reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-47(b) - Alternate jurors.

15-6-47(b). Alternate jurors.
The court may direct that not more than six jurors in addition to the regular jury be called and impaneled to sit as alternate jurors. Alternate jurors in the order in which they are called shall replace jurors who, prior to the time the jury retires to consider its verdict, become or are found to be unable or disqualified to perform their duties. Alternate jurors shall be drawn in the same manner, shall have the same qualifications, shall be subject to the same examination and challenges, shall take the same oath, and shall have the same functions, powers, facilities, and privileges as the regular jurors. An alternate juror who does not replace a regular juror shall be discharged after the jury retires to consider its verdict. Each side is entitled to one peremptory challenge in addition to those otherwise allowed by law if one or two alternate jurors are to be impaneled, two peremptory challenges if three or four alternate jurors are to be impaneled, and three peremptory challenges if five or six alternate jurors are to be impaneled. The additional peremptory challenges may be used against an alternate juror only and the other peremptory challenges allowed by law shall not be used against an alternate juror. The court may for good cause excuse a juror from service during trial or deliberation.
Source:
SDC 1939 & Supp 1960, §33.1327; SD RCP, Rule 47 (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 316 (Supreme Court Rule 06-42), eff. July 1, 2006.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-48 - Juries of less than twelve--Majority verdict.

15-6-48. Juries of less than twelve--Majority verdict.
The parties may stipulate that the jury shall consist of any number less than twelve or that a verdict or a finding of a stated majority of the jurors shall be taken as the verdict or finding of the jury.
Source:
SD RCP, Rule 48, 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 15-6-49(a) - Special verdicts.

15-6-49(a). Special verdicts.
The court may require a jury to return only a special verdict in the form of a special written finding upon each issue of fact. In that event the court may submit to the jury written questions susceptible of categorical or other brief answer or may submit written forms of the several special findings which might properly be made under the pleadings and evidence; or it may use such other method of submitting the issues and requiring the written findings thereon as it deems most appropriate. The court shall give to the jury such explanation and instruction concerning the matter thus submitted as may be necessary to enable the jury to make its findings upon each issue. If in so doing the court omits any issue of fact raised by the pleadings or by the evidence, each party waives his right to a trial by jury of the issue so omitted unless before the jury retires the party demands its submission to the jury. As to an issue omitted without such demand the court may make a finding; or, if it fails to do so, it shall be deemed to have made a finding in accord with the judgment on the special verdict.
Source:
SD RCP, Rule 49 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 2006, ch 317 (Supreme Court Rule 06-43), eff. July 1, 2006.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-49(b) - General verdict accompanied by answer to interrogatories.

15-6-49(b). General verdict accompanied by answer to interrogatories.
The court may submit to the jury, together with appropriate forms for a general verdict, written interrogatories upon one or more issues of fact the decision of which is necessary to a verdict. The court shall give such explanation or instruction as may be necessary to enable the jury both to make answers to the interrogatories and to render a general verdict, and the court shall direct the jury both to make written answers and to render a general verdict. When the general verdict and the answers are harmonious, the appropriate judgment upon the verdict and answers shall be entered pursuant to §15-6-58. When the answers are consistent with each other but one or more is inconsistent with the general verdict, judgment may be entered pursuant to §15-6-58 in accordance with the answers, notwithstanding the general verdict, or the court may return the jury for further consideration of its answers and verdict or may order a new trial. When the answers are inconsistent with each other and one or more is likewise inconsistent with the general verdict, judgment shall not be entered, but the court shall return the jury for further consideration of its answers and verdict or shall order a new trial.
Source:
SD RCP, Rule 49 (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 15-6-50(a) - Judgment as a matter of law.

15-6-50(a). Judgment as a matter of law.
(1)If during a trial by jury a party has been fully heard on an issue and there is no legally sufficient evidentiary basis for a reasonable jury to find for that party on that issue, the court may determine the issue against that party and may grant a motion for judgment as a matter of law against that party with respect to a claim or defense that cannot under the controlling law be maintained or defeated without a favorable finding on that issue.
(2)Motions for judgment as a matter of law may be made at any time before submission of the case to the jury. Such a motion shall specify the judgment sought and the law and the facts on which the moving party is entitled to the judgment.
Source:
SDC 1939 & Supp 1960, §§33.1314 to 33.1316; SD RCP, Rule 50 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 2006, ch 318 (Supreme Court Rule 06-44), eff. July 1, 2006.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-50(b) - Renewing motion for judgment after trial--Alternative motion for new trial.

