error existing therein.
Source: SDC 1939 & Supp 1960, §33.0753; SL 2023, ch 232 (Supreme Court Rule 23-15), eff. Apr. 1, 2023.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 30 - Disposition Of Appeals To Supreme Court › Section 15-30-10 - Costs on petition for rehearing.

15-30-10. Costs on petition for rehearing.
In the event that a petition for rehearing of the appeal be filed, the final determination of the costs and return of the same to the trial court in the remittitur shall conform to the decision on the petition for rehearing, and such additional costs as may accrue from the petition for rehearing, if granted, shall be determined likewise and taxed by the clerk or by the order of the court, if objections be made to the determination of the clerk.
Source:
SDC 1939 & Supp 1960, §33.0753.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 30 - Disposition Of Appeals To Supreme Court › Section 15-30-11 - Remittitur of decision and record to trial court--Further proceedings.

15-30-11. Remittitur of decision and record to trial court--Further proceedings.
When the action or proceeding has been finally disposed of in the Supreme Court, certified copies of its judgment or decision, and the settled record on appeal shall be remitted to the court from which the appeal was taken, and further proceedings shall be had in accordance therewith.
Source:
SDC 1939 & Supp 1960, §33.0752.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 30 - Disposition Of Appeals To Supreme Court › Section 15-30-12 - Costs and damages included in remittitur to trial court.

15-30-12. Costs and damages included in remittitur to trial court.
The remittitur as returned by the clerk of the Supreme Court to the clerk of the trial court shall contain a statement of the final award of costs and damages, if any.
Source:
SDC 1939 & Supp 1960, §33.0753.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 30 - Disposition Of Appeals To Supreme Court › Section 15-30-13 - Judgment in trial court for costs and damages.

15-30-13. Judgment in trial court for costs and damages.
Upon the decision of any appeal in a civil action or proceeding by the Supreme Court and filing of the remittitur with the clerk of the court from which the appeal was taken, such clerk shall forthwith enter the judgment in favor of the successful party for the amount of any costs and damages for delay which he may have recovered in the Supreme Court and such judgment shall have the same force and effect as if rendered by the court from which the appeal was taken.
Source:
SDC 1939 & Supp 1960, §33.1713.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 30 - Disposition Of Appeals To Supreme Court › Section 15-30-14 - Supreme Court judgment remitted to trial court--Final judgment in trial court.

15-30-14. Supreme Court judgment remitted to trial court--Final judgment in trial court.
In all cases the Supreme Court shall remit its judgment or decision to the court from which the appeal was taken, to be enforced accordingly; and if from a judgment, final judgment shall thereupon be entered in the court below in accordance therewith, except where otherwise ordered.
Source:
SDC 1939 & Supp 1960, §33.0730.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 30 - Disposition Of Appeals To Supreme Court › Section 15-30-15 - Opinion of Supreme Court transmitted with papers.

15-30-15. Opinion of Supreme Court transmitted with papers.
The clerk of the Supreme Court shall in all cases, except when the order or judgment is affirmed, also transmit with the papers so returned by him a certified copy of the opinion of the Supreme Court.
Source:
SDC 1939 & Supp 1960, §33.0730.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 38 - Appeals From Magistrate Court › Section 15-38-22 - (Rule 1) Right to appeal--Time for appeal.

15-38-22.(Rule 1) Right to appeal--Time for appeal.
Except where an appeal is denied by law, there shall be a right of appeal to the circuit court from any final order or judgment of the magistrate court. Appeals from such final orders and judgments must be taken within ten days after the attestation and filing of the order or judgment appealed from.
Source:
Supreme Court Rule 78-4, Rule 1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 38 - Appeals From Magistrate Court › Section 15-38-23 - (Rule 2(a)) Contents of notice of appeal--Signature.

15-38-23.(Rule 2(a)) Contents of notice of appeal--Signature.
The notice of appeal shall specify the party or parties taking the appeal, shall designate the order or judgment, or part thereof, appealed from, and shall be signed by the appellant or his attorney.
Source:
Supreme Court Rule 78-4, Rule 2 (a).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 38 - Appeals From Magistrate Court › Section 15-38-24 - (Rule 2(b)) Service of notice of appeal on parties.

