reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-33(a) - Availability--Procedures for use.

15-6-33(a). Availability--Procedures for use.
Any party may serve upon any other party written interrogatories to be answered by the party served or, if the party served is a public or private corporation or a partnership or association or governmental agency, by any officer or agent, who shall furnish such information as is available to the party. Interrogatories may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party.
Each interrogatory shall be answered separately and fully in writing under oath, unless it is objected to, in which event the objecting party shall state the reasons for the objection and shall answer to the extent the interrogatory is not objectionable. The answers are to be signed by the person making them, and the objections signed by the attorney making them. The party upon whom the interrogatories have been served shall serve a copy of the answers, and objections, if any, within thirty days after the service of the interrogatories, except that a defendant may serve answers or objections within forty-five days after service of the summons and complaint upon that defendant. A shorter or longer time may be directed by the court or, in the absence of such order, agreed to in writing by the parties. All grounds for an objection to an interrogatory shall be stated with specificity. Any ground not stated in a timely objection is waived unless the party's failure to object is excused by the court for good cause shown. The party submitting the interrogatories may move for an order under §15-6-37(a) with respect to any objection to or other failure to answer an interrogatory. A party answering interrogatories must set out the interrogatory immediately preceding the answer thereto.
Source:
SDC 1939 & Supp 1960, §36.0531; SD RCP, Rule 33, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SDCL, §15-6-33; Supreme Court Rule 76-3, §7; SL 2006, ch 304 (Supreme Court Rule 06-30), eff. July 1, 2006.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-33(b) - Scope--Use at trial.

15-6-33(b). Scope--Use at trial.
Interrogatories may relate to any matters which can be inquired into under §15-6-26(b), and the answers may be used to the extent permitted by the rules of evidence.
An interrogatory otherwise proper is not necessarily objectionable merely because an answer to the interrogatory involves an opinion or contention that relates to fact or the application of law to fact, but the court may order that such interrogatory need not be answered until after designated discovery has been completed or until a pretrial conference or other later time.
Source:
SDC 1939 & Supp 1960, §36.0531; SD RCP, Rule 33, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SDCL, §15-6-33; Supreme Court Rule 76-3, §7.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-33(c) - Option to produce business records.

15-6-33(c). Option to produce business records.
Where the answer to an interrogatory may be derived or ascertained from the business records of the party upon whom the interrogatory has been served or from an examination, audit, or inspection of such business records, including a compilation, abstract, or summary thereof, and the burden of deriving or ascertaining the answer is substantially the same for the party serving the interrogatory as for the party served, it is a sufficient answer to such interrogatory to specify the records from which the answer may be derived or ascertained and to afford to the party serving the interrogatory reasonable opportunity to examine, audit, or inspect such records and to make copies, compilations, abstracts, or summaries. A specification shall be in sufficient detail to permit the interrogating party to locate and to identify, as readily as can the party served, the records from which the answer may be ascertained.
Source:
SDCL, §15-6-33 as added by Supreme Court Rule 76-3, §7; Supreme Court Rule 86-8.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-34(a) - Scope.

15-6-34(a). Scope.
Any party may serve on any other party a request:
(1)To produce and permit the party making the request, or someone acting on his behalf, to inspect and copy, any designated documents (including writings, drawings, graphs, charts, photographs, phono-records, and other data compilations from which information can be obtained, translated, if necessary, by the respondent through detection devices into reasonably usable form), or to inspect and copy, test, or sample any tangible things which constitute or contain matters within the scope of §15-6-26(b) and which are in the possession, custody, or control of the party upon whom the request is served; or
(2)To permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of §15-6-26(b).
Source:
SDC 1939 & Supp 1960, §36.0601; SD RCP, Rule 34, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SDCL, §15-6-34; Supreme Court Rule 76-3, §8.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-34(b) - Procedure.