15-6-50(b). Renewing motion for judgment after trial--Alternative motion for new trial.
If, for any reason, the court does not grant a motion for judgment as a matter of law made at the close of all the evidence, the court is considered to have submitted the action to the jury subject to the court's later deciding the legal questions raised by the motion. The movant may renew its request for judgment as a matter of law by filing a motion no later than ten days after notice of entry of judgment--and may alternatively request a new trial or join a motion for a new trial under §15-6-59. In ruling on a renewed motion, the court may:
(1)If a verdict was returned:
(A)Allow the judgment to stand;
(B)Order a new trial; or
(C)Direct entry of judgment as a matter of law; or
(2)If no verdict was returned:
(A)Order a new trial; or
(B)Direct entry of judgment as a matter of law.
Source:
SDC 1939, §33.1705; Supreme Court Order No. 3, 1952; SDC Supp 1960, §33.1328; SD RCP, Rule 50 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 79-4; Supreme Court Rule 82-30; SL 2006, ch 319 (Supreme Court Rule 06-45), eff. July 1, 2006; SL 2008, ch 287 (Supreme Court Rule 08-01), eff. July 1, 2008.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-50(c) - Granting renewed motion for judgment as a matter law--Conditional rulings--New trial motion.

15-6-50(c). Granting renewed motion for judgment as a matter law--Conditional rulings--New trial motion.
(1)If the renewed motion for judgment as a matter of law, provided for in §15-6-50(b), is granted, the court shall also rule on the motion for a new trial, if any, by determining whether it should be granted if the judgment is thereafter vacated or reversed, and shall specify the grounds for granting or denying the motion for the new trial. If the motion for a new trial is thus conditionally granted, the order thereon does not affect the finality of the judgment. In case the motion for a new trial has been conditionally granted and the judgment is reversed on appeal, the new trial shall proceed unless the Supreme Court has otherwise ordered. In case the motion for a new trial has been conditionally denied, the respondent on appeal may assert error in that denial; and if the judgment is reversed on appeal, subsequent proceedings shall be in accordance with the order of the Supreme Court.
(2)Any motion for a new trial under §15-6-59 by a party against whom judgment as a matter of law is rendered shall be filed no later than 10 days after entry of the judgment.
Source:
SD RCP, Rule 50 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 2006, ch 320 (Supreme Court Rule 06-46), eff. July 1, 2006.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-50(d) - Denial of motion for judgment as a matter of law.

15-6-50(d). Denial of motion for judgment as a matter of law.
If the motion for judgment as a matter of law is denied, the party who prevailed on that motion may, as respondent, assert grounds entitling the party to a new trial in the event the Supreme Court concludes that the trial court erred in denying the motion for judgment. If the Supreme Court reverses the judgment, nothing in §15-6-50 precludes it from determining that the respondent is entitled to a new trial, or from directing the trial court to determine whether a new trial shall be granted.
Source:
SD RCP, Rule 50 (d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 2006, ch 321 (Supreme Court Rule 06-47), eff. July 1, 2006.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-51(a) - Instructions to jury--Requests.

15-6-51(a). Instructions to jury--Requests.
(1)A party may, at the close of the evidence or at an earlier reasonable time that the court directs, file and furnish to every other party written requests that the court instruct the jury on the law as set forth in the requests.
(2)After the close of the evidence, a party may:
(A)File requests for instructions on issues that could not reasonably have been anticipated at an earlier time for requests set under subdivision 15-6-51(a)(1); and
(B)With the court's permission file untimely requests for instructions on any issue.
Source:
SDC 1939 & Supp 1960, §§33.1317, 33.1325; SD RCP, Rule 51 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1993, ch 388 ( Supreme Court Rule 93-5); SL 1999, ch 268; SL 2006, ch 322 (Supreme Court Rule 06-48), eff. July 1, 2006.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-51(b) - Instructions.