15-38-24.(Rule 2(b)) Service of notice of appeal on parties.
The appellant, or his counsel, shall service the notice of appeal on counsel of record of each party other than appellant, or, if the party is not represented by counsel, on the party at his last known address.
Source:
Supreme Court Rule 78-4, Rule 2 (b).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 38 - Appeals From Magistrate Court › Section 15-38-25 - (Rule 2(c)) Filing of notice of appeal--Proof of service.

15-38-25.(Rule 2(c)) Filing of notice of appeal--Proof of service.
Before the expiration of the time of appeal, the appellant shall file the notice of appeal with the clerk of the circuit court to which the appeal is to be taken. The clerk shall not accept for filing a notice of appeal unless accompanied by a proof of service of a conformed copy thereof on each party other than the appellant.
Source:
Supreme Court Rule 78-4, Rule 2 (c).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 38 - Appeals From Magistrate Court › Section 15-38-26 - (Rule 2(d)) Notice of appeal transmitted to magistrate.

15-38-26.(Rule 2(d)) Notice of appeal transmitted to magistrate.
Upon compliance with §15-38-25 the clerk of the circuit court shall immediately transmit a certified copy of the notice of appeal to the magistrate whose order or judgment has been appealed.
Source:
Supreme Court Rule 78-4, Rule 2 (d).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 38 - Appeals From Magistrate Court › Section 15-38-27 - (Rule 3(a)) Filing fee and cost bond required--Stay of proceedings.

15-38-27.(Rule 3(a)) Filing fee and cost bond required--Stay of proceedings.
Before the expiration of the time for appeal, the appellant shall file a filing fee of ten dollars and a bond for costs on appeal or equivalent security to be approved by the court in a sum not less than one hundred dollars in any case, nor less than the amount of the judgment and costs, conditioned:
(1)To secure the payment of costs if the appeal is dismissed or the order or judgment affirmed; and
(2)To satisfy the judgment if it is affirmed.
All other proceedings before the magistrate court in the matter shall cease and be stayed from the time of the filing of the undertaking.
If the appellant prevails, the court shall award the filing fee to the appellant as court costs.
Source:
Supreme Court Rule 78-4, Rule 3 (a); SL 2012, ch 111, §1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 38 - Appeals From Magistrate Court › Section 15-38-28 - (Rule 3(b)) Waiver of bond and filing fee.

15-38-28.(Rule 3(b)) Waiver of bond and filing fee.
The bond described in §15-38-27 shall be deemed waived if appellant shall file with the clerk the written consent of each appellee, and the filing fee and bond may be waived by the filing of an affidavit of indigency.
Source:
Supreme Court Rule 78-4, Rule 3 (b).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 38 - Appeals From Magistrate Court › Section 15-38-29 - (Rule 3(c)) Failure to prosecute appeal--Dismissal.

15-38-29.(Rule 3(c)) Failure to prosecute appeal--Dismissal.
Failure of an appellant to take any step other than timely service and filing of a notice of appeal does not affect the validity of the appeal, but is grounds for such action as the circuit court deems appropriate, which may include dismissal of the appeal.
Source:
Supreme Court Rule 78-4, Rule 3 (c).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 38 - Appeals From Magistrate Court › Section 15-38-30 - (Rule 4(a)) Forwarding record to circuit court.

15-38-30.(Rule 4(a)) Forwarding record to circuit court.
Upon receipt of the notice of appeal, the clerk of court shall assemble and number the pages of all pleadings, documents, papers, and exhibits filed in the action and forward them to the clerk of the circuit court within ten days of the filing of the notice of appeal.
Source:
Supreme Court Rule 78-4, Rule 4 (a); SL 1994, ch 157, §4.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 38 - Appeals From Magistrate Court › Section 15-38-31 - (Rule 4(b)) Correction of record.

15-38-31.(Rule 4(b)) Correction of record.
If anything material to either party is omitted from the record or is misstated therein, the parties by stipulation, or the magistrate or circuit court, on motion by a party or on its own initiative, may direct the record be corrected.
Source:
Supreme Court Rule 78-4, Rule 4 (b).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 38 - Appeals From Magistrate Court › Section 15-38-32 - (Rule 5(a)) Verbatim record kept by magistrate--Means of recording.

