reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-11(b) - Representations to court.

15-6-11(b). Representations to court.
By presenting to the court (whether by signing, filing, submitting, or later advocating) a pleading, written motion, or other paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:
(1)It is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;
(2)The claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;
(3)The allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; and
(4)The denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief.
Source:
SDC 1939 & Supp 1960, §33.0909; SD RCP, Rule 11, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1986, ch 160, §1; SL 2001 ch 297 (Supreme Court Rule 01-05); SL 2006, ch 280 (Supreme Court Rule 06-06), eff. July 1, 2006.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-11(c) - Sanctions.

15-6-11(c). Sanctions.
If, after notice and a reasonable opportunity to respond, the court determines that §15-6-11(b) has been violated, the court may, subject to the conditions stated below, impose an appropriate sanction upon the attorneys, law firms, or parties that have violated §15-6-11(b) or are responsible for the violation.
(1)How Initiated.
(A)By Motion. A motion for sanctions under this rule shall be made separately from other motions or requests and shall describe the specific conduct alleged to violate §15-6-11(b). It shall be served as provided in §15-6-5, but shall not be filed with or presented to the court unless, within twenty-one days after service of the motion (or such other period as the court may prescribe), the challenged paper, claim, defense, contention, allegation, or denial is not withdrawn or appropriately corrected. If warranted, the court may award to the party prevailing on the motion the reasonable expenses and attorney's fees incurred in presenting or opposing the motion. Absent exceptional circumstances, a law firm shall be held jointly responsible for violations committed by its partners, associates, and employees.
(B)On Court's Initiative. On its own initiative, the court may enter an order describing the specific conduct that appears to violate §15-6-11(b) and directing an attorney, law firm, or party to show cause why it has not violated §15-6-11(b) with respect thereto.
(2)Nature of Sanctions; Limitations. A sanction imposed for violation of this rule shall be limited to what is sufficient to deter repetition of such conduct or comparable conduct by others similarly situated. Subject to the limitations in subparagraphs (A) and (B), the sanction may consist of, or include, directives of a nonmonetary nature, an order to pay a penalty into court, or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of some or all of the reasonable attorneys' fees and other expenses incurred as a direct result of the violation.
(A)Monetary sanctions may not be awarded against a represented party for a violation of §15-6-11(b)(2).
(B)Monetary sanctions may not be awarded on the court's initiative unless the court issues its order to show cause before a voluntary dismissal or settlement of the claims made by or against the party which is, or whose attorneys are, to be sanctioned.
(3)Order. When imposing sanctions, the court shall describe the conduct determined to constitute a violation of this rule and explain the basis for the sanction imposed.
Source:
SDC 1939 & Supp 1960, §33.0909; SD RCP, Rule 11, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1986, ch 160, §1; SL 2006, ch 281 (Supreme Court Rule 06-07), eff. July 1, 2006.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-11(d) - Inapplicability to discovery.

15-6-11(d). Inapplicability to discovery.
Sections 15-6-11(a) through 15-6-11(c) do not apply to disclosures and discovery requests, responses, objections, and motions that are subject to the provisions of §§15-6-26 through 15-6-37.
Source:
SDC 1939 & Supp 1960, §33.0909; SD RCP, Rule 11, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1986, ch 160, §1; SL 2006, ch 282 (Supreme Court Rule 06-08), eff. July 1, 2006.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-11(e) - Appeal to Supreme Court--Award of attorneys' fees and costs on appeal.

15-6-11(e). Appeal to Supreme Court--Award of attorneys' fees and costs on appeal.
The Supreme Court shall consider all appeals pursuant to §§15-6-11(a) through 15-6-11(d) without any presumption of the correctness of the trial court's findings of fact and conclusions of law. Reasonable attorneys' fees and costs shall be awarded to the successful party on appeal.
Source:
SL 2006, ch 283 (Supreme Court Rule 06-09), eff. July 1, 2006.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-12(a) - Time for presenting defenses and objections.