15-6-51(b). Instructions.
The court:
(1)Must inform the parties of its proposed instructions and proposed action on the requests before instructing the jury and before final jury arguments;
(2)Must give the parties an opportunity to object on the record and out of the jury's hearing to the proposed instructions and actions on requests before the instructions and arguments are delivered; and
(3)May instruct the jury at any time after trial begins and before the jury is discharged.
Source:
SDC 1939 & Supp 1960, §33.1318; SD RCP, Rule 51 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1978, ch 178, §566; Supreme Court Rule 98-27; SL 2006, ch 323 (Supreme Court Rule 06-49), eff. July 1, 2006.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-51(c) - Objections.

15-6-51(c). Objections.
(1)A party who objects to an instruction or the failure to give an instruction must do so on the record, stating distinctly the matter objected to and the grounds of the objection.
(2)An objection is timely if:
(A)A party that has been informed of an instruction or action on a request before the jury is instructed and before final jury arguments, as provided by subdivision 15-6-51(b)(1), objects at the opportunity for objection required by subdivision 15-6-51(b)(2); or
(B)A party that has not been informed of an instruction or action on a request before the time for objection provided under subdivision 15-6-51(b)(2) objects promptly after learning that the instruction or request will be, or has been, given or refused.
Source:
SDC 1939 & Supp 1960, §33.1319; SD RCP, Rule 51 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1978, ch 178, §567; Supreme Court Rule 98-28; SL 2006, ch 324 (Supreme Court Rule 06-50), eff. July 1, 2006.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-51(d) - Assigning error--Plain error.

15-6-51(d). Assigning error--Plain error.
(1)A party may assign as error:
(A)An error in an instruction actually given if that party made a proper objection under §15-6-51(c); or
(B)A failure to give an instruction if that party made a proper request under §15-6-51(a), and--unless the court made a definitive ruling on the record rejecting the request--also made a proper objection under §15-6-51(c).
(2)A court may consider a plain error in the instructions affecting substantial rights that has not been preserved as required by subdivision 15-6-51(d)(1)(A) or (1)(B).
Source:
SL 2006, ch 325 (Supreme Court Rule 06-51), eff. July 1, 2006.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-52(b) - Waiver of findings and conclusions of law.

15-6-52(b). Waiver of findings and conclusions of law.
Findings of fact and conclusions of law are waived by failing to appear at the trial, by consent in writing filed with the clerk, by oral consent in open court, or by entering into a stipulation of facts for consideration by the court.
Source:
SDC 1939 & Supp 1960, §§33.1304, 33.1404; SD RCP, Rule 52 (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 15-6-53(a) - Appointment and compensation of referees.

15-6-53(a). Appointment and compensation of referees.
A court in which any action is pending may appoint a referee therein. A referee must not have a relationship to the parties, counsel, action, or court that would require disqualification of a judge under the Code of Judicial Conduct, unless the parties consent with the court's approval to appointment of a particular person after disclosure of any potential grounds for disqualification. When a reference is made as provided by statute the fees and necessary expenses shall be ordered paid from such source as is designated therein, otherwise the compensation to be allowed to a referee shall be fixed by the court, and shall be charged upon such of the parties or paid out of any fund or subject matter of the action, which is in the custody and control of the court as the court may direct. The referee shall not retain his report as security for his compensation; but when the party ordered to pay the compensation allowed by the court does not pay it after notice and within the time prescribed by the court, the referee is entitled to a writ of execution against the delinquent party.
In cases involving an order for support as defined in subdivision 25-7A-1(12), any referee appointed to hear the case may recommend the imposition of attorney's fees and costs on one or both of the parties. The referee in any hearing held pursuant to chapter 25-7A and the provisions of §§25-7A-6 and 25-7A-22, shall be compensated by the court.
Source:
SD RCP, Rule 53 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1989, ch 175, §1; SL 2006, ch 327 (Supreme Court Rule 06-53), eff. July 1, 2006.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-53(b) - Reference.