15-38-32.(Rule 5(a)) Verbatim record kept by magistrate--Means of recording.
Except in small claims proceedings, a verbatim record of all proceedings and evidence at trials before a magistrate shall be maintained either by electrical devices or by stenographic means, as the magistrate may direct, but if any party to the action requests stenographic reporting of the proceedings, the reporting shall be done stenographically.
Source:
Supreme Court Rule 78-4, Rule 5 (a).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 38 - Appeals From Magistrate Court › Section 15-38-33 - (Rule 5(b)) Order for transcript of verbatim record--Waiver by stipulation.

15-38-33.(Rule 5(b)) Order for transcript of verbatim record--Waiver by stipulation.
When an appeal is taken, the appellant shall petition the circuit court for an order that a transcript of the verbatim record of the proceedings be prepared. The transcript shall be filed within thirty days of the service of the order upon the court reporter. The transcript may be waived by the filing of a stipulation between the appellant and all appellees dispensing with its preparation.
Source:
Supreme Court Rule 78-4, Rule 5 (b); Supreme Court Rule 80-14.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 38 - Appeals From Magistrate Court › Section 15-38-34 - (Rule 5(c)) Cost of transcript.

15-38-34.(Rule 5(c)) Cost of transcript.
The cost of the preparation of the transcript shall be paid by the appellant upon the filing of the same.
Source:
Supreme Court Rule 78-4, Rule 5 (c).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 38 - Appeals From Magistrate Court › Section 15-38-35 - (Rule 5(d)) Form of transcript.

15-38-35.(Rule 5(d)) Form of transcript.
The transcript shall be prepared in the form and manner prescribed for transcripts in appeals to the Supreme Court.
Source:
Supreme Court Rule 78-4, Rule 5 (d).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 38 - Appeals From Magistrate Court › Section 15-38-36 - (Rule 6(a)) Form of briefs.

15-38-36.(Rule 6(a)) Form of briefs.
The briefs shall be prepared in the form and manner prescribed for appeals to the Supreme Court unless otherwise set by rule of the circuit court.
Source:
Supreme Court Rule 78-4, Rule 6 (a).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 38 - Appeals From Magistrate Court › Section 15-38-37 - (Rule 6(b)) Times for service and filing of briefs.

15-38-37.(Rule 6(b)) Times for service and filing of briefs.
Unless the times are shortened by the circuit court, the appellant shall serve and file his brief within thirty days after the filing of the transcript or within thirty days after notice of appeal where there is no transcript. The appellee shall serve and file his brief within thirty days after service of appellant's brief; and appellant may serve and file a reply brief within ten days after service of appellee's brief.
Source:
Supreme Court Rule 78-4, Rule 6 (b).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 38 - Appeals From Magistrate Court › Section 15-38-38 - (Rule 7(a)) Scope of review on appeal from magistrate judge--Disposition of case.

15-38-38.(Rule 7(a)) Scope of review on appeal from magistrate judge--Disposition of case.
When an appeal is taken to the circuit court from a judgment rendered in a magistrate court with a magistrate judge presiding, the circuit may review all matters appearing in the record relevant to the question of whether the judgment appealed from is erroneous; the circuit court may affirm, reverse, remand, or modify the judgment.
Source:
Supreme Court Rule 78-4, Rule 7 (a).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 38 - Appeals From Magistrate Court › Section 15-38-39 - (Rule 7(b)) Appeal from lay magistrate--Additional evidence--Trial de novo.

15-38-39.(Rule 7(b)) Appeal from lay magistrate--Additional evidence--Trial de novo.
When an appeal is taken to the circuit court from a judgment rendered in a magistrate court with a magistrate presiding who is not law trained, the circuit court shall review the appeal as in §15-38-38; provided, that the circuit court in its discretion, may receive further evidence, not appearing in the record or may direct that the case be tried de novo.
Source:
Supreme Court Rule 78-4, Rule 7 (b).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 38 - Appeals From Magistrate Court › Section 15-38-40 - (Rule 7(c)) Trial de novo when verbatim record not available.