15-6-12(a). Time for presenting defenses and objections.
A defendant shall serve the answer within thirty days after the service of the complaint upon defendant, except when otherwise provided by statute or rule. A party served with a pleading stating a cross-claim shall serve an answer within twenty days after the service. The plaintiff shall serve a reply to a counterclaim in the answer within twenty days after service of the answer or, if a reply is ordered by the court, within twenty days after service of the order, unless the order otherwise directs. The service of a motion permitted under §15-6-12 alters these periods of time as follows, unless a different time is fixed by order of the court:
(1)If the court denies the motion or postpones its disposition until the trial on the merits, the responsive pleading shall be served within ten days after notice of the court's action;
(2)If the court grants a motion for a more definite statement, the responsive pleading shall be served within ten days after the service of the more definite statement;
(3)If an appeal is taken from an order sustaining a motion to dismiss and such order is thereafter reversed, the responsive pleading shall be served within twenty days after the judgment or order of reversal is filed in the trial court.
Source:
SDC 1939 & Supp 1960, §33.0907; SD RCP, Rule 12 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 2006, ch 284 (Supreme Court Rule 06-10), eff. July 1, 2006.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-12(b) - Manner of presenting defenses and objections.

15-6-12(b). Manner of presenting defenses and objections.
Every defense, in law or fact, to a claim for relief in any pleading, whether a claim, counterclaim, cross-claim, or third-party claim, shall be asserted in the responsive pleading thereto if one is required, except that the following defenses may at the option of the pleader be made by motion:
(1)Lack of jurisdiction over the subject matter;
(2)Lack of jurisdiction over the person;
(3)Insufficiency of process;
(4)Insufficiency of service of process;
(5)Failure to state a claim upon which relief can be granted;
(6)Failure to join a party under §15-6-19.
A motion making any of these defenses shall be made before pleading if a further pleading is permitted. No defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or motion. If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the party may assert at the trial any defense in law or fact to that claim for relief. If, on a motion asserting the defense numbered (5) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in §15-6-56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by §15-6-56.
Source:
SDC 1939 & Supp 1960, §33.1002; SD RCP, Rule 12 (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 285 (Supreme Court Rule 06-11), eff. July 1, 2006.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-12(c) - Motion for judgment on the pleadings.

15-6-12(c). Motion for judgment on the pleadings.
After the pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the pleadings. If, on a motion for judgment on the pleadings, matters outside the pleadings are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in §15-6-56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by §15-6-56.
Source:
SDC 1939 & Supp 1960, §33.1002; SD RCP, Rule 12 (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 15-6-12(d) - Preliminary hearings.

15-6-12(d). Preliminary hearings.
The defenses specifically enumerated in subdivisions 15-6-12(b)(1) to (6), whether made in a pleading or by motion, and the motion for judgment mentioned in §15-6-12(c) shall be heard and determined before trial on application of any party, unless the court orders that the hearing and determination thereof be deferred until the trial.
Source:
SDC 1939 & Supp 1960, §33.1002; SD RCP, Rule 12 (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 15-6-12(e) - Motion for more definite statement.

15-6-12(e). Motion for more definite statement.
If a pleading to which a responsive pleading is permitted is so vague or ambiguous that a party cannot reasonably be required to frame a responsive pleading, the party may move for a more definite statement before interposing his responsive pleading. The motion shall point out the defects complained of and the details desired. If the motion is granted and the order of the court is not obeyed within ten days after notice of the order or within such other time as the court may fix, the court may strike the pleading to which the motion was directed or make such order as it deems just.
Source:
SDC 1939 & Supp 1960, §33.1002; SD RCP, Rule 12 (e), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 2006, ch 286 (Supreme Court Rule 06-12), eff. July 1, 2006.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-12(f) - Motion to strike.

15-6-12(f). Motion to strike.
Upon motion made by a party before responding to a pleading or, if no responsive pleading is permitted by these rules, upon motion made by a party within twenty days after the service of the pleading upon him or upon the court's own initiative at any time, the court may order stricken from any pleading any insufficient defense or any redundant, immaterial, impertinent, or scandalous matter.
Source:
SDC 1939 & Supp 1960, §33.1002; SD RCP, Rule 12 (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 15-6-12(g) - Consolidation of defenses in motion.