15-6-53(b). Reference.
Except as provided in chapter 25-7A, a reference to a referee shall be the exception and not the rule. In actions to be tried by a jury, a reference shall be made only when the issues are complicated; in actions to be tried without a jury, save in matters of account and difficult computation of damages, a reference shall be made only upon a showing that some exceptional condition requires it.
Source:
SD RCP, Rule 53 (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 1989, ch 175, §2.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-53(c) - Powers of referee.

15-6-53(c). Powers of referee.
The order of reference to the referee may specify or limit his powers and may direct him to report only upon particular issues or to do or perform particular acts or to receive and report evidence only and may fix the time and place for beginning and closing the hearings and for the filing of the referee's report. Subject to the specifications and limitations stated in the order, the referee has and shall exercise the power to regulate all proceedings in every hearing before him and to do all acts and take all measures necessary or proper for the efficient performance of his duties under the order. He may require the production before him of evidence upon all matters embraced in the reference, including the production of all books, papers, vouchers, documents, and writings applicable thereto. He may rule upon the admissibility of evidence unless otherwise directed by the order of reference and has the authority to put witnesses on oath and may himself examine them and may call the parties to the action and examine them upon oath. When a party so requests the referee shall make a record of the evidence offered and excluded in the same manner and subject to the same limitations as provided in §15-6-43(c) for a court sitting without a jury.
Source:
SD RCP, Rule 53 (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 15-6-53(d) - Proceedings before referee.

15-6-53(d). Proceedings before referee.
(1)Meetings. When a reference is made, the clerk shall forthwith furnish the referee with a copy of the order of reference. Upon receipt thereof unless the order of reference otherwise provides, the referee shall forthwith set a time and place for the first meeting of the parties or their attorneys to be held within twenty days after the date of the order of reference and shall notify the parties or their attorneys. It is the duty of the referee to proceed with all reasonable diligence. Either party, on notice to the parties and referee, may apply to the court for an order requiring the referee to speed the proceedings and to make his report. If a party fails to appear at the time and place appointed, the referee may proceed ex parte or, in his discretion, adjourn the proceedings to a future day, giving notice to the absent party of the adjournment.
(2)Witnesses. The parties may procure the attendance of witnesses before the referee by the issuance and service of subpoenas as provided in §15-6-45. If without adequate excuse a witness fails to appear or give evidence, he may be punished as for a contempt and be subjected to the consequences, penalties, and remedies provided in §§15-6-37 and 15-6-45.
(3)Statement of Accounts. When matters of accounting are in issue before the referee, he may prescribe the form in which the accounts shall be submitted and in any proper case may require or receive in evidence a statement by a certified public accountant who is called as a witness. Upon objection of a party to any of the items thus submitted or upon a showing that the form of statement is insufficient, the referee may require a different form of statement to be furnished, or the accounts or specific items thereof to be proved by oral examination of the accounting parties or upon written interrogatories or in such other manner as he directs.
Source:
SD RCP, Rule 53 (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 15-6-53(e) - Report of referee.

15-6-53(e). Report of referee.
(1)Contents and Filing. The referee shall prepare a report upon the matters submitted to him by the order of reference and, if required to make findings of fact and conclusions of law, he shall set them forth in the report. He shall file the report with the clerk of the court and in an action to be tried without a jury, unless otherwise directed by the order of reference, shall file with it a transcript of the proceedings and of the evidence and the original exhibits. The clerk shall forthwith mail to all parties notice of the filing.
(2)In Nonjury Actions. In an action to be tried without a jury the court shall accept the referee's findings of fact unless clearly erroneous. Within ten days after being served with notice of the filing of the report any party may serve written objections thereto upon the other parties. Application to the court for action upon the report and upon objections thereto shall be by motion and upon notice as prescribed in §15-6-6(d). The court after hearing may adopt the report or may modify it or may reject it in whole or in part or may receive further evidence or may recommit it with instructions.
(3)In Jury Actions. In an action to be tried by a jury the referee shall not be directed to report the evidence. His findings upon the issues submitted to him are admissible as evidence of the matters found and may be read to the jury, subject to the ruling of the court upon any objections in point of law which may be made to the report.
(4)Stipulation as to Findings. The effect of a referee's report is the same whether or not the parties have consented to the reference; but, when the parties stipulate that a referee's findings of fact shall be final, only questions of law arising upon the report shall thereafter be considered.
(5)Draft Report. Before filing his report a referee may submit a draft thereof to counsel for all parties for the purpose of receiving their suggestions.
Source:
SD RCP, Rule 53 (e), 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 15-6-54(a) - Definition--Form of judgment.