15-38-40.(Rule 7(c)) Trial de novo when verbatim record not available.
When an appeal is taken to the circuit court from a judgment rendered in a magistrate court and no verbatim record of the proceedings is available, the circuit court shall direct that the case be tried de novo.
Source:
Supreme Court Rule 78-4, Rule 7 (c).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 39 - Small Claims Procedure › Section 15-39-45 - Uniform rules of practice for circuit and magistrate courts--Purpose and scope of rules--Exemplary damages restricted.

15-39-45. Uniform rules of practice for circuit and magistrate courts--Purpose and scope of rules--Exemplary damages restricted.
The Supreme Court may amend and repeal uniform rules of practice applicable to circuit and magistrate courts in this state, providing for a simple, informal, and inexpensive procedure, hereinafter called the procedure, for the determination according to the rules of substantive law, of claims in the nature of contract or tort, other than slander and libel; for the collection of fees, costs, or civil penalties assessed by local governmental entities; and for review of judgments upon such claims when justice so requires.
Exemplary or punitive damages may not be awarded under this chapter, except as provided in chapter 60-11, chapter 22-30A, and §§43-32-6 and 43-32-24.
Source:
SDC 1939, §33.4101; SL 1959, ch 231; SDCL §15-39-1; SL 1971, ch 149; SL 1974, ch 153, §19; SL 1977, ch 178, §3; SL 1980, ch 168, §1; Supreme Court Rule 81-4; SL 1983, ch 158, §2; SL 1986, ch 167, §1; SL 1992, ch 149, §1; SL 1992, ch 150; SL 1999, ch 103, §1; SL 2009, ch 100, §1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 39 - Small Claims Procedure › Section 15-39-45.1 - Jurisdictional amount of claim.

15-39-45.1. Jurisdictional amount of claim.
No claim pursuant to this chapter may exceed twelve thousand dollars, not including allowable costs or attorney fees.
Source:
SL 2011, ch 106, §1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 39 - Small Claims Procedure › Section 15-39-46 - Alternative to action begun by summons.

15-39-46. Alternative to action begun by summons.
The procedure shall not be exclusive but shall be alternative to the formal procedure for actions begun by summons.
Source:
SDC 1939 & Supp 1960, §33.4101; SDCL, §15-39-2; Supreme Court Rule 81-4.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 39 - Small Claims Procedure › Section 15-39-47 - Persons authorized to act as attorney--Notice to attorney.

15-39-47. Persons authorized to act as attorney--Notice to attorney.
The term, attorney, in this chapter means an attorney-at-law, who is an active member of the State Bar of the State of South Dakota, in good standing, one of a number of partners or joint plaintiffs, acting for all, an officer, manager, or local manager of a corporation acting for it, a member, manager, or local manager of a limited liability company acting for it, or, in the case of actions by or against the State of South Dakota, its agencies, or its employees acting within the scope of their employment, a representative designated in writing by the commissioner of the Bureau of Administration; and, unless and until there is a removal of the action pursuant to §15-39-57. A representative of the Bureau of Administration is not required to have an appointment from the attorney general in order to appear in small claims court. The term includes an assignee of any claim, or the agent, manager, or officer of an assignee of any claim, if the assignment is bona fide and for a valuable consideration. Any assignment made for collection purposes only is considered bona fide, within the meaning of this chapter. In the event of removal pursuant to §15-39-57, the term does not include such assignee or officer, agent, manager or local manager thereof or of a corporation or representative designated by the commissioner of the Bureau of Administration.
Notice to such attorney for a party shall be equivalent to notice to such party.
Source:
SDC 1939, §33.4106; Supreme Court Rule adopted May 1, 1942; SDCL §15-39-7; SL 1978, ch 147, §1; Supreme Court Rule 81-4; SL 1996, ch 5, §4; SL 2014, ch 251 (Supreme Court Rule 13-09), eff. Jan. 1, 2014.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 39 - Small Claims Procedure › Section 15-39-48 - Plaintiff's statement of claim to clerk--Entry in docket--Signature--Contents--Multiple claims--Beginning of action.

