reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 10 - Lis Pendens Notice › Section 15-10-7 - Expungement of notice of pendency upon motion therefor--Undertaking.

15-10-7. Expungement of notice of pendency upon motion therefor--Undertaking.
Any time after the notice of pendency of an action has been filed for record pursuant to §15-10-1 or other law, the court in which the action is pending may, upon motion of a party to the action supported by affidavit, order that the notice be expunged if the moving party gives an undertaking, in such amount and within such time as is fixed by the court after notice and hearing. The undertaking shall require the moving party to indemnify the party who recorded the notice for all damages which he may incur:
(1)If the notice is expunged and the moving party does not prevail; and
(2)If the court finds that adequate relief can be secured to the party recording the notice by the giving of the undertaking.
Source:
SL 1980, ch 162, §3.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 10 - Lis Pendens Notice › Section 15-10-8 - Expungement of notice of pendency--Notice of motion--Proof considered.

15-10-8. Expungement of notice of pendency--Notice of motion--Proof considered.
A notice of motion to expunge shall be served not less than ten days prior to the hearing. The court shall determine the matter on the affidavits and counter-affidavits on file and upon such other proof as it may permit.
Source:
SL 1980, ch 162, §4.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 10 - Lis Pendens Notice › Section 15-10-9 - Expungement of notice of pendency--Effect.

15-10-9. Expungement of notice of pendency--Effect.
When a certified copy of an order expunging a notice of pendency of an action is filed for record in the office of the register of deeds in which the notice of the pendency was recorded, neither the notice of the pendency of the action nor any information derived therefrom, prior to the recording of the order, constitutes constructive or actual notice of any of the matters contained therein, or of any of the matters relating to such action, or creates any duty of inquiry in any person dealing with the property described therein.
Source:
SL 1980, ch 162, §5.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 10 - Lis Pendens Notice › Section 15-10-10 - Expungement of notice of pendency--Costs on grant or denial of motion.

15-10-10. Expungement of notice of pendency--Costs on grant or denial of motion.
An order made pursuant to §15-10-6 or 15-10-7 granting or denying a motion to expunge a notice of pendency of action, may direct that the prevailing party be awarded reasonable attorneys' fees and costs.
Source:
SL 1980, ch 162, §6.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 10 - Lis Pendens Notice › Section 15-10-11 - Expungement provisions, liability unaffected by.

15-10-11. Expungement provisions, liability unaffected by.
Nothing in §§15-10-6 to 15-10-10, inclusive, affects or limits the liability of a person recording a notice of pendency of action for damages proximately caused thereby.
Source:
SL 1980, ch 162, §7.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 11 - Circuit Court Calendar And Continuances › Section 15-11-1 - Trial calendar.

15-11-1. Trial calendar.
The clerk of courts shall keep a trial calendar under the direction of the presiding judge of the circuit.
Source:
SDC 1939 & Supp 1960, §33.1112; Supreme Court Rule 80-13.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 11 - Circuit Court Calendar And Continuances › Section 15-11-3 - Designation of days for trial of issues of law.

15-11-3. Designation of days for trial of issues of law.
The court will from time to time designate days upon which issues of law will be tried.
Source:
SDC 1939 & Supp 1960, §33.1112; Supreme Court Rule 80-15.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 11 - Circuit Court Calendar And Continuances › Section 15-11-4 - Postponement of trial or hearing.

15-11-4. Postponement of trial or hearing.
When an action or proceeding is called for trial or hearing, or at any time previous thereto, the court or judge may, upon good cause shown, direct the trial or hearing to be postponed to another day of the same or next term, or to such time as shall be just in view of all the circumstances.
Source:
SDC 1939 & Supp 1960, §33.1114.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 11 - Circuit Court Calendar And Continuances › Section 15-11-5 - Postponement during legislative session when legislator is party or attorney--Notice of intention to apply.

15-11-5. Postponement during legislative session when legislator is party or attorney--Notice of intention to apply.
Whenever any action or proceeding, including a contested small claims action other than for attachment, garnishment, arrest and bail, claim and delivery, injunction, receivership, and deposit in court, to which any member of the Legislature is a party or in which any member of the Legislature is the attorney in charge for either party, comes on for trial or hearing during a session of the Legislature, the attendance of the party or attorney upon the session is cause for the postponement of the trial or hearing until after the conclusion of the session, provided the party or attorney serves notice, on the opposite party, of his intention to apply for the postponement at least fifteen days before the term or time at which the action or proceeding may be brought on for trial or hearing or as soon as notice of hearing is received if less than fifteen days prior to the date set for hearing.
Source:
SDC 1939 & Supp 1960, §33.1115; SL 1989, ch 176.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 11 - Circuit Court Calendar And Continuances › Section 15-11-6 - Time for application for continuance--Written motion and affidavit required--Hearing.