15-6-34(b). Procedure.
The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party. The request shall set forth the items to be inspected either by individual item or by category, and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place, and manner of making the inspection and performing the related acts.
The party upon whom the request is served shall serve a written response within thirty days after the service of the request, except that a defendant may serve a response within forty-five days after service of the summons and complaint upon that defendant. The court may allow a shorter or longer time. The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to, in which event the reasons for objection shall be stated. If objection is made to part of an item or category, the part shall be specified. The party submitting the request may move for an order under §15-6-37(a) with respect to any objection to or other failure to respond to the request or of any part thereof, or any failure to permit inspection as requested.
A party who produces documents for inspection shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request.
Source:
SDC 1939 & Supp 1960, §36.0601; SD RCP, Rule 34, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SDCL, §15-6-34; Supreme Court Rule 76-3, §8; Supreme Court Rule 86-9.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-34(c) - Persons not parties.

15-6-34(c). Persons not parties.
This rule does not preclude an independent action against a person not a party for production of documents and things and permission to enter upon land.
Source:
SDCL, §15-6-34 as added by Supreme Court Rule 76-3, §8.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-35(a) - Order for examination.

15-6-35(a). Order for examination.
In an action in which the mental or physical condition of a party or the consanguinity of a party with another person or party is in controversy, the court in which the action is pending may order such person or party to submit to a physical or mental examination or blood test by a physician. The order may be made only on motion for good cause shown and upon notice to the person or party to be examined and to all other persons or parties involved and shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made.
Source:
SDC 1939 & Supp 1960, §36.0602; SD RCP, Rule 35 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-35(b) - Report of examining physician.

15-6-35(b). Report of examining physician.
(1)If requested by the party against whom an order is made under §15-6-35(a) or the person examined, the party causing the examination to be made shall deliver to him a copy of a detailed written report of the examining physician setting out his findings, including results of all tests made, diagnoses and conclusions, together with like reports of all earlier examinations of the same condition. After delivery the party causing the examination shall be entitled upon request to receive from the party against whom the order is made a like report of any examination, previously or thereafter made, of the same condition, unless, in the case of a report of examination of a person not a party, the party shows that he is unable to obtain it. The court on motion may make an order against a party requiring delivery of a report on such terms as are just, and if a physician fails or refuses to make a report the court may exclude his testimony if offered at the trial.
(2)By requesting and obtaining a report of the examination so ordered or by taking the deposition of the examiner, the party examined waives any privilege he may have in that action or any other involving the same controversy, regarding the testimony of every other person who has examined or may thereafter examine him in respect of the same mental or physical condition.
(3)This subdivision applies to examinations made by agreement of the parties, unless the agreement expressly provides otherwise. This subdivision does not preclude discovery of a report of an examining physician or the taking of a deposition of the physician in accordance with the provisions of any other rule.
Source:
SDC 1939 & Supp 1960, §§36.0603, 36.0604; SD RCP, Rule 35 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 76-3, §9.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-36(b) - Effect of admission.

15-6-36(b). Effect of admission.
Any matter admitted under this rule is conclusively established unless the court on motion permits withdrawal or amendment of the admission. Subject to the provisions of §15-6-16 governing amendment of a pretrial order, the court may permit withdrawal or amendment when the presentation of the merits of the action will be subserved thereby and the party who obtained the admission fails to satisfy the court that withdrawal or amendment will prejudice that party in maintaining his action or defense on the merits. Any admission made by a party under this rule is for the purpose of the pending action only and is not an admission for any other purpose nor may it be used against the party in any other proceeding.
Source:
SDC 1939 & Supp 1960, §36.0605; SD RCP, Rule 36 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 76-3, §10; SL 2006, ch 306 (Supreme Court Rule 06-32), eff. July 1, 2006.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-37(b) - Failure to comply with order.