15-39-48. Plaintiff's statement of claim to clerk--Entry in docket--Signature--Contents--Multiple claims--Beginning of action.
The plaintiff initiating the action or the plaintiff's attorney shall complete the information on the small claims form available in the clerk of courts office, and provide a written and signed statement of the cause of action to the clerk who shall docket the action. The statement must contain the facts upon which the claim is based and be accompanied by supporting documents. A cause of action is defined as a claim arising out of the same transaction or incident. Multiple claims or causes of action by multiple parties may be brought against a defendant, or against defendants provided liability is joint and several. The docketing by the clerk shall be deemed the beginning of the action.
Source:
SDC 1939 & Supp 1960, §33.4108; SDCL, §15-39-8; Supreme Court Rule 81-4; SL 1988, ch 424 (Supreme Court Rule 87-5); Supreme Court Rule 98-29; SL 2001, ch 299 (Supreme Court Rule 01-07).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 39 - Small Claims Procedure › Section 15-39-49 - Addresses of parties stated to clerk--Filing in docket.

15-39-49. Addresses of parties stated to clerk--Filing in docket.
The plaintiff or attorney shall also provide in writing to the clerk the plaintiff's and the defendant's place of residence, usual place of business, and the place of employment, or such thereof as the clerk may deem necessary, including the street and number, if any; and the clerk shall file the same in the docket.
Source:
SDC 1939 & Supp 1960, §33.4108; SDCL, §15-39-9; Supreme Court Rule 81-4.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 39 - Small Claims Procedure › Section 15-39-50 - Determination of sufficiency of plaintiff's statement.

15-39-50. Determination of sufficiency of plaintiff's statement.
The clerk shall serve in a supervisory role to determine whether or not plaintiff has met the criteria of sufficiency and clarity.
If the clerk deems the statement of a cause of action insufficient, the court at the request of the plaintiff or the clerk shall decide whether such cause of action shall be received.
Source:
SDC 1939 & Supp 1960, §33.4108; SDCL, §15-39-10; Supreme Court Rule 81-4.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 39 - Small Claims Procedure › Section 15-39-51 - Deputy clerk authorized to act--Magistrate to perform clerk's duties.

15-39-51. Deputy clerk authorized to act--Magistrate to perform clerk's duties.
The word "clerk" in this chapter shall include a deputy clerk. If a claim is filed with a magistrate, the duties to be performed by the clerk in this chapter shall be performed by the magistrate.
Source:
SDC 1939, §33.4106; Supreme Court Rule adopted May 1, 1942; SDCL, §15-39-6; SL 1977, ch 173, §2; Supreme Court Rule 81-4.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 39 - Small Claims Procedure › Section 15-39-52 - Entry fee--Summons not required--Statement to clerk or magistrate in lieu of pleading--Fee exemption.

15-39-52. Entry fee--Summons not required--Statement to clerk or magistrate in lieu of pleading--Fee exemption.
The procedure shall include the beginning of actions with an entry fee of four dollars for actions up to one hundred dollars, ten dollars for actions up to one thousand dollars, and twenty dollars for actions over one thousand dollars, but without summons, and without requirement, except by special order of the magistrate or court, of other pleading than the written and signed statement to the clerk of courts, or magistrate. No fee may be required of the state, its officers, boards, agencies and commissions, or its political subdivisions, in any action commenced by the state or a political subdivision.
Source:
SDC 1939 & Supp 1960, §33.4101; SL 1961, ch 181; SDCL, §15-39-5; SL 1977, ch 173, §1; Supreme Court Rule 81-4; SL 1984, ch 148, §1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 39 - Small Claims Procedure › Section 15-39-53 - Court rules may provide for modified procedure.

15-39-53. Court rules may provide for modified procedure.
The procedure shall include notice by registered or certified mail, return receipt, in addition to all other forms of legal service, and shall further include provisions for early hearing of actions thus begun. The provisions may include the modification of any or all of existing rules of pleading and practice and a stay of the entry of judgment or of the issue of execution.
Source:
SDC 1939 & Supp 1960, §33.4101; SDCL, §15-39-11; Supreme Court Rule 81-4.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 39 - Small Claims Procedure › Section 15-39-54 - Time of hearing on claim.

15-39-54. Time of hearing on claim.
The clerk shall fix the time set for the hearing or answer which shall not be less than five days from the beginning of the action. The time fixed should be sufficient to enable registered or certified mail, return receipt, by regular course to reach defendant and to enable defendant to appear or answer before the time fixed for the hearing or answer.
Source:
SDC 1939 & Supp 1960, §33.4109; SDCL, §15-39-12; Supreme Court Rule 81-4.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 39 - Small Claims Procedure › Section 15-39-55 - Notice valid though refused by defendant--Further notice on failure of delivery.