15-11-6. Time for application for continuance--Written motion and affidavit required--Hearing.
All applications for continuance must be made, by motion, not less than ten calendar days prior to the day set for commencement of the trial, unless the cause for continuance shall have arisen or come to the knowledge of the party subsequent to that time, in which case the motion shall be made as soon as practicable. All such motions shall be in writing and accompanied by affidavits in support of the motion, which affidavits shall set forth with particularity the grounds and cause for such motion as well as the efforts of the party or the party's attorney to avoid such delay. Upon receipt of such a motion, the court shall schedule a hearing, which may be by telephone conference, and shall decide the motion without delay in order to avoid trial delay awaiting such decision. The adverse party may be heard by affidavits or by argument presented, filed, and served at the time of the hearing.
Source:
SDC 1939 & Supp 1960, §33.1116; Supreme Court Rule 80-15; Supreme Court Rule 85-6.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 11 - Circuit Court Calendar And Continuances › Section 15-11-7 - Affidavit to support continuance on absence of witness--Contents.

15-11-7. Affidavit to support continuance on absence of witness--Contents.
An application for continuance on account of the absence of a witness must be supported by the affidavit of the party, his agent, or attorney, stating:
(1)The name and residence of such witness, or if unknown, the efforts made to ascertain the same;
(2)The testimony such witness would give if present, in narrative form or by questions and answers as in a deposition; that the affiant believes such testimony to be true and knows of no other person by whom the same facts may be proven, or if he knows of such other person, then the reasons why the testimony of such witness is necessary;
(3)The reason why the deposition of the witness was not taken;
(4)What efforts have been made to obtain the attendance of the witness or his testimony;
(5)Facts showing ground for belief that the attendance or deposition of such witness may be procured at the next term of the court.
Source:
SDC 1939 & Supp 1960, §33.1117.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 11 - Circuit Court Calendar And Continuances › Section 15-11-8 - Counteraffidavits on application for continuance.

15-11-8. Counteraffidavits on application for continuance.
No counteraffidavits shall be allowed upon an application for a continuance, except those offered to show want of diligence or that the application is not made in good faith.
Source:
SDC 1939 & Supp 1960, §33.1117.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 11 - Circuit Court Calendar And Continuances › Section 15-11-9 - Admission of testimony to avoid continuance--Reading of testimony.

15-11-9. Admission of testimony to avoid continuance--Reading of testimony.
Unless, in the opinion of the court, justice shall require it, the trial will not be continued or postponed on account of the absence of a witness, if the adverse party will admit that the witness, if present, would testify as stated in the affidavit; but in such case the applicant may read the testimony of such witness as stated in his affidavit, subject to all proper objections which might be interposed if the witness were present.
Source:
SDC 1939 & Supp 1960, §33.1118.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 11 - Circuit Court Calendar And Continuances › Section 15-11-10 - Terms imposed on continuance or postponement.

15-11-10. Terms imposed on continuance or postponement.
Every continuance or postponement granted upon application shall be upon such terms as the court may impose.
Source:
SDC 1939 & Supp 1960, §33.1117.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 11 - Circuit Court Calendar And Continuances › Section 15-11-10.1 - Continuance by stipulation of all parties.

15-11-10.1. Continuance by stipulation of all parties.
After a certificate of readiness has been filed in a civil matter, all of the parties to the action may stipulate in writing for a continuance. After the stipulation has expired, the court shall notify the parties and set the matter for trial.
Source:
SL 1984, ch 145.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 11 - Circuit Court Calendar And Continuances › Section 15-11-11 - Dismissal for want of prosecution.

15-11-11. Dismissal for want of prosecution.
The court may dismiss any civil case for want of prosecution upon written notice to counsel of record where the record reflects that there has been no activity for one year, unless good cause is shown to the contrary. The term "record," for purposes of establishing good cause, shall include, but not by way of limitation, settlement negotiations between the parties or their counsel, formal or informal discovery proceedings, the exchange of any pleadings, and written evidence of agreements between the parties or counsel which justifiably result in delays in prosecution.
Source:
Supreme Court Rule 80-11; Supreme Court Rule 82-13; SL 1998, ch 311.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 12 - Change Of Circuit Judge Or Magistrate › Section 15-12-19 - Settlement of record after resignation or expiration of term of judge.

15-12-19. Settlement of record after resignation or expiration of term of judge.
The judge who presided at a trial may, after he ceases to be such judge by reason of his resignation or the expiration of his term of office, settle the record of such trial. If, before the settled record is completed, such judge is removed from office, or for any reason cannot or will not settle such record, it shall be settled in such manner as the presiding judge of the Supreme Court may direct.
Source:
SDC 1939 & Supp 1960, §33.1203.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 12 - Change Of Circuit Judge Or Magistrate › Section 15-12-20 - Definition of terms.