15-6-37(b). Failure to comply with order.
(1)Sanctions by court in circuit where deposition is taken. If a deponent fails to be sworn or to answer a question after being directed to do so by the court in the circuit in which the deposition is being taken, the failure may be considered a contempt of that court.
(2)Sanctions by court in which action is pending. If a party or an officer, director, or managing agent of a party or a person designated under subdivision 15-6-30(b)(6) or §15-6-31(a) to testify on behalf of a party fails to obey an order to provide or permit discovery, including an order made under §15-6-37(a) or 15-6-35, the court in which the action is pending may make such orders in regard to the failure as are just, and among others the following:
(A)An order that the matters regarding which the order was made or any other designated facts shall be taken to be established for the purposes of the action in accordance with the claim of the party obtaining the order;
(B)An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting that party from introducing designated matters in evidence;
(C)An order striking out pleadings or parts thereof, or staying further proceedings until the order is obeyed, or dismissing the action or proceeding or any part thereof, or rendering a judgment by default against the disobedient party;
(D)In lieu of any of the foregoing orders or in addition thereto, an order treating as a contempt of court the failure to obey any orders except an order to submit to a physical or mental examination;
(E)Where a party has failed to comply with an order under §15-6-35(a) requiring that party to produce another for examination, such orders as are listed in paragraphs (A), (B), and (C) of this subdivision, unless the party failing to comply shows that that party is unable to produce such person for examination.
In lieu of any of the foregoing orders or in addition thereto, the court shall require the party failing to obey the order or the attorney advising that party or both to pay the reasonable expenses, including attorney's fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust.
Source:
SDC 1939 & Supp 1960, §36.0607; SD RCP, Rule 37 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 76-3, §11; SL 2006, ch 308 (Supreme Court Rule 06-34), eff. July 1, 2006.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-37(c) - Failure to disclose--False or misleading disclosure--Refusal to admit.

15-6-37(c). Failure to disclose--False or misleading disclosure--Refusal to admit.
(1)A party that without substantial justification fails to disclose information required by subdivision 15-6-26(e)(1), or to amend a prior response to discovery as required by subdivision 15-6-26(e)(2), is not, unless such failure is harmless, permitted to use as evidence at a trial, at a hearing, or on a motion any witness or information not so disclosed. In addition to or in lieu of this sanction, the court, on motion and after affording an opportunity to be heard, may impose other appropriate sanctions. In addition to requiring payment of reasonable expenses, including attorneys' fees, caused by the failure, these sanctions may include any of the actions authorized under subdivisions 15-6-37(b)(2)(A), (2)(B), and (2)(C) and may include informing the jury of the failure to make the disclosure.
(2)If a party fails to admit the genuineness of any document or the truth of any matter as requested under §15-6-36, and if the party requesting the admissions thereafter proves the genuineness of the document or the truth of the matter, the requesting party may apply to the court for an order requiring the other party to pay the reasonable expenses incurred in making that proof, including reasonable attorneys' fees. The court shall make the order unless it finds that:
(A)The request was held objectionable pursuant to §15-6-36(a); or
(B)The admission sought was of no substantial importance; or
(C)The party failing to admit had reasonable ground to believe that the party might prevail on the matter; or
(D)There was other good reason for the failure to admit.
Source:
SDC 1939 & Supp 1960, §36.0606; SD RCP, Rule 37 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 76-3, §11; SL 2006, ch 309 (Supreme Court Rule 06-35), eff. July 1, 2006.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-37(d) - Failure of party to attend at own deposition or serve answers to interrogatories or respond to request for inspection.

15-6-37(d). Failure of party to attend at own deposition or serve answers to interrogatories or respond to request for inspection.
If a party or an officer, director, or managing agent of a party or a person designated under subdivision 15-6-30(b)(6) or §15-6-31(a) to testify on behalf of a party fails (1) to appear before the officer who is to take the deposition, after being served with a proper notice, or (2) to serve answers or objections to interrogatories submitted under §15-6-33, after proper service of the interrogatories, or (3) to serve a written response to a request for inspection submitted under §15-6-34, after proper service of the request, the court in which the action is pending on motion may make such orders in regard to the failure as are just, and among others it may take any action authorized under subdivisions 15-6-37(b)(2)(A), (2)(B), and (2)(C). In lieu of any order or in addition thereto, the court shall require the party failing to act or the attorney advising him or both to pay the reasonable expenses, including attorney's fees, caused by the failure, unless the court finds that the failure was substantially justified or that other circumstances make an award of expenses unjust.
The failure to act described in this subdivision may not be excused on the ground that the discovery sought is objectionable unless the party failing to act has applied for a protective order as provided by §15-6-26(c).
Source:
SD RCP, Rule 37 (d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 76-3, §11; SL 2006, ch 310 (Supreme Court Rule 06-36), eff. July 1, 2006.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-38(b) - Demand for jury trial.