15-39-55. Notice valid though refused by defendant--Further notice on failure of delivery.
Notice shall be valid although refused by the defendant and, therefore, not delivered. If the notice is returned undelivered, without refusal by the defendant, or if in any other way it appears that notice has not reached the defendant, the clerk shall issue, at the request of the plaintiff and at the expense of the plaintiff, such other or further notice as the court may order. If plaintiff elects not to pursue further notification of the defendant or if the further notification is unsuccessful after ninety days, the clerk may dismiss the action without prejudice.
Source:
SDC 1939 & Supp 1960, §33.4110; SDCL §15-39-15; Supreme Court Rule 81-4; SL 1988, ch 425 (Supreme Court Rule 87-6); SL 2008, ch 289 (Supreme Court Rule 08-03), eff. July 1, 2008.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 39 - Small Claims Procedure › Section 15-39-56 - Jury trial and appeal waived by plaintiff--Right to jury trial if action removed by defendant.

15-39-56. Jury trial and appeal waived by plaintiff--Right to jury trial if action removed by defendant.
A plaintiff beginning an action under the procedure shall be deemed to have waived a trial by jury and the right of appeal unless the action is removed, for formal hearing, to the regular civil docket of either circuit or magistrate court as hereinafter provided, in which case the plaintiff shall have the same right to claim a trial by jury and appeal as if the action had been begun in the circuit or magistrate court.
Source:
SDC 1939 & Supp 1960, §33.4102; SDCL, §15-39-16; Supreme Court Rule 81-4; Supreme Court Rule 97-13; SL 2000, ch 258 (Supreme Court Rule 00-4).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 39 - Small Claims Procedure › Section 15-39-57 - Claim of trial by court or jury by defendant--Affidavit--Special rule in designated judicial circuit governing removal to the regular civil docket of the court--Entry fee and undertaking.

15-39-57. Claim of trial by court or jury by defendant--Affidavit--Special rule in designated judicial circuit governing removal to the regular civil docket of the court--Entry fee and undertaking.
No party may appeal any decision entered under this procedure. In lieu thereof, defendant may, five days prior to the date upon which the defendant is notified to appear or answer, file in the court in which the action is pending, a petition to remove the action to the regular civil docket of the circuit court or magistrate court and state therein whether the defendant intends to proceed with a trial by jury or a trial to the court. Failure to make the request within the time provided shall be deemed an acceptance by the defendant to the jurisdiction of small claims court. The petition shall be supported by an affidavit that makes a showing that there are good reasons why the formal civil trial process is justified and the defendant has a meritorious defense. The sum of thirty-five dollars for entry of the action for trial in the circuit or magistrate court, as the case may be, must accompany the petition and affidavit. The defendant must also deposit the sum of two hundred fifty dollars to secure the plaintiff for costs and/or damages which the court may determine the plaintiff is reasonably entitled to receive.
Source:
SDC 1939 & Supp 1960, §33.4102; SDCL, §15-39-17; SL 1977, ch 173, §3; Supreme Court Rule 81-4; SL 1991, ch 168; Supreme Court Rule 97-14; SL 2000, ch 259 (Supreme Court Rule 00-5).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 39 - Small Claims Procedure › Section 15-39-58 - Transmittal of papers upon removal--Pleadings and speedy trial.

15-39-58. Transmittal of papers upon removal--Pleadings and speedy trial.
Upon removal, the clerk of courts shall forthwith transmit such original papers or attested copies thereof and the circuit or magistrate court may try the action as transmitted or may require pleading as in an action by summons, but the action shall be marked for trial on the list of causes advanced for speedy trial by jury.
Source:
SDC 1939 & Supp 1960, §33.4102; SDCL, §15-39-18; Supreme Court Rule 81-4; Supreme Court Rule 97-15.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 39 - Small Claims Procedure › Section 15-39-61 - Separation of parties when removal sought as to part--Copies of papers transmitted in lieu of originals.