15-12-20. Definition of terms.
Terms, as used in §§15-12-20 to 15-12-37, inclusive, unless the context otherwise requires, mean:
(1)"Action," any action or special proceeding in the trial court, whether civil or criminal or quasi-criminal;
(2)"Canon" or "Canons," the canons set forth in the South Dakota Code of Judicial Conduct appearing as an appendix to chapter 16-2;
(3)"Judge," a judge of the circuit court or a retired justice or judge acting pursuant to appointment by the Chief Justice;
(4)"Magistrate," both magistrate judges and nonlaw-trained magistrates as defined by § 16-12A-1.1; and
(5)"Party," any party within the meaning of the rules of civil or criminal procedure and the statutes of this state.
Source:
Supreme Court Rule No. 75-5, §1; SL 2021, ch 86, § 1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 12 - Change Of Circuit Judge Or Magistrate › Section 15-12-21 - Actions in which affidavits for change of judge may be filed.

15-12-21. Actions in which affidavits for change of judge may be filed.
Unless the right is waived or is denied by this chapter, an affidavit for change of a judge or magistrate may be filed in any action pending in the court whether originating therein or pending upon appeal from an inferior court or tribunal to the circuit court. No affidavit for such change may be filed in a criminal action prior to the completion of the preliminary hearing or waiver thereof or in any proceeding for contempt committed in the presence of the court.
Source:
SDC 1939 & Supp 1960, §33.1208; SDCL §15-12-5; Supreme Court Rule No. 3, 1972; Supreme Court Rule No. 75-5, §2; SL 1980, ch 163, §1; SL 2009, ch 99, §1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 12 - Change Of Circuit Judge Or Magistrate › Section 15-12-21.1 - Informal request for disqualification.

15-12-21.1. Informal request for disqualification.
Prior to filing an affidavit for change of judge, the party or his attorney shall informally request the judge or magistrate who, in the ordinary course, would preside at the hearing or trial, to disqualify himself. He shall not be required to state his reasons, but may if he desires. Informally shall mean by letter, oral communication, or dictating it into the record in open court or chambers; however, the opposing parties should receive copies of any letters, or be apprised of any communications to the court, but cannot contest the request. If the judge or magistrate grants the request, he shall forthwith notify the presiding judge, who shall assign the case to some other judge or magistrate. If the judge refuses the request, he shall forthwith notify in writing the parties or their attorneys. Writing may include a letter, order, or dictation into the record.
Source:
Supreme Court Rule 82-23.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 12 - Change Of Circuit Judge Or Magistrate › Section 15-12-22 - Who may file affidavit--Effect of filing.

15-12-22. Who may file affidavit--Effect of filing.
When entitled to do so, any party to an action, or his attorney of record, in any circuit or magistrate court may within the time prescribed by this chapter, file an affidavit as provided by this chapter seeking to disqualify the judge or magistrate who is to preside or is presiding in that action and when properly filed that named judge or magistrate shall proceed no further in said action and shall thereupon be disqualified as to any further acts with reference thereto unless otherwise ordered to proceed by the presiding judge of the circuit involved. However, any order or decree previously signed by such judge or magistrate shall remain in full force and effect, if filed, or becomes effective upon filing, unless thereafter vacated or reversed.
Source:
SDC 1939 & Supp 1960, §§33.1208, 33.1209; SDCL, §§15-12-2, 15-12-11; Supreme Court Rule No. 75-5, §3.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 12 - Change Of Circuit Judge Or Magistrate › Section 15-12-23 - Parties united in interest--Necessity of unity--Effect of one party filing.

15-12-23. Parties united in interest--Necessity of unity--Effect of one party filing.
All parties who are united in interest or representation must unite in the filing of an affidavit for change of judge or magistrate and the filing of such affidavit by one party is deemed to be filed by all of such parties.
Source:
SDC 1939 & Supp 1960, §33.1212; SDCL, §15-12-3; Supreme Court Rule No. 75-5, §4.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 12 - Change Of Circuit Judge Or Magistrate › Section 15-12-24 - Waiver of right by submitting to jurisdiction.

15-12-24. Waiver of right by submitting to jurisdiction.
The submission to a judge or magistrate of argument or proof in support of a motion or application, or upon trial, is a waiver of the right thereafter to file an affidavit for change of such judge or magistrate by any party or his counsel who submitted the same or who after notice that such matter was to be presented, failed to appear at the hearing or trial. Such waiver shall continue until the final determination of the action and includes all subsequent motions, hearings, proceedings, trials, new trials, and all proceedings to enforce, amend, or vacate any order or judgment.
Source:
SDC 1939 & Supp 1960, §33.1210; SDCL, §15-12-4; Supreme Court Rule No. 75-5, §5.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 12 - Change Of Circuit Judge Or Magistrate › Section 15-12-26 - Form and content of affidavits.

15-12-26. Form and content of affidavits.
An affidavit for change of judge or magistrate shall state the title of the action and shall recite that the affidavit is made in good faith and not for the purpose of securing delay, that in the ordinary course of litigation such action or some issue therein is expected to come on for trial before such judge or magistrate sought to be disqualified; that the party making such affidavit has good reason to believe and does actually believe that such party cannot have a fair and impartial trial before the named judge or magistrate. Only one judge or magistrate shall be named in such affidavit. It shall not be necessary to state in such affidavit the ground or reason for such belief.
Source:
SDC 1939 & Supp 1960, §33.1208; SDCL, §15-12-8; Supreme Court Rule No. 3, 1972; Supreme Court Rule No. 75-5, §7.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 12 - Change Of Circuit Judge Or Magistrate › Section 15-12-27 - Time for filing affidavit against judge or magistrate presiding in ordinary course.