15-6-38(b). Demand for jury trial.
Any party may demand a trial by jury of any issue triable of right by a jury by serving upon the other parties a demand therefor in writing at any time after the commencement of the action and not later than ten days after the service of the last pleading directed to such issue. Such demand may be endorsed upon a pleading of the party.
Source:
SD RCP, Rule 38 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-38(c) - Specification of issues in demand for jury trial.

15-6-38(c). Specification of issues in demand for jury trial.
In the demand for jury trial a party may specify the issues which the party wishes so tried; otherwise the party shall be deemed to have demanded trial by jury for all the issues so triable. If the party has demanded trial by jury for only some of the issues, any other party within ten days after service of the demand or such lesser time as the court may order, may serve a demand for trial by jury of any other or all of the issues of fact in the action.
Source:
SD RCP, Rule 38 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 2006, ch 311 (Supreme Court Rule 06-37), eff. July 1, 2006.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-38(d) - Waiver of jury trial.

15-6-38(d). Waiver of jury trial.
The failure of a party to serve a demand as required by §15-6-38 constitutes a waiver by the party of trial by jury. A demand for trial by jury made as herein provided may not be withdrawn without the consent of the parties.
Source:
SD RCP, Rule 38 (d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 2006, ch 312 (Supreme Court Rule 06-38), eff. July 1, 2006.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-39(a) - Trial by jury.

15-6-39(a). Trial by jury.
When trial by jury has been demanded as provided in §15-6-38, the action shall be designated upon the docket as a jury action. The trial of all issues so demanded shall be by jury, unless:
(1)The parties or their attorneys of record, by written stipulation filed with the court or by an oral stipulation made in open court and entered in the record, consent to trial by the court sitting without a jury, or a party waives the same by failing to appear at the trial or by proceeding to trial by the court without objecting thereto; or
(2)The court upon motion or of its own initiative finds that a right of trial by jury of some or all of those issues does not exist under the Constitution or statutes of this state.
Source:
SDC 1939 & Supp 1960, §§33.1304, 33.1402; SD RCP, Rule 39 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-39(b) - Trial by the court.

15-6-39(b). Trial by the court.
Issues not demanded for trial by jury as provided in §15-6-38 shall be tried by the court; but, notwithstanding the failure of a party to demand a jury in an action in which such a demand might have been made of right, the court in its discretion upon motion may order a trial by a jury of any or all issues.
Source:
SD RCP, Rule 39 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-39(c) - Advisory jury and trial by consent.

15-6-39(c). Advisory jury and trial by consent.
In all actions not triable of right by a jury the court upon motion or of its own initiative may try any issue with an advisory jury, or the court, with the consent of both parties, may order a trial with a jury whose verdict has the same effect as if trial by jury had been a matter of right.
Source:
SDC 1939 & Supp 1960, §33.1302; SD RCP, Rule 39 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-40(a) - Issues--When, where, and how tried.

15-6-40(a). Issues--When, where, and how tried.
The judges of the court shall provide by order or by rule for the placing of actions upon the trial calendar in such manner as the court deems expedient. Precedence shall be given to actions entitled thereto.
Source:
SDC 1939 & Supp 1960, §33.1111; SD RCP, Rule 40 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-40(c) - Proceeding in absence of party.

15-6-40(c). Proceeding in absence of party.
Either party from the time when a case is reached upon the calendar, and in the absence of the adverse party, unless the court for good cause shall otherwise direct, may proceed with the party's case and take a dismissal of the complaint, or a verdict, or judgment, as the case may require.
Source:
SDC 1939 & Supp 1960, §33.1305; SD RCP, Rule 40 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 2006, ch 313 (Supreme Court Rule 06-39), eff. July 1, 2006.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-41(a) - Voluntary dismissal--Effect thereof.