15-6-54(a). Definition--Form of judgment.
"Judgment" as used in this chapter includes a decree and means the final determination of the rights of the parties in an action or proceeding. A judgment shall not contain a recital of pleadings, the report of a referee, or the record of prior proceedings. Every direction of a court or judge, made or entered in writing and not included in a judgment, is denominated an order.
Source:
SDC 1939 & Supp 1960, §§33.1404, 33.1701; SD RCP, Rule 54 (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 15-6-54(b) - Judgment upon multiple claims or involving multiple parties.

15-6-54(b). Judgment upon multiple claims or involving multiple parties.
When multiple claims for relief or multiple parties are involved in an action, the court may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties only upon an express determination that there is no just reason for delay and upon an express direction for the entry of judgment. In the absence of such determination and direction, any order or other form of decision, however designated, which adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties shall not terminate the action as to any of the claims or parties, and the order or other form of decision is subject to revision at any time before the entry of judgment adjudicating all the claims and the rights and liabilities of all the parties.
Source:
SDC 1939 & Supp 1960, §33.1704; SD RCP, Rule 54 (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 15-6-54(c) - Demand for judgment.

15-6-54(c). Demand for judgment.
A judgment by default shall not be different in kind from or exceed in amount that prayed for in the demand for judgment. Except as to a party against whom a judgment is entered by default, every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in his pleadings.
Source:
SDC 1939 & Supp 1960, §33.1703; SD RCP, Rule 54 (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 15-6-55(a) - Entry of default.

15-6-55(a). Entry of default.
When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by this chapter that fact shall be made to appear by affidavit.
Source:
SD RCP, Rule 55 (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 15-6-55(b) - Default judgment.

15-6-55(b). Default judgment.
Judgment by default may be entered as follows:
(1)By the Court. In all cases the party entitled to a judgment by default shall apply to the court therefor; but no judgment by default shall be entered against a minor or incompetent person unless represented in the action by a guardian, conservator or guardian ad litem who has appeared therein. If the party against whom judgment by default is sought has appeared in the action, he (or, if appearing by representative, his representative) shall be served with written notice of the application for judgment at least three days prior to the hearing on such application. If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the court may conduct such hearings or order such references as it deems necessary and proper and shall accord a right of trial by jury to the parties when and as required by any statute of this state.
(2)Filing. No default judgment shall be rendered against a defendant until a complaint has been on file at least twenty days unless the complaint has been served with a summons.
(3)Service by Publication. In actions where the service of the summons was by publication before rendering judgment the court may in its discretion require the plaintiff to cause to be filed satisfactory security to abide the order of the court touching the restitution of any estate or effects which may be directed by such judgment to be transferred or delivered or the restitution of any money that may be collected under or by virtue of such judgment in case the defendant or his representative shall apply and be admitted to defend the action and shall succeed in such defense.
Source:
SDC 1939 & Supp 1960, §33.1707; SD RCP, Rule 55 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1993, ch 213, §91.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-55(c) - Setting aside default.

15-6-55(c). Setting aside default.
For good cause shown the court may set aside a judgment by default in accordance with §15-6-60(b).
Source:
SD RCP, Rule 55 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 84-6.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-55(d) - Plaintiffs, counterclaimants and cross-claimants entitled to default.

15-6-55(d). Plaintiffs, counterclaimants and cross-claimants entitled to default.
The provisions of §15-6-55 apply whether the party entitled to the judgment by default is a plaintiff, a third-party plaintiff, or a party who has pleaded a cross-claim or counterclaim. In all cases a judgment by default is subject to the limitations of §15-6-54(c).
Source:
SD RCP, Rule 55 (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 15-6-56(a) - Summary judgment for claimant.