15-12-27. Time for filing affidavit against judge or magistrate presiding in ordinary course.
An affidavit for change of judge or magistrate, if against the judge or magistrate who, in the ordinary course, would preside at the hearing or trial, must be filed within the following times:
(1)If there be any motion or application to be heard upon notice, the party resisting the same may file an affidavit not less than two days before the hearing; or if the matter is returnable in a shorter time, then before the commencement of such hearing;
(2)If there is no such motion or application:
(a)In actions triable without a jury, not less than five days before the date set for trial provided that if the time of trial has been set on less than five days notice, such affidavit shall be promptly filed thereafter and prior to the commencement of the trial;
(b)In actions triable by a jury at least fifteen days prior to the date said action is scheduled for trial; and
(3)If there has been a prior disqualification and substitution of a judge or magistrate a second or subsequent affidavit for change shall be filed with the clerk of courts of the county wherein such action is pending within two days after receiving notice of the name of the judge or magistrate designated to preside at the trial of said action in place of the judge or magistrate previously disqualified.
Source:
SDC 1939 & Supp 1960, §33.1211; SDCL §15-12-6; Supreme Court Rule No. 3, 1972; Supreme Court Rule No. 75-5, §8; SL 2009, ch 275 (Supreme Court Rule 08-05), eff. Nov. 1, 2008.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 12 - Change Of Circuit Judge Or Magistrate › Section 15-12-28 - Time for filing after unanticipated change of judge or magistrate.

15-12-28. Time for filing after unanticipated change of judge or magistrate.
If the affidavit for change is against a judge or magistrate who is to preside who was not regularly scheduled to do so, the provision of §15-12-27 shall govern if there be sufficient time after the party has knowledge or notice of such change of judge or magistrate, and if there is not sufficient time, the request for disqualification and the affidavit may be filed promptly after such knowledge or notice, but must be filed prior to the time set for the trial of such action.
Source:
SDC 1939 & Supp 1960, §33.1211; SDCL, §15-12-7; Supreme Court Rule No. 3, 1972; Supreme Court Rule No. 75-5, §9; Supreme Court Rule 82-23.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 12 - Change Of Circuit Judge Or Magistrate › Section 15-12-29 - Late appointment or employment of counsel--Extending time for filing.

15-12-29. Late appointment or employment of counsel--Extending time for filing.
If counsel is appointed or retained after the time has passed for compliance with §15-12-27, the request for disqualification and the affidavit must be promptly filed and the right to file shall be deemed waived if not filed within five days after counsel is so appointed or employed.
Source:
Supreme Court Rule No. 75-5, §10; Supreme Court Rule 82-23.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 12 - Change Of Circuit Judge Or Magistrate › Section 15-12-30 - Filing of affidavit-Copies.

15-12-30. Filing of affidavit-Copies.
The affidavit for change of circuit judge or magistrate shall be filed with the clerk of the circuit court of the county in which the action is pending. The clerk shall deliver a copy of such affidavit to the presiding judge of the circuit. Such clerk shall also forthwith deliver a copy of such affidavit to the judge or magistrate referred to in said affidavit.
Source: SDC 1939 & Supp 1960, §33.1208; SDCL §15-12-9; Supreme Court Rule No. 3, 1972; Supreme Court Rule No. 75-5, §11; SL 2015, ch 264 (Supreme Court Rule 15-02), eff. July 1, 2015; SL 2022, ch 260 (Supreme Court Rule 22-07), eff. Jul. 1, 2022.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 12 - Change Of Circuit Judge Or Magistrate › Section 15-12-31 - Copies of affidavit served on adverse parties--Liability for failure to serve.

15-12-31. Copies of affidavit served on adverse parties--Liability for failure to serve.
On the same day that an affidavit for change of judge or magistrate is filed, the party by whom or on whose behalf it is so filed, or his attorney, shall serve a copy of such affidavit, either personally or by mailing, upon all adverse parties, or their attorneys of record. The failure to make such service shall not in any manner destroy the effect of such affidavit so filed, but the party on whose behalf it is filed shall reimburse the other parties to the action and their witnesses for expense incurred by reason of such failure, the amount thereof and the terms under which the same shall be paid to be fixed and imposed by the court upon hearing.
Source:
Supreme Court Order No. 4, 1955; SDC Supp 1960, §33.1208; SDCL, §15-12-10; Supreme Court Rule No. 3, 1972; Supreme Court Rule No. 75-5, §12.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 12 - Change Of Circuit Judge Or Magistrate › Section 15-12-32 - Review of affidavit--Designation of substitute judge or magistrate.