15-6-41(a). Voluntary dismissal--Effect thereof.
(1)By Plaintiff; by Stipulation. Subject to the provisions of §15-6-23(e), of §15-6-66, and of any statute of this state, an action may be dismissed by the plaintiff without order of court
(A)By filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs, or
(B)By filing a stipulation of dismissal signed by all parties who have appeared in the action.
Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in any court of the United States or of any state action based on or including the same claim.
(2)By Order of the Court. Except as provided in subdivision (1) of this section, an action shall not be dismissed at the plaintiff's instance save upon order of the court and upon such terms and conditions as the court deems proper. If a counterclaim has been pleaded by a defendant prior to the service upon the defendant of the plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim can remain pending for independent adjudication by the court. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice.
Source:
SD RCP, Rule 41 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule No. 4, 1972, effective January 1, 1973; SL 2006, ch 314 (Supreme Court Rule 06-40), eff. July 1, 2006.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-41(b) - Involuntary dismissal--Effect thereof.

15-6-41(b). Involuntary dismissal--Effect thereof.
For failure of the plaintiff to prosecute or to comply with this chapter or any order of court, a defendant may move for dismissal of an action or of any claim against the defendant. After the plaintiff, in an action tried by the court without a jury, has completed the presentation of the plaintiff's evidence, the defendant, without waiving the defendant's right to offer evidence in the event the motion is not granted, may move for a dismissal on the ground that upon the facts and the law the plaintiff has shown no right to relief. The court as trier of the facts may then determine them and render judgment against the plaintiff or may decline to render any judgment until the close of all the evidence. If the court renders judgment on the merits against the plaintiff, the court shall make findings as provided in §15-6-52(a). Unless the court in its order for dismissal otherwise specifies, a dismissal under this section and any dismissal not provided for in §15-6-41, other than a dismissal for lack of jurisdiction, or for failure to join a party under §15-6-19, operates as an adjudication upon the merits.
Source:
SDC 1939 & Supp 1960, §33.1704 (4); SD RCP, Rule 41 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; as amended by Sup. Ct. Order No. 2, March 31, 1969, effective July 1, 1969; SL 2006, ch 315 (Supreme Court Rule 06-41), eff. July 1, 2006.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-41(c) - Dismissal of counterclaim, cross-claim, or third-party claim.

15-6-41(c). Dismissal of counterclaim, cross-claim, or third-party claim.
The provisions of §15-6-41 apply to the dismissal of any counterclaim, cross-claim, or third-party claim. A voluntary dismissal by the claimant alone pursuant to paragraph (1) of §15-6-41(a) shall be made before a responsive pleading is served or, if there is none, before the introduction of evidence at the trial or hearing.
Source:
SD RCP, Rule 41 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-41(d) - Costs of previously dismissed action.

15-6-41(d). Costs of previously dismissed action.
If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of costs of the action previously dismissed as it may deem proper and may stay the proceedings in the action until the plaintiff has complied with the order.
Source:
SD RCP, Rule 41 (d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-42(a) - Consolidation of actions.

15-6-42(a). Consolidation of actions.
When actions involving a common question of law or fact are pending before the court, it may order a joint hearing or trial of any or all the matters in issue in the actions; it may order all the actions consolidated; and it may make such orders concerning proceedings therein as may tend to avoid unnecessary costs or delay.
Source:
SDC 1939 & Supp 1960, §33.0917; SD RCP, Rule 42 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-42(b) - Separate trials.

15-6-42(b). Separate trials.
The court, in furtherance of convenience or to avoid prejudice, or when separate trials will be conducive to expedition and economy may order a separate trial of any claim, cross-claim, counterclaim, or third-party claim, or of any separate issue or of any number of claims, cross-claims, counterclaims, third-party claims, or issues, always preserving inviolate the right of trial by jury as declared by the state or federal Constitution or as given by a statute.
Source:
SDC 1939 & Supp 1960, §33.0917; SD RCP, Rule 42 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; as amended by Sup. Ct. Order No. 2, March 31, 1969, effective July 1, 1969.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-43(a) - Form and admissibility of evidence.

15-6-43(a). Form and admissibility of evidence.
In all trials the testimony of witnesses shall be taken orally in open court, unless otherwise provided by this chapter or by the South Dakota Rules of Evidence.
Source:
SD RCP, Rule 43 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 84-8.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-43(d) - Oath or affirmation.