15-6-56(a). Summary judgment for claimant.
A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may, at any time after the expiration of thirty days from the commencement of the action or after service of a motion for summary judgment by the adverse party, move with or without supporting affidavits for a summary judgment in his favor upon all or any part thereof.
Source:
SD RCP, Rule 56 (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 15-6-56(b) - Summary judgment for defending party.

15-6-56(b). Summary judgment for defending party.
A party against whom a claim, counterclaim, or cross-claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in his favor as to all or any part thereof.
Source:
SD RCP, Rule 56 (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 15-6-56(c) - Motion for summary judgment and proceedings thereon.

15-6-56(c). Motion for summary judgment and proceedings thereon.
Unless different periods are fixed or permitted by order of the court, the motion and supporting brief, statement of undisputed material facts, and any affidavits shall be served not later than twenty-eight calendar days before the time specified for the hearing; any response or reply thereto, including any response to the movant’s statement of undisputed material facts, shall be served not later than fourteen calendar days before the hearing; and a reply brief or affidavit may be served by the movant not later than seven calendar days before the hearing. The time computation rules of SDCL 15-6-6(a) requiring the exclusion of intermediate Saturdays, Sundays, and legal holidays shall not apply to the seven-calendar-day reply period.
(1) A party moving for summary judgment shall attach to the motion a separate, short, and concise statement of the material facts as to which the moving party contends there is no genuine issue to be tried. Each material fact in this required statement must be presented in a separate numbered statement and with appropriate citation to the record in the case.
(2) A party opposing a motion for summary judgment shall include a separate, short, and concise statement of the material facts as to which the opposing party contends a genuine issue exists to be tried. The opposing party must respond to each numbered paragraph in the moving party's statement with a separately numbered response and appropriate citations to the record.
(3)All material facts set forth in the statement that the moving party is required to serve shall be admitted unless controverted by the statement required to be served by the opposing party.
The judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law. A summary judgment, interlocutory in character, may be rendered on the issue of liability alone although there is a genuine issue as to the amount of damages.
Source:
SD RCP, Rule 56 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 2006, ch 329 (Supreme Court Rule 06-55), eff. July 1, 2006; SL 2007, ch 302 (Supreme Court Rule 06-70), eff. Jan. 1, 2007; SL 2008, ch 281 (Supreme Court Rule 07-02), eff. Jan. 1, 2008; SL 2021, ch 256 (Supreme Court Rule 21-04), eff. Jul. 1, 2021.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-56(d) - Case not fully adjudicated on motion for summary judgment.

15-6-56(d). Case not fully adjudicated on motion for summary judgment.
If on motion under §15-6-56 judgment is not rendered upon the whole case or for all the relief asked and a trial is necessary, the court at the hearing of the motion, by examining the pleadings and the evidence before it and by interrogating counsel, shall if practicable ascertain what material facts exist without substantial controversy and what material facts are actually and in good faith controverted. It shall thereupon make an order specifying the facts that appear without substantial controversy, including the extent to which the amount of damages or other relief is not in controversy, and directing such further proceedings in the action as are just. Upon the trial of the action the facts so specified shall be deemed established, and the trial shall be conducted accordingly.
Source:
SD RCP, Rule 56 (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 15-6-56(e) - Form of affidavits for summary judgment--Further testimony--Defense required.

15-6-56(e). Form of affidavits for summary judgment--Further testimony--Defense required.
Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith. The court may permit affidavits to be supplemented or opposed by depositions, answers to interrogatories, or further affidavits. When a motion for summary judgment is made and supported as provided in §15-6-56, an adverse party may not rest upon the mere allegations or denials of his pleading, but his response, by affidavits or as otherwise provided in §15-6-56, must set forth specific facts showing that there is a genuine issue for trial. If he does not so respond, summary judgment, if appropriate, shall be entered against him.
Source:
SD RCP, Rule 56 (e), 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 15-6-56(f) - Opposing summary judgment when affidavits are unavailable.