15-6-12(g). Consolidation of defenses in motion.
A party who makes a motion under §15-6-12 may join with it any other motions herein provided for and then available to him. If a party makes a motion under §15-6-12 but omits therefrom any defense or objection then available to him which §15-6-12 permits to be raised by motion, he shall not thereafter make a motion based on the defense or objection so omitted, except a motion as provided in subdivision 15-6-12(h)(2) on any of the grounds there stated.
Source:
SDC 1939 & Supp 1960, §33.1002; SD RCP, Rule 12 (g), 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 15-6-12(h) - Waiver or preservation of certain defenses.

15-6-12(h). Waiver or preservation of certain defenses.
(1)A defense of lack of jurisdiction over the person, insufficiency of process, or insufficiency of service of process is waived (A) if omitted from a motion in the circumstances described in §15-6-12(g), or (B) if it is neither made by motion under §15-6-12 nor included in a responsive pleading or an amendment thereof permitted by §15-6-15(a) to be made as a matter of course.
(2)A defense of failure to state a claim upon which relief can be granted, a defense of failure to join a party indispensable under §15-6-19, and an objection of failure to state a legal defense to a claim may be made in any pleading permitted or ordered under §15-6-7(a), or by motion for judgment on the pleadings, or at the trial on the merits.
(3)Whenever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter, the court shall dismiss the action.
Source:
SDC 1939 & Supp 1960, §33.1002; SD RCP, Rule 12 (h), 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 15-6-13(a) - Compulsory counterclaims.

15-6-13(a). Compulsory counterclaims.
A pleading shall state as a counterclaim any claim which at the time of serving the pleading the pleader has against any opposing party, if it arises out of the transaction or occurrence that is the subject matter of the opposing party's claim and does not require for its adjudication the presence of third parties of whom the court cannot acquire jurisdiction. But the pleader need not state the claim if:
(1)At the time the action was commenced the claim was the subject of another pending action; or
(2)The opposing party brought suit upon his claim by attachment or other process by which the court did not acquire jurisdiction to render a personal judgment on that claim, and the pleader is not stating any counterclaim under §15-6-13; or
(3)If the claim is not one over which the court would have jurisdiction if brought as an original action.
Source:
SDC 1939 & Supp 1960, §33.0911; SD RCP, Rule 13 (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 15-6-13(b) - Permissive counterclaims.

15-6-13(b). Permissive counterclaims.
A pleading may state as a counterclaim any claim against an opposing party not arising out of the transaction or occurrence that is the subject matter of the opposing party's claim.
Source:
SDC 1939 & Supp 1960, §33.0911; SD RCP, Rule 13 (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 15-6-13(c) - Counterclaim exceeding opposing claim.

15-6-13(c). Counterclaim exceeding opposing claim.
A counterclaim may or may not diminish or defeat the recovery sought by the opposing party. It may claim relief exceeding in amount or different in kind from that sought in the pleading of the opposing party.
Source:
SD RCP, Rule 13 (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 15-6-13(d) - Counterclaim against the State of South Dakota.

15-6-13(d). Counterclaim against the State of South Dakota.
This chapter shall not be construed to enlarge beyond the limits now fixed by law the right to assert counterclaims or to claim credits against the State of South Dakota or an officer or agency thereof.
Source:
SD RCP, Rule 13 (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 15-6-13(e) - Counterclaim maturing or acquired after pleading.

15-6-13(e). Counterclaim maturing or acquired after pleading.
A claim which either matured or was acquired by the pleader after serving his pleading may, with the permission of the court, be presented as a counterclaim by a supplemental pleading.
Source:
SD RCP, Rule 13 (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 15-6-13(g) - Cross-claim against co-party.

15-6-13(g). Cross-claim against co-party.
A pleading may state as a cross-claim any claim by one party against a co-party arising out of the transaction or occurrence that is the subject matter either of the original action or of a counterclaim therein or relating to any property that is the subject matter of the original action. Such cross-claim may include a claim that the party against whom it is asserted is or may be liable to the cross-claimant for all or part of a claim asserted in the action against the cross-claimant.
Source:
SDC 1939 & Supp 1960, §33.0912; SD RCP, Rule 13 (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 15-6-13(h) - Joinder of additional parties.

15-6-13(h). Joinder of additional parties.
Persons other than those made parties to the original action may be made parties to a counterclaim or cross-claim in accordance with the provisions of §§15-6-19 and 15-6-20.
Source:
SD RCP, Rule 13 (h), 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 15-6-13(i) - Separate trials--Separate judgments.