15-6-43(d). Oath or affirmation.
Whenever under this chapter an oath or affirmation is required, it may be in the form prescribed by §§19-19-603.1 and 19-19-603.2.
Source:
SD RCP, Rule 43 (d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1979, ch 154, §28.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-43(e) - Evidence on motions.

15-6-43(e). Evidence on motions.
When a motion is based on facts not appearing of record the court may hear the matter on affidavits presented by the respective parties, but the court may direct that the matter be heard wholly or partly on oral testimony or depositions.
Upon motion of any party for a hearing pursuant to §21-1-4.1, the court shall consider and decide the matter prior to trial.
Source:
SD RCP, Rule 43 (e), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1993, ch 387 (Supreme Court Rule 93-4).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-43(f) - Interpreters.

15-6-43(f). Interpreters.
The procedure for appointing interpreters shall be as provided in §19-3-7, and their compensation fixed, paid, and collected as provided in §19-3-7.
Source:
SD RCP, Rule 43 (f), as adopted by Sup. Ct. Order No. 2, March 31, 1969, effective July 1, 1969; SL 1979, ch 154, §29.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-44.1 - Determination of foreign law.

15-6-44.1. Determination of foreign law.
A party who intends to raise an issue concerning the law of a foreign country shall give notice in his pleadings or other reasonable written notice. The court, in determining foreign law, may consider any relevant material or source, including testimony, whether or not submitted by a party or admissible under §15-6-43. The court's determination shall be treated as a ruling on a question of law.
Source:
SD RCP, Rule 44.1, as adopted by Sup. Ct. Order No. 2, March 31, 1969, effective July 1, 1969.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-44(a) - Authentication of official records.

15-6-44(a). Authentication of official records.
(1) Domestic. An official record kept within the United States, or any state, district, commonwealth, territory, or insular possession thereof, or within the Panama Canal Zone, the Trust Territory of the Pacific Islands, or the Ryukyu Islands, or an entry therein, when admissible for any purpose, may be evidenced by an official publication thereof or by a certified copy prepared by the officer having the legal custody of the record, or by that officer's deputy.
(2) Foreign. A foreign official record, or an entry therein, when admissible for any purpose, may be evidenced by an official publication thereof; or a copy thereof, attested by a person authorized to make the attestation, and accompanied by a final certification as to the genuineness of the signature and official position (i) of the attesting person, or (ii) of any foreign official whose certificate of genuineness of signature and official position relates to the attestation or is in a chain of certificates of genuineness of signature and official position relating to the attestation. A final certification may be made by a secretary of embassy or legation, consul general, consul, vice-consul, or consular agent of the United States, or a diplomatic or consular official of the foreign country assigned or accredited to the United States. If reasonable opportunity has been given to all parties to investigate the authenticity and accuracy of the documents, the court may, for good cause shown, (i) admit an attested copy without final certification or (ii) permit the foreign official record to be evidenced by an attested summary with or without a final certification.
Source:
SDC 1939 & Supp 1960, §36.0901; SD RCP, Rule 44 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; as amended by Sup. Ct. Order No. 2, March 31, 1969, effective July 1, 1969; SL 1996, ch 313.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-44(b) - Proof of lack of official record.

15-6-44(b). Proof of lack of official record.
A written statement that after diligent search no record or entry of a specified tenor is found to exist in the records designated by the statement, authenticated as provided in subdivision 15-6-44(a)(1) in the case of a domestic record, or complying with the requirements of subdivision 15-6-44(a)(2) for a summary in the case of a foreign record, is admissible as evidence that the records contain no such record or entry.
Source:
SDC 1939 & Supp 1960, §36.1103; SD RCP, Rule 44 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; as amended by Sup. Ct. Order No. 2, March 31, 1969, effective July 1, 1969.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-44(c) - Other proof of official record.

15-6-44(c). Other proof of official record.
Section 15-6-44 does not prevent the proof of official records or of entry or lack of entry therein by any other method authorized by law.
Source:
SD RCP, Rule 44 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; as amended by Sup. Ct. Order No. 2, March 31, 1969, effective July 1, 1969.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-45(a) - Subpoena for attendance of witnesses and for production of documentary evidence--Form--Issuance.