15-12-32. Review of affidavit--Designation of substitute judge or magistrate.
The presiding judge of the circuit court or in his absence or disqualification as the judge sought to be changed, the senior judge of the circuit shall review the affidavit and certification, if any, and it is determined that the affidavit is timely and that the right to file the affidavit has not been waived or is not otherwise legally defective, shall assign some other circuit judge or magistrate of that circuit as is appropriate to preside in such action, by filing an order of such appointment with the clerk of the court of the county wherein said action is pending. From the filing of such order the judge or magistrate therein designated shall have full power, authority and jurisdiction to proceed in the matter.
Source:
SDC 1939 & Supp 1960, §33.1214; SDCL, §15-12-14; Supreme Court Rule No. 75-5, §13.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 12 - Change Of Circuit Judge Or Magistrate › Section 15-12-33 - Transmittal of copies of order to substitute judge or magistrate and counsel.

15-12-33. Transmittal of copies of order to substitute judge or magistrate and counsel.
When an order appointing a substitute judge or magistrate has been filed with the clerk of the circuit court, that clerk shall notify the appointed judge or magistrate of the appointment by electronic mailing or by personally delivering a copy of such order of appointment and a statement of the case if one has been prepared or requested by the said substitute, and shall provide via electronic or first-class mail a copy of such order of appointment to all parties or to their attorneys of record in the action involved.
Source:
SDC 1939 & Supp 1960, §33.1215; SDCL, §15-12-15; Supreme Court Rule No. 75-5, §14; SL 2020, ch 249 (Supreme Court Rule 20-01), eff. Feb. 24, 2020.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 12 - Change Of Circuit Judge Or Magistrate › Section 15-12-34 - Disqualification of all judges in circuit--Certification to Supreme Court.

15-12-34. Disqualification of all judges in circuit--Certification to Supreme Court.
In the event it shall be determined that all the judges of the circuit are disqualified or are unable to act in such action, the presiding judge of the circuit shall make and file in the office of the clerk of courts of the court involved an order to that effect. The clerk with whom such order is filed shall forthwith forward to the clerk of the Supreme Court the following:
(1)A certified copy of the affidavit for change of judge;
(2)A certified copy of the order of the presiding judge determining that all the judges of his circuit are disqualified or unable to act; and
(3)A signed statement in duplicate showing the title of the action, the name and address of each attorney of record therein, the date of filing of such affidavit, the general nature of the action and the status thereof.
Source:
Supreme Court Rule No. 75-5, §15.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 12 - Change Of Circuit Judge Or Magistrate › Section 15-12-35 - Assignment of substitute judge by Chief Justice.

15-12-35. Assignment of substitute judge by Chief Justice.
Upon receipt of the matter required by §15-12-34, the Chief Justice of the Supreme Court shall assign some other judge to preside in such action by filing an order with the clerk of the Supreme Court, and from the filing of such order the judge therein designated shall have full power, authority, and jurisdiction to proceed in said action. The clerk of the Supreme Court shall thereupon notify the appointed judge, the presiding judge of said circuit, the clerk of the trial court and all attorneys of record in said action of the judge so assigned, which notice may be given orally if the Chief Justice so directs. The clerk shall mail or deliver to the appointed judge the statement of the action as furnished by the clerk of the trial court.
Source:
Supreme Court Rule No. 75-5, §16.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 12 - Change Of Circuit Judge Or Magistrate › Section 15-12-36 - Jurisdiction of substituted judge or magistrate.

15-12-36. Jurisdiction of substituted judge or magistrate.
The judge or magistrate assigned to replace a disqualified judge or magistrate shall hear the action involved at the time set in any previous order, notice of any calendar assignment or at such other time as he may designate, to the end that the filing of such affidavit for change of judge or magistrate shall not result in any unnecessary delay.
Source:
SDC 1939 & Supp 1960, §33.1216; SDCL, §15-12-16; Supreme Court Rule No. 75-5, §17.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 12 - Change Of Circuit Judge Or Magistrate › Section 15-12-37 - Disqualification on court's own motion.

15-12-37. Disqualification on court's own motion.
A judge or magistrate having knowledge of a ground for self-disqualification under the guidelines established by Canon 3E shall not, unless Canon 3F is utilized, await the filing of an affidavit but shall remove himself on written motion to be filed in duplicate by the judge or magistrate with the clerk of courts of the county wherein the action is pending. The clerk of courts shall notify the presiding judge, and the parties or their attorneys in the manner provided by this chapter for notification on filing of an affidavit for change of judge or magistrate.
Source: Supreme Court Rule No. 75-5, §18; SL 2023, ch 216 (Supreme Court Rule 22-15), eff. Jan. 1, 2023.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 13 - Reference Of Cases › Section 15-13-1 - Purposes for which reference made on agreement of parties.