15-6-56(f). Opposing summary judgment when affidavits are unavailable.
Should it appear from the affidavits of a party opposing the motion that he cannot for reasons stated present by affidavit facts essential to justify his opposition, the court may refuse the application for judgment or may order a continuance to permit affidavits to be obtained or depositions to be taken or discovery to be had or may make such other order as is just.
Source:
SD RCP, Rule 56 (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 15-6-56(g) - Summary judgment affidavits made in bad faith.

15-6-56(g). Summary judgment affidavits made in bad faith.
Should it appear to the satisfaction of the court at any time that any of the affidavits presented pursuant to §15-6-56 are presented in bad faith or solely for the purpose of delay, the court shall forthwith order the party employing them to pay to the other party the amount of the reasonable expenses which the filing of the affidavits caused him to incur, including reasonable attorney's fees, and any offending party or attorney may be adjudged guilty of contempt.
Source:
SD RCP, Rule 56 (g), 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 15-6-57 - Declaratory judgments.

15-6-57. Declaratory judgments.
The procedure for obtaining a declaratory judgment pursuant to chapter 21-24, shall be in accordance with this chapter, and the right to trial by jury may be demanded under the circumstances and in the manner provided in §§15-6-38 and 15-6-39. The existence of another adequate remedy does not preclude a judgment for declaratory relief in cases where it is appropriate. The court may order a speedy hearing of an action for a declaratory judgment and may advance it on the calendar.
Source:
SD RCP, Rule 57, 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 15-6-58 - Entry of judgment and orders--Effective date.

15-6-58. Entry of judgment and orders--Effective date.
Subject to the provisions of §15-6-54(b), judgment upon the jury verdict or upon the decision of the court, shall be promptly rendered. Every judgment shall be set forth on a separate document. A judgment or an order becomes complete and effective when reduced to writing, signed by the court or judge, attested by the clerk and filed in the clerk's office. The clerk, immediately after the filing of any judgment, shall docket the same as provided by law. Judgments of divorce pursuant to chapter 25-4 and judgments of foreclosure pursuant to chapter 21-47 or chapter 21-48 shall be docketed by the notation "see file." Entry of the judgment shall not be delayed for the taxing of costs.
Source:
SDC 1939 & Supp 1960, §33.1702; SD RCP, Rule 58, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1990, ch 149, §6; SL 2006, ch 330 (Supreme Court Rule 06-56), eff. July 1, 2006.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-59(a) - Grounds for new trial.

15-6-59(a). Grounds for new trial.
A new trial may be granted to all or any of the parties and on all or part of the issues for any of the following causes:
(1)Irregularity in the proceedings of the court, jury, or adverse party or any order of the court or abuse of discretion by which either party was prevented from having a fair trial;
(2)Misconduct of the jury; and whenever any one or more of the jurors have been induced to assent to any general or special verdict or to a finding on any question submitted to them by the court, by a resort to the determination of chance, such misconduct may be proved by the affidavit of any one of the jurors;
(3)Accident or surprise which ordinary prudence could not have guarded against;
(4)Newly discovered evidence, material to the party making the application, which he could not with reasonable diligence have discovered and produced at the trial;
(5)Excessive or inadequate damages appearing to have been given under the influence of passion or prejudice;
(6)Insufficiency of the evidence to justify the verdict or other decision or that it is against law;
(7)Error of law occurring at the trial; provided, that in the case of claim of error, admission, rejection of evidence, or instructions to the jury or failure of the court to make a finding or conclusion upon a material issue which had not been proposed or requested, it must be based upon an objection, offer of proof or a motion to strike.
On a motion for a new trial in an action tried without a jury, the court may open the judgment if one has been entered, take additional testimony, amend findings of fact and conclusions of law or make new findings and conclusions, and direct the entry of a new judgment.
When the motion be made for a cause mentioned in subparagraphs (1), (2), (3), or (4), it must be made upon affidavits attached to and made a part of the motion, unless as to a cause mentioned in subparagraph (1), the irregularity or abuse of discretion is sufficiently disclosed by the record to support such motion. When the motion is made under subparagraph (6) it shall state the particulars wherein the evidence is claimed to be insufficient.
Source:
SDC 1939 & Supp 1960, §§33.1605, 33.1606; SD RCP, Rule 59 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1978, ch 178, §568.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-59(b) - Time for motion for new trial--Rulings thereon--Extension of time.