15-6-45(a). Subpoena for attendance of witnesses and for production of documentary evidence--Form--Issuance.
Clerks of courts, judges, magistrates, notaries public, referees, and any other public officer or agency so empowered by §1-26-19.1 or otherwise authorized by law in any matter pending before them, upon application of any person having a cause or any matter pending in court or before such agency, officer or tribunal, may issue a subpoena for a witness or witnesses, or for the production of books, papers, documents or tangible things designated therein pursuant to the provisions of §15-6-45(b).
Any attorney of record who has been duly admitted to practice in this state and is in good standing upon the active list of attorneys of the State Bar of South Dakota may issue a subpoena for a witness or witnesses, and for production, inspection and copying of records and exhibits, in any action or proceeding, or collateral hearing, civil or criminal, in which the attorney is the attorney of record for any party. When an attorney issues a subpoena, the attorney must contemporaneously transmit a copy thereof to the clerk of the court, or to the secretary or other filing officer of the board or tribunal in which the matter is pending, for filing. Such officer shall file such copy as one of the public records of the action or proceeding.
A subpoena shall state the name of the court, or tribunal, the title of the action or proceeding, and shall command each person to whom it is directed to attend and give testimony at a time and place therein specified. It shall state the name of the person or party for whom the testimony of the witness is required. The seal of the court or officer, or tribunal, shall be affixed to the original and all copies, if issued by a court or officer having a seal. If the subpoena is issued by an attorney, it shall be issued in the name of the presiding officer of the court, or tribunal in which the matter is pending and shall be attested and signed by the attorney, designating the party for whom the attorney is attorney of record. A subpoena shall also include the following text in bold, capitalized type immediately above the signature of the individual signing the subpoena:
YOU SHOULD TREAT THIS DOCUMENT AS YOU WOULD A COURT ORDER. IF YOU FAIL TO COMPLY WITH THE COMMAND(S) IN THIS DOCUMENT WITHOUT ADEQUATE EXCUSE, THE COURT MAY FIND YOU IN CONTEMPT AND ASSESS MONETARY OR OTHER SANCTIONS AGAINST YOU.
YOU HAVE CERTAIN OBLIGATIONS AND RIGHTS AS IT CONCERNS THIS DOCUMENT, INCLUDING THOSE SET FORTH IN SDCL §15-6-45(b)–(g).
YOU SHOULD CONSIDER CONTACTING AN ATTORNEY REGARDING YOUR OBLIGATIONS AND RIGHTS.
Source: SDC 1939 & Supp 1960, §§36.0301, 36.0302; SD RCP, Rule 45 (a), as adopted by Sup. Ct. Order March 29, 1966, eff. July 1, 1966; Supreme Court Rule 76-3, §12; SL 2021, ch 255 (Supreme Court Rule 21-03), eff. Feb. 23, 2021; SL 2023, ch 214 (Supreme Court Rule 22-13), eff. Jan. 1, 2023.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-45(b) - Subpoena for production of documentary evidence.

15-6-45(b). Subpoena for production of documentary evidence.
A subpoena may command the person to whom it is directed to produce the books, papers, documents, or tangible things designated therein, regardless of whether the attorney also notices the person's deposition or commands the presence of the person to which it is directed to give testimony at a hearing or trial. Before a subpoena commanding the production of documentary evidence is served on the person to whom it is directed, a notice and copy of the subpoena must be served on each party to the matter pending. The court, upon motion made promptly and in any event at or before the time specified in the subpoena for compliance therewith, may:
(1)Quash or modify the subpoena if it is unreasonable and oppressive; or
(2)Condition denial of the motion upon the advancement by the person in whose behalf the subpoena is issued of the reasonable cost of producing the books, papers, documents, or tangible things.
Source: SDC 1939 & Supp 1960, §36.0302; SD RCP, Rule 45 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 2020, ch 246 (Supreme Court Rule
19-16
), eff. Sept. 6, 2019.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-45(c) - Service of subpoena.