15-39-61. Separation of parties when removal sought as to part--Copies of papers transmitted in lieu of originals.
In any action brought by or against two or more persons in which separate judgments are authorized by law, the party seeking removal may specify in the petition of jury trial the parties as to whom such trial is claimed, in which case the cause shall be removed as to such parties only as are specified in the petition and the court before whom the case is brought shall retain jurisdiction as to the remainder. In such case the clerk of court shall transmit attested copies of the papers in the action to the clerk of the circuit or magistrate court in lieu of the originals.
Source:
SDC 1939 & Supp 1960, §33.4103; SDCL, §15-39-21; Supreme Court Rule 81-4; Supreme Court Rule 97-18.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 39 - Small Claims Procedure › Section 15-39-62 - Docket entries transmitted on removal to circuit court.

15-39-62. Docket entries transmitted on removal to circuit court.
Upon removal of a cause to the circuit or magistrate court the original docket entries, or in case of removal by some of several defendants, an attested copy thereof shall be transmitted to the clerk of the circuit or magistrate court.
Source:
SDC 1939 & Supp 1960, §33.4119; SDCL, §15-39-22; Supreme Court Rule 81-4.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 39 - Small Claims Procedure › Section 15-39-64 - Default of defendant failing to comply with requirements.

15-39-64. Default of defendant failing to comply with requirements.
A defendant, unless the court shall otherwise order, shall be defaulted unless he shall, personally or by attorney, comply with the requirements of the notice served upon him.
Source:
SDC 1939 & Supp 1960, §33.4111; SDCL, §15-39-27; Supreme Court Rule 81-4.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 39 - Small Claims Procedure › Section 15-39-65 - Docket entry as to defense--Contents of entry.

15-39-65. Docket entry as to defense--Contents of entry.
The clerk shall cause the substance of the defense to be entered in the docket, and the docket entry shall be deemed the answer. The answer shall state fully and specifically in writing, but in concise and untechnical form, what parts of the claim are contested, and the grounds of such contest.
Demurrers, dilatory pleas, and the answer of general denial are prohibited.
Source:
SDC 1939 & Supp 1960, §33.4111; SDCL, §15-39-28; Supreme Court Rule 81-4; SL 1988, ch 427 (Supreme Court Rule 87-8).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 39 - Small Claims Procedure › Section 15-39-66 - Setoff or counterclaim stated by defendant--Notice to plaintiff and postponement of hearing--Answer by plaintiff--Request for jury trial or petition for removal on non-compulsory counterclaims--Provisions not compulsory.

15-39-66. Setoff or counterclaim stated by defendant--Notice to plaintiff and postponement of hearing--Answer by plaintiff--Request for jury trial or petition for removal on non-compulsory counterclaims--Provisions not compulsory.
The defendant within the time for answer may, in the manner provided in §15-39-48, claim any setoff or counterclaim within the jurisdiction of the court in civil cases. Upon the making of such claim by the defendant, the clerk shall give a notice to the plaintiff, at the expense of the defendant, similar to that provided by §15-39-78, and shall postpone the hearing of the original claim until the time set for hearing the defendant's claim, and shall notify the parties accordingly. The defendant's claim shall be answered within the time and in the manner provided by §§15-39-64 and 15-39-65, and the penalties upon defendants provided by §15-39-64 shall apply to plaintiffs in respect to claims by a defendant. The original claim and the claim of setoff or counterclaim shall be deemed one case. The compulsory counterclaim rule does not apply in small claims court .
Upon the filing of a setoff or counterclaim, plaintiff has the same right of removal as defendant has under §15-39-57. This request must be made at least five days before the date plaintiff is notified to appear or answer. Unless the action is removed, the plaintiff has no right to appeal a decision reached on any counterclaim or setoff.
Source:
SDC 1939 & Supp 1960, §33.4112; SDCL, §15-39-29; Supreme Court Rule 81-4; SL 1997, ch 323 (Supreme Court Rule 97-20); SL 2000, ch 261 (Supreme Court Rule 00-7).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 39 - Small Claims Procedure › Section 15-39-67 - Amendment of claim or answer.

15-39-67. Amendment of claim or answer.
The court may at any time allow any claim or answer to be amended.
Source:
SDC 1939 & Supp 1960, §33.4113; SDCL, §15-39-30; Supreme Court Rule 81-4.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 39 - Small Claims Procedure › Section 15-39-68 - Disposition of claim on failure of plaintiff to appear for hearing.