15-13-1. Purposes for which reference made on agreement of parties.
A reference may be ordered upon the agreement of the parties filed with the clerk or entered in the minutes:
(1)To try any or all the issues in an action or proceeding, whether of fact or law and to report a finding and conclusion thereon;
(2)To ascertain a fact necessary to enable the court to determine an action or proceeding;
(3)In all other cases provided for reference by law.
Source:
SDC 1939 & Supp 1960, §33.1501.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 13 - Reference Of Cases › Section 15-13-2 - Purposes for which reference made without agreement of parties.

15-13-2. Purposes for which reference made without agreement of parties.
When the parties do not consent the court may, upon the application of either, or of its own motion, direct a reference in the following cases:
(1)When the trial of an issue of fact requires the examination of a long account on either side; in which case the referee may be directed to hear and decide the whole issue or report upon any specific question of fact involved therein;
(2)When the taking of an account is necessary for the information of the court before judgment or for carrying a judgment or order into effect;
(3)When it is necessary for the information of the court in a special proceeding;
(4)When the case raises issues regarding any of the natural resources of this state, including, but not limited to, all minerals, uranium, oil, gas, coal, air, and water.
Source:
SDC 1939 & Supp 1960, §33.1502; Supreme Court Rule 82-12.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 13 - Reference Of Cases › Section 15-13-3 - Shorthand reporter--Appointment, qualifications and duties.

15-13-3. Shorthand reporter--Appointment, qualifications and duties.
The referee may appoint a shorthand reporter whose qualifications and duties shall be the same as those of the shorthand reporter of the court.
Source:
SDC 1939 & Supp 1960, §33.1514.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 13 - Reference Of Cases › Section 15-13-4 - Fees, expense, and compensation of shorthand reporter.

15-13-4. Fees, expense, and compensation of shorthand reporter.
The fees and necessary expense of the referee and the compensation of the shorthand reporter shall be fixed by the court, after filing the report, and shall be audited and paid by the county wherein the court is held which made the reference; provided that the compensation of such reporter for making a transcript of the evidence shall not be a charge against or paid by the county, but when ordered by the referee shall be paid by the parties to the action.
Source:
SDC 1939 & Supp 1960, §33.1514.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 14 - Conduct Of Jury Trials › Section 15-14-1 - Order of proceedings at trial.

15-14-1. Order of proceedings at trial.
In civil jury cases, prior to the jury having been selected and sworn, the court may read a written statement of the case agreed upon by the parties to the prospective jurors. The statement may include a summary of the uncontested facts of the case, the claims of the parties and the issues presented. Any such statement of the case shall be submitted to the parties and agreed to by them before being read to the jury panel. The statement of the case read to the prospective jurors shall become a part of the instructions and charge to the jury except to the extent that justice may require any modification thereof after the evidence has been concluded. The jury shall then be selected and sworn, and the trial shall then proceed in the following order, subject to the right of the court, for good cause shown, otherwise to direct the order of statements, proof, and argument:
(1)The court may give such general and preliminary instructions pursuant to §15-6-51, as the court, in its discretion, deems advisable;
(2)The plaintiff or party having the burden of proof shall state the issues and the general nature of the evidence he expects to produce in substantiation of the issues by stating what he claims the issuable facts to be, without argument, and without naming or identifying any particular witness or exhibit by which he expects to prove any of such issuable facts unless permitted by the court;
(3)The defendant or party not having the burden of proof shall then state the issues and the general nature of the evidence he expects to produce in substantiation of the issues by stating what he claims the issuable facts to be, without argument, and without naming or identifying any particular witness or exhibit by which he expects to prove any of such issuable facts unless permitted by the court;
(4)The party having the burden of proof shall then produce and offer before the court and jury the evidence on his part;
(5)The opposing party shall then produce and offer before the court and jury his evidence in support of his defense;
(6)The party having the burden of proof may then offer rebutting evidence only, and the opposing party may also offer rebutting evidence only, unless the court for good reason, in furtherance of justice, permit them to offer evidence upon their original case;
(7)When the evidence is concluded the court shall then settle the instructions and charge the jury;
(8)After the court shall have charged the jury, the plaintiff or party having burden of proof may commence and may conclude the argument, the opposing party making his argument between the opening and concluding argument of plaintiff.
Source:
SDC 1939 & Supp 1960, §33.1307; SL 1993, ch 389 (Supreme Court Rule 93-6); SL 1999, ch 269; SL 2000, ch 257 (Supreme Court Rule 00-3).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 14 - Conduct Of Jury Trials › Section 15-14-2 - Order of presentation of evidence and argument by different counsel.

15-14-2. Order of presentation of evidence and argument by different counsel.
If several parties, having separate interests, appear by different counsel, the court must determine their relative order in the evidence and argument.
Source:
SDC 1939 & Supp 1960, §33.1307 (10).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 14 - Conduct Of Jury Trials › Section 15-14-3 - Names of jurors deposited in suitable container.

15-14-3. Names of jurors deposited in suitable container.
At the opening of the court the clerk shall randomly draw the names of the persons summoned as jurors by an electronic process or prepare separate ballots containing the names of the summoned jurors and deposit the ballots in a suitable container.
Source:
SDC 1939 & Supp 1960, §33.1308; SL 2003, ch 115, §1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 14 - Conduct Of Jury Trials › Section 15-14-4 - Procedure for challenging jury panel.