15-6-45(c). Service of subpoena.
The subpoena may be served by any officer or person qualified to make service of a summons. The subpoena shall be served in the same manner as a summons is served, excepting that no service by publication is authorized. The subpoena must be served sufficiently in advance of the date upon which the appearance of the witness is required to enable such witness to reach such place by any ordinary or usual method of transportation which he may elect.
At the time of service of a subpoena, there shall be tendered to or on behalf of the person therein named the fees for one day's attendance and the mileage allowed by law. The fact of such payment, or the signed waiver thereof by the person named in the subpoena, shall be stated in the return. If such fees and mileage be not paid or waived, the witness shall not be obliged to obey the subpoena.
At the commencement of each day after the first day, a witness under subpoena may demand his fees for that day's attendance, and if the same is not paid, he shall not be required to remain.
When the subpoena is issued on behalf of the State of South Dakota or its political subdivisions or an officer or agency thereof, fees and mileage need not be tendered.
Source:
SDC 1939, §§36.0301, 36.0401; SL 1955, ch 134; SD RCP, Rule 45 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 76-3, §13.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-45(d) - Subpoena for taking depositions--Place of examination.

15-6-45(d). Subpoena for taking depositions--Place of examination.
(1) Proof of service of a notice to take a deposition as provided in §§15-6-30(b) and 15-6-31(a) constitutes a sufficient authorization for the issuance by any person specified in §15-6-45(a) or by the clerk of courts of the county in which the deposition is to be taken of subpoenas for the persons named or described therein. The subpoena may command the person to whom it is directed to produce and permit inspection and copying of designated books, papers, documents, or tangible things which constitute or contain evidence relating to any of the matters within the scope of the examination permitted by §15-6-26(b), but in that event the subpoena will be subject to the provisions of §§15-6-26(c) and 15-6-45(b).
The person to whom the subpoena is directed may, within ten days after the service thereof or on or before the time specified in the subpoena for compliance if such time is less than ten days after service, serve upon the attorney designated in the subpoena written objection to inspection or copying of any or all of the designated materials. If objection is made, the party serving the subpoena shall not be entitled to inspect and copy the materials except pursuant to an order of the court from which the subpoena was issued. The party serving the subpoena may, if objection has been made, move upon notice to the deponent for an order at any time before or during the taking of the deposition.
(2) A resident of this state may be required to attend an examination only in the county wherein he resides or is employed or transacts his business in person, or at such other convenient place as is fixed by an order of the court. A nonresident of this state may be required to attend only in the county wherein he is served the subpoena, or at such other convenient place as is fixed by an order of the court.
Source:
SDC 1939 & Supp 1960, §§36.0303, 36.0402; SD RCP, Rule 45 (d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 76-3, §14.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-45(f) - Failure to obey subpoena as contempt.

15-6-45(f). Failure to obey subpoena as contempt.
Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the court wherein the action is pending or of a court from which the subpoena may have been issued.
Source:
SD RCP, Rule 45 (f), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-45(g) - Nonresident of state served with subpoena in state.

15-6-45(g). Nonresident of state served with subpoena in state.
A nonresident of this state who is served with subpoena in this state shall be required to obey the same; provided, that the mileage required to be paid such witness as provided in §15-6-45(c) shall be computed from the place of service of the subpoena to the place of attendance.
Source:
SDC 1939 & Supp 1960, §36.0403; SD RCP, Rule 45 (g), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 76-3, §15.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-46 - Exceptions unnecessary.

15-6-46. Exceptions unnecessary.
Formal exceptions to rulings or orders of the court are unnecessary; but for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which he desires the court to take or his objection to the action of the court and his grounds therefor; and, if a party has no opportunity to object to a ruling or order at the time it is made, the absence of an objection does not thereafter prejudice him.
Source:
SDC 1939 & Supp 1960, §33.1601; SD RCP, Rule 46, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1978, ch 178, §565.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-47(a) - Examination of jurors.

15-6-47(a). Examination of jurors.
The court shall permit the parties or their attorneys to conduct the examination of prospective jurors.
Source:
SD RCP, Rule 47 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.