15-6-59(b). Time for motion for new trial--Rulings thereon--Extension of time.
The motion for a new trial stating the grounds thereof shall be served and filed not later than ten days after the notice of entry of the judgment.
The court shall make and file the order granting or denying such new trial within twenty days after the service and filing of such motion, unless for good cause shown, the court files an order within said twenty days extending the time for entering such order. If a motion for new trial has not been determined by the court and no order has been entered by the court extending the time for such ruling within twenty days from the date of service and filing of such motion, it shall be deemed denied.
Source:
SDC 1939 & Supp 1960, §§33.1606, 33.1608, 33.1610; SD RCP, Rule 59 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 76-3, §16; Supreme Court Rule 82-32.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-59(c) - Hearing and answering affidavits on motion for new trial.

15-6-59(c). Hearing and answering affidavits on motion for new trial.
Upon the presentation of such motion the court shall by order fix the time and place for hearing thereof, and in such order shall fix the time for service thereof, and for answering said motion and for service of answering affidavits, if any.
Source:
SDC 1939 & Supp 1960, §33.1606; SD RCP, Rule 59 (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 15-6-59(d) - New trial on initiative of court.

15-6-59(d). New trial on initiative of court.
Not later than ten days after entry of judgment the court of its own initiative may order a new trial for any reason for which it might have granted a new trial on motion of a party. After giving the parties notice and an opportunity to be heard on the matter, the court may grant a motion for a new trial, timely served, for a reason not stated in the motion. In either case, the court shall specify in the order the grounds therefor.
Source:
SDC 1939 & Supp 1960, §33.1609; SD RCP, Rule 59 (d), 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 15-6-59(e) - Procedure upon hearing of motion for new trial.

15-6-59(e). Procedure upon hearing of motion for new trial.
On the hearing reference may be had in all cases to the pleadings, orders, rulings and files of the court, and to depositions, documentary evidence, shorthand report, and transcript, if one has been made, and the court may take the testimony of witnesses as to causes enumerated in subdivisions 15-6-59(a)(1), (2), (3), and (4), which testimony may be reduced to writing and transcribed on the request of either party and filed in the office of the clerk as part of the record.
Source:
SDC 1939 & Supp 1960, §33.1606; SD RCP, Rule 59 (e), 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 15-6-59(f) - Motion for new trial not required as foundation for appeal in certain cases.

15-6-59(f). Motion for new trial not required as foundation for appeal in certain cases.
A motion for a new trial shall not be necessary as a prerequisite to obtain appellate review as to matters specified in subdivisions 15-6-59(a)(6) and (7), and all of such matters may be reviewed on an appeal from the judgment, regardless of whether a motion for a new trial has been made, provided such matter has been submitted to the trial court as prescribed in §15-26A-8.
Source:
SDC 1939 & Supp 1960, §33.1607; SD RCP, Rule 59 (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 15-6-59(g) - Order granting new trial must show grounds upon which based.

15-6-59(g). Order granting new trial must show grounds upon which based.
The trial court when granting a motion for new trial shall in its order specify each and every ground upon which it bases such order; all grounds urged upon such motion and not specified in the order shall be deemed to have been overruled by the trial court.
Source:
SDC 1939 & Supp 1960, §33.1611; SD RCP, Rule 59 (g), 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 15-6-60(a) - Relief from clerical mistakes.

15-6-60(a). Relief from clerical mistakes.
Clerical mistakes in judgments, orders, or other parts of the record and errors therein arising from oversight or omission may be corrected by the court at any time of its own initiative or on the motion of any party and after such notice, if any, as the court orders. During the pendency of an appeal, such mistakes may be so corrected before the settled record is transmitted to the clerk of the Supreme Court and thereafter while the appeal is pending may be so corrected with leave of the Supreme Court.
Source:
SDC 1939 & Supp 1960, §33.0108; SD RCP, Rule 60 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.