15-14-4. Procedure for challenging jury panel.
The procedure for challenging a panel of jurors in civil actions or proceedings shall be the same as provided by statute for such challenges in criminal proceedings.
Source:
SDC 1939 & Supp 1960, §33.1309.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 14 - Conduct Of Jury Trials › Section 15-14-5 - Drawing of names from container.

15-14-5. Drawing of names from container.
If an electronic process is not used, the clerk shall, under the direction of the court, publicly draw from the container the appropriate number of ballots to form the jury. Before the name of any juror is drawn, the container shall be closed and the contents shall be intermingled. The clerk shall then, without looking at the ballots, draw them from the container.
Source:
SDC 1939 & Supp 1960, §33.1308; SL 2003, ch 115, §2.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 14 - Conduct Of Jury Trials › Section 15-14-6.1 - Challenges for cause in a civil case.

15-14-6.1. Challenges for cause in a civil case.
Challenges for cause may be taken on any of the following grounds:
(1)The prospective juror does not meet one of the qualifications required by §16-13-10 or is disqualified under that section;
(2)The prospective juror is related by consanguinity or affinity within the fourth degree, as defined by §23A-20-30, to a party in the case;
(3)The prospective juror is a member of the family of a party or one of the attorneys in the case;
(4)The prospective juror has a relationship of guardian and ward, master and servant, employer and employee, landlord and tenant, or principal and agent with an attorney or a party in the case;
(5)The prospective juror is a partner or associate in business with an attorney or a party in the case;
(6)The prospective juror is a surety on a bond or an obligation for an attorney or a party in the case;
(7)The prospective juror, presently, has a relationship of attorney and client with one of the attorneys in the case or has had such a relationship within one year previously;
(8)The prospective juror is an officer, agent, or employee of a corporation, between which corporation and an attorney in the case, the relationship of attorney and client exists;
(9)The prospective juror is the spouse of an attorney in the case;
(10)The prospective juror is the spouse of any other prospective juror who would be subject to a challenge for cause under this section;
(11)The prospective juror previously served as a juror or was a witness in a previous trial between the same parties for the same cause of action;
(12)The prospective juror has a pecuniary interest in the outcome of the case, except an interest as a member or citizen of a municipal corporation or other government unit;
(13)The prospective juror has knowledge of some or all of the material facts of the case and has an unqualified opinion or belief as to the merits of the case;
(14)The prospective juror has a state of mind evincing enmity against, or bias to or against a party in the case;
(15)Within two years prior to being summoned, the prospective juror served as a juror in the county during a prior term of jury service pursuant to §16-13-22;
(16)The prospective juror has a civil case pending in the county exclusive of small claims actions;
(17)If a talesman, the prospective juror applied directly or indirectly to a sheriff, deputy sheriff, or coroner of the county to be summoned for jury duty;
(18)A challenge for actual bias showing the existence of a state of mind on the part of a prospective juror, in reference to the case or to a party, that satisfies the court, in the exercise of sound discretion, that the juror cannot try the issue impartially, without prejudice to the substantial rights of the party challenging.
Source:
SL 1999, ch 277; SL 2002, ch 249, §2.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 14 - Conduct Of Jury Trials › Section 15-14-7 - Challenge of individual jurors--Number of peremptory challenges--Alternating by parties.

15-14-7. Challenge of individual jurors--Number of peremptory challenges--Alternating by parties.
The challenges are to individual jurors, and are either peremptory or for cause. Each party is entitled to three peremptory challenges. If no peremptory challenges are taken until the panel is full, they must be taken by the parties alternately, commencing with the plaintiff.
Source:
SDC 1939 & Supp 1960, §33.1310.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 14 - Conduct Of Jury Trials › Section 15-14-8 - Challenges when several parties on one side.

15-14-8. Challenges when several parties on one side.
Either party may challenge the jurors, but where there are several parties on either side they must join in a challenge before it can be made, except when the parties on the same side have conflicting interests they must each be allowed to examine and challenge separately, and must each be allowed the number of peremptory challenges provided by law.
Source:
SDC 1939 & Supp 1960, §33.1310.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 14 - Conduct Of Jury Trials › Section 15-14-9 - Trial of jury challenges for cause--Witnesses.

15-14-9. Trial of jury challenges for cause--Witnesses.
Challenges for cause must be tried by the court. The juror challenged and any other person may be examined as a witness on the trial of the challenge.
Source:
SDC 1939, §33.1311; SL 1951, ch 185.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 14 - Conduct Of Jury Trials › Section 15-14-10 - Procedure for peremptory challenges--Replacement of jurors challenged.