15-39-68. Disposition of claim on failure of plaintiff to appear for hearing.
If the plaintiff does not appear at any time set for hearing, the court may dismiss the claim for want of prosecution or enter a finding on the merits for the defendant or make such other disposition as may be proper.
Source:
SDC 1939 & Supp 1960, §33.4114; SDCL, §15-39-32; Supreme Court Rule 81-4.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 39 - Small Claims Procedure › Section 15-39-69 - Venue.

15-39-69. Venue.
The venue is limited to the county of the residence of the defendant, if the defendant is a natural person, or the county in which the cause of action arose. If the defendant is a corporation, limited liability company, or a partnership, the proceedings shall be commenced in any county in which the defendant has its place of business. No change of venue may be recognized except by stipulations of the parties, or by order of the court on a showing of good cause by the defendant. Nothing in this section waives the common law doctrine of sovereign immunity or acts as a consent to suit by the State of South Dakota, its agencies, or its employees acting within the scope of their employment.
Source:
SDC 1939 & Supp 1960, §33.4107; SDCL, §15-39-33; Supreme Court Rule 81-4; SL 1982, ch 167; SL 1994, ch 351, §38; SL 1996, ch 5, §5; SL 2021, ch 14, § 5.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 39 - Small Claims Procedure › Section 15-39-70 - Subpoenas for witnesses.

15-39-70. Subpoenas for witnesses.
Subpoenas for witnesses, if requested, will be issued by the clerk and served according to the specifications of §15-6-45(c).
Source:
SDC 1939 & Supp 1960, §33.4109; SDCL, §15-39-34; Supreme Court Rule 81-4; SL 1988, ch 428 (Supreme Court Rule 87-9).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 39 - Small Claims Procedure › Section 15-39-71 - Witnesses and evidence received on hearing.

15-39-71. Witnesses and evidence received on hearing.
Witnesses shall be sworn; but the court shall conduct the hearing in such order and form and with such methods of proof as it deems best suited to discover the facts and to determine the justice of the case. Interrogatories shall not be filed nor depositions taken, except by leave of court.
Source:
SDC 1939 & Supp 1960, §33.4114; SDCL, §15-39-35; Supreme Court Rule 81-4.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 39 - Small Claims Procedure › Section 15-39-72 - Signature of docket on determination of action.

15-39-72. Signature of docket on determination of action.
After the determination of the action, the judge or magistrate shall affix his signature to the docket card.
Source:
SDC 1939 & Supp 1960, §33.4114; SDCL, §15-39-36; Supreme Court Rule 81-4.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 39 - Small Claims Procedure › Section 15-39-73 - Items allowable as costs--Costs assessed for delay or vexatious claim or defense--Judgment and execution for costs.

15-39-73. Items allowable as costs--Costs assessed for delay or vexatious claim or defense--Judgment and execution for costs.
The actual cash disbursements of the prevailing party for entry fee, mailing fees, witness fees, and officers' fees shall be allowed as costs. No other costs shall be allowed either party, except by special order of the court. The court shall have power in its discretion to award costs, including attorney fees, in a sum fixed by the court, not exceeding five hundred dollars (exclusive of such cash disbursements, or in addition thereto) against any party, whether the prevailing party or not, who has set up a frivolous or vexatious claim or defense, or has made an unfair, insufficient, or misleading answer, or has otherwise sought to hamper a party or the court in securing a speedy determination of the claim upon its merits; and to enter judgment and issue execution therefor, or set off such costs against damages or costs, as justice may require.
Source:
SDC 1939 & Supp 1960, §33.4116; SDCL, §15-39-38; Supreme Court Rule 81-4; SL 1986, ch 167, §2; Supreme Court Rule 97-21.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 39 - Small Claims Procedure › Section 15-39-74 - Court order as to method of payment of judgment--Stay of execution during compliance.

15-39-74. Court order as to method of payment of judgment--Stay of execution during compliance.
The court may order that the judgment shall be paid to the prevailing party at a certain date or by specified installments, and may stay the issue of execution and other supplementary process during compliance with such order. Such stay shall at all times be subject to being modified or vacated.
Source:
SDC 1939 & Supp 1960, §33.4117; SDCL, §15-39-39; Supreme Court Rule 81-4.