15-6-13(i). Separate trials--Separate judgments.
If the court orders separate trials as provided in §15-6-42(b) judgment on counterclaim or cross-claim may be rendered in accordance with the terms of §15-6-54(b), when the court has jurisdiction so to do, even if the claims of the opposing parties have been dismissed or otherwise disposed of.
Source:
SD RCP, Rule 13 (i), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 76-3, §1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-14(a) - When defendant may bring in third party.

15-6-14(a). When defendant may bring in third party.
At any time after commencement of the action a defending party, as a third-party plaintiff, may cause a summons and complaint to be served upon a person not a party to the action who is or may be liable to him for all or part of the plaintiff's claim against him. The third-party plaintiff need not obtain leave to make the service if he serves the third-party complaint not later than ten days after he serves his original answer. Otherwise he must obtain leave on motion upon notice to all parties to the action. The person served with the summons and third-party complaint, hereinafter called the third-party defendant, shall make his defenses to the third-party plaintiff's claim as provided in §15-6-12 and his counterclaims against the third-party plaintiff and cross-claims against other third-party defendants as provided in §15-6-13. The third-party defendant may assert against the plaintiff any defenses which the third-party plaintiff has to the plaintiff's claim. The third-party defendant may also assert any claim against the plaintiff arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff. The plaintiff may assert any claim against the third-party defendant arising out of the transaction or occurrence that is the subject matter of the plaintiff's claim against the third-party plaintiff, and the third-party defendant thereupon shall assert his defenses as provided in §15-6-12 and his counterclaims and cross-claims as provided in §15-6-13. Any party may move to strike the third-party claim, or for its severance or separate trial. A third-party defendant may proceed under §15-6-14 against any person not a party to the action who is or may be liable to him for all or part of the claim made in the action against the third-party defendant. The court may render such judgments, one or more in number, as may be suitable. As among joint tort-feasors against whom a judgment has been entered in a single action, the provisions of §15-8-15 apply only if the issue of proportionate fault is litigated between them by cross-claim, counterclaim, or third-party claim in that action.
Source:
SL 1945, ch 167, §7; SDC Supp 1960, §33.04A08; SD RCP, Rule 14 (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 1976, ch 147.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-14(b) - When plaintiff may bring in third party.

15-6-14(b). When plaintiff may bring in third party.
When a counterclaim is asserted against a plaintiff, he may cause a third party to be brought in under circumstances which under §15-6-14(a) would entitle a defendant to do so.
Source:
SL 1945, ch 167, §7; SDC Supp 1960, §33.04A08; SD RCP, Rule 14 (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 15-6-15(a) - Amendments to pleadings.

15-6-15(a). Amendments to pleadings.
A party may amend his pleading once as a matter of course at any time before a responsive pleading is served or, if the pleading is one to which no responsive pleading is permitted and the action has neither been placed upon the trial calendar, nor an order made setting a date for trial, he may so amend it at any time within twenty days after it is served. Otherwise a party may amend his pleading only by leave of court or by written consent of the adverse party; and leave shall be freely given when justice so requires. A party shall plead in response to an amended pleading within the time remaining for response to the original pleading or within ten days after service of the amended pleading, whichever period may be the longer, unless the court otherwise orders.
Source:
SDC 1939 & Supp 1960, §33.0914; SD RCP, Rule 15 (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 15-6-15(b) - Amendments to conform to the evidence.

15-6-15(b). Amendments to conform to the evidence.
When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings as may be necessary to cause them to conform to the evidence and to raise these issues may be made upon motion of any party at any time, even after judgment; but failure so to amend does not affect the result of the trial of these issues. If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings, the court may allow the pleadings to be amended and shall do so freely when the presentation of the merits of the action will be subserved thereby and the objecting party fails to satisfy the court that the admission of such evidence would prejudice him in maintaining his action or defense upon the merits. The court may grant a continuance to enable the objecting party to meet such evidence.
Source:
SDC 1939 & Supp 1960, §33.0914; SD RCP, Rule 15 (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 15-6-15(c) - Relation back of amendments to pleadings.

15-6-15(c). Relation back of amendments to pleadings.
Whenever the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading. An amendment changing the party against whom a claim is asserted relates back if the foregoing provision is satisfied and, within the period provided by law for commencing the action against him, the party to be brought in by amendment:
(1)Has received such notice of the institution of the action that he will not be prejudiced in maintaining his defense on the merits; and
(2)Knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against him.
Source:
SD RCP, Rule 15 (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 15-6-15(d) - Supplemental pleadings.

15-6-15(d). Supplemental pleadings.
Upon motion of a party the court may, upon reasonable notice and upon such terms as are just, permit him to serve a supplemental pleading setting forth transactions or occurrences or events which have happened since the date of the pleading sought to be supplemented. Permission may be granted even though the original pleading is defective in its statement of a claim for relief or defense. If the court deems it advisable that the adverse party plead to the supplemental pleading, it shall so order, specifying the time therefor.
Source:
SDC 1939 & Supp 1960, §33.0913; SD RCP, Rule 15 (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 15-6-16 - Pretrial procedure--Formulating issues.

15-6-16. Pretrial procedure--Formulating issues.
Prior to the trial of any action, the court, either on its own motion or the motion of any party, shall, after consulting with the attorneys for the parties and any unrepresented parties, enter a scheduling order that limits the time:
(1)To join other parties and to amend the pleadings;
(2)To file and hear motions;
(3)To complete discovery;
(4)The date or dates for conference before trial, final pretrial conference and trial;
(5)Any other matters appropriate to the circumstances of the case.
A schedule shall not be modified except by leave of the judge upon a showing of good cause.
Source:
SDC 1939 & Supp 1960, §33.1003; SD RCP, Rule 16, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 80-15; SL 1993, ch 384 (Supreme Court Rule 93-1).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-17(a) - Real party in interest.

15-6-17(a). Real party in interest.
Every action shall be prosecuted in the name of the real party in interest. A personal representative, guardian, conservator, bailee, trustee of an express trust, a party with whom or in whose name a contract has been made for the benefit of another, or a party authorized by statute may sue in his own name without joining with him the party for whose benefit the action is brought; and when a statute of the state so provides, an action for the use or benefit of another shall be brought in the name of the state. No action shall be dismissed on the ground that it is not prosecuted in the name of the real party in interest until a reasonable time has been allowed after objection for ratification of commencement of the action by, or joinder or substitution of, the real party in interest; and such ratification, joinder, or substitution shall have the same effect as if the action had been commenced in the name of the real party in interest.
Source:
SDC 1939 & Supp 1960, §33.0402; SD RCP, Rule 17 (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 1993, ch 213, §88.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-17(b) - Capacity to sue or be sued.

15-6-17(b). Capacity to sue or be sued.
When two or more persons associated in any business, transact such business under a common name, whether it comprises the names of such persons or not, the associates may sue or be sued by such common name, the summons in such cases being served on one or more of the associates. The judgment in the action shall bind the joint property of all the associates, and the individual property of the party or parties served with process, in the same manner as if all had been named defendants and had been sued upon their joint liability.
Source:
SDC 1939 & Supp 1960, §33.0408; SD RCP, Rule 17 (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 15-6-17(c) - Representation of minors or incompetent persons.

15-6-17(c). Representation of minors or incompetent persons.
Whenever a minor or incompetent person has a guardian or conservator, such guardian or conservator may sue or defend on behalf of the minor or incompetent person. If the minor or incompetent person does not have a guardian or conservator, he may sue by a guardian ad litem. The court shall appoint a guardian ad litem for a minor or incompetent person not otherwise represented in an action or shall make such other order as it deems proper for the protection of the minor or incompetent person and may make such appointment notwithstanding an appearance by a guardian or conservator. Unless the court otherwise orders, no guardian ad litem shall be permitted to receive any money or other property of his ward except costs and expenses allowed to such guardian ad litem by the court or recovered by the ward in the action until such guardian ad litem has given sufficient security approved by the court to account for and apply such money or property under direction of the court. Such guardian ad litem may with the approval of the court settle or compromise in behalf of his ward, the case in which he is appearing and any judgment entered therein.
Source:
SDC 1939 & Supp 1960, §§33.0405 to 33.0407; SD RCP, Rule 17 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1993, ch 213, §89.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-18(a) - Joinder of claims.

15-6-18(a). Joinder of claims.
A party asserting a claim to relief as an original claim, counterclaim, cross-claim, or third-party claim, may join either as independent or as alternate claims, as many claims, legal or equitable, as he has against an opposing party.
Source:
SDC 1939 & Supp 1960, §33.0916; SD RCP, Rule 18 (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.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-18(b) - Joinder of remedies--Fraudulent conveyances.

15-6-18(b). Joinder of remedies--Fraudulent conveyances.
Whenever a claim is one heretofore cognizable only after another claim has been prosecuted to a conclusion, the two claims may be joined in a single action; but the court shall grant relief in that action only in accordance with the relative substantive rights of the parties. In particular, a plaintiff may state a claim for money and a claim to have set aside a conveyance fraudulent as to him, without first having obtained a judgment establishing the claim for money.
Source:
SD RCP, Rule 18 (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 15-6-19(a) - Persons to be joined if feasible.

15-6-19(a). Persons to be joined if feasible.
A person who is subject to service of process shall be joined as a party in the action if:
(1)In his absence complete relief cannot be accorded among those already parties; or
(2)He claims an interest relating to the subject of the action and is so situated that the disposition of the action in his absence may (i) as a practical matter impair or impede his ability to protect that interest or (ii) leave any of the persons already parties subject to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of his claimed interest. If he has not been so joined, the court shall order that he be made a party. If he should join as a plaintiff but refuses to do so, he may be made a defendant, or, in a proper case, an involuntary plaintiff. If the joined party objects to venue and his joinder would render the venue of the action improper, he shall be dismissed from the action.
Source:
SDC 1939 & Supp 1960, §33.0410; SD RCP, Rule 19 (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.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-19(b) - Determination by court whenever joinder not feasible.

15-6-19(b). Determination by court whenever joinder not feasible.
If a person as described in subdivisions 15-6-19(a)(1) and (2) cannot be made a party, the court shall determine whether in equity and good conscience the action should proceed among the parties before it, or should be dismissed, the absent person being thus regarded as indispensable. The factors to be considered by the court include: first, to what extent a judgment rendered in the person's absence might be prejudicial to him or those already parties; second, the extent to which, by protective provisions in the judgment, by the shaping of relief, or other measures, the prejudice can be lessened or avoided; third, whether a judgment rendered in the person's absence will be adequate; fourth, whether the plaintiff will have an adequate remedy if the action is dismissed for nonjoinder.
Source:
SD RCP, Rule 19 (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 15-6-19(c) - Pleading reasons for nonjoinder.

15-6-19(c). Pleading reasons for nonjoinder.
A pleading asserting a claim for relief shall state the names, if known to the pleader, of any persons as described in subdivisions 15-6-19(a)(1) and (2) who are not joined and the reasons why they are not joined.
Source:
SD RCP, Rule 19 (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 15-6-19(d) - Exception of class actions.

15-6-19(d). Exception of class actions.
Section 15-6-19 is subject to the provisions of §15-6-23.
Source:
SD RCP, Rule 19 (d), 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 15-6-20(a) - Permissive joinder.

15-6-20(a). Permissive joinder.
All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all these persons will arise in the action. All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all defendants will arise in the action. A plaintiff or defendant need not be interested in obtaining or defending against all the relief demanded. Judgment may be given for one or more of the plaintiffs according to their respective rights to relief, and against one or more defendants according to their respective liabilities.
Source:
SDC 1939 & Supp 1960, §33.0409; SD RCP, Rule 20 (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.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-20(b) - Separate trials.

15-6-20(b). Separate trials.
The court may make such orders as will prevent a party from being embarrassed, delayed, or put to expense by the inclusion of a party against whom he asserts no claim and who asserts no claim against him, and may order separate trials or make other orders to prevent delay or prejudice.
Source:
SDC 1939 & Supp 1960, §33.1305; SD RCP, Rule 20 (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 15-6-21 - Misjoinder and nonjoinder of parties.

15-6-21. Misjoinder and nonjoinder of parties.
Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded with separately.
Source:
SDC 1939 & Supp 1960, §33.0411; SD RCP, Rule 21, 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 15-6-22 - Interpleader.

15-6-22. Interpleader.