15-14-10. Procedure for peremptory challenges--Replacement of jurors challenged.
After the panel is filled the parties shall exercise their peremptory challenges. A list of the jurors in the panel shall be made by the clerk and passed first to the plaintiff and then to the defendant, or their respective counsel, and the parties shall exercise their peremptory challenges by crossing out the name of the juror they desire to challenge and noting thereafter that such challenge has been exercised by the plaintiff or defendant, as the case may be. When a peremptory challenge is exercised it shall be announced by the party or attorney exercising it; but the name of the juror challenged need not be announced. Thereupon and before further challenges are exercised, the clerk shall draw another juror and he may be examined for cause and challenges for cause made. The parties shall proceed alternately, exercising their peremptory challenges until the same are exhausted and the jurors then remaining in the box shall be sworn as jurors to try the case.
Source:
SDC 1939 & Supp 1960, §33.1312.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 14 - Conduct Of Jury Trials › Section 15-14-10.1 - Choosing alternate jurors.

15-14-10.1. Choosing alternate jurors.
In addition to the method of choosing or seating an alternate juror provided by §15-6-47(b), the judge may choose the alternate jurors by lot, or by such other means as the parties agree on the record.
Source:
Supreme Court Rule 97-2.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 14 - Conduct Of Jury Trials › Section 15-14-10.2 - Number of prospective jurors.

15-14-10.2. Number of prospective jurors.
When prospective jurors are called for examination, the court may call to the jury box a number of prospective jurors equal to the number of jurors to be impaneled, the number of peremptory challenges allowed the parties, and number of alternates, if any.
Source:
Supreme Court Rule 97-3.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 14 - Conduct Of Jury Trials › Section 15-14-10.3 - Selection of prospective jurors.

15-14-10.3. Selection of prospective jurors.
When prospective jurors are called for examination, the court shall allow selection by either §15-14-10.2 or 15-14-10.
Source:
Supreme Court Rule 97-4.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 14 - Conduct Of Jury Trials › Section 15-14-10.4 - Determining manner of exercising peremptory challenge.

15-14-10.4. Determining manner of exercising peremptory challenge.
If prospective jurors are called for examination pursuant to §15-14-10.2, the manner of exercising a peremptory challenge shall be as found in §15-14-10.5. If prospective jurors are called for examination pursuant to §15-14-10, the manner of exercising a peremptory challenge shall be as found in §15-14-10.
Source:
Supreme Court Rule 97-5.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 14 - Conduct Of Jury Trials › Section 15-14-10.5 - Exercise of peremptory challenge.

15-14-10.5. Exercise of peremptory challenge.
Following examination of the jurors called for examination pursuant to §15-14-10.2, the parties, commencing with the plaintiff, shall alternatively exercise their peremptory challenges on the clerk's list. A peremptory challenge may not be waived.
Source:
Supreme Court Rule 97-6.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 14 - Conduct Of Jury Trials › Section 15-14-11 - Oath of jurors--Affirmation.

15-14-11. Oath of jurors--Affirmation.
As soon as the jury is completed, the following oath shall be administered to the jurors.
Do you, and each of you, swear or affirm that you will fairly hear the matters in dispute and render a verdict according to the evidence and the instructions of the court, so help you God?
Source:
SDC 1939 & Supp 1960, §33.1313; SL 2007, ch 131, §1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 14 - Conduct Of Jury Trials › Section 15-14-12 - Admonitions by court on separation of jury.

15-14-12. Admonitions by court on separation of jury.
Whenever the jurors are permitted to separate, they shall be admonished by the court as follows: You are reminded that you are not to discuss any aspect of this case among yourselves or with anyone else and that you should not form or express any opinion on the case until it is given to you for decision.
Source:
SDC 1939 & Supp 1960, §33.1320; SL 2007, ch 149, §2.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 14 - Conduct Of Jury Trials › Section 15-14-13 - Discharge of juror unable to proceed with trial--Proceedings after discharge.

15-14-13. Discharge of juror unable to proceed with trial--Proceedings after discharge.
If after the impaneling of a jury and before a verdict, a juror dies or becomes so sick as to be unable properly to perform his duty, or if a member of the immediate family of a juror dies or becomes so sick as to warrant the discharge of such juror, the court may order him to be discharged. In that case the trial may proceed with the other jurors if the parties so agree, or another juror may be sworn and the trial begin anew, or the jury may be discharged and a new jury then or afterward impaneled.
Source:
SDC 1939 & Supp 1960, §33.1326.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 14 - Conduct Of Jury Trials › Section 15-14-14 - Stenographic report of opening statements not required.

15-14-14. Stenographic report of opening statements not required.
The court reporter need not make stenographic report of the opening statements of counsel unless the court shall direct, nor if made shall he include same in the transcript unless requested by the party ordering the transcript.
Source:
SDC 1939 & Supp 1960, §33.1307 (3).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 14 - Conduct Of Jury Trials › Section 15-14-15 - One counsel on each side to examine witness.

15-14-15. One counsel on each side to examine witness.
Unless by leave of court, one counsel only on each side shall be entitled to examine or cross-examine a witness.
Source:
SDC 1939 & Supp 1960, §33.1307 (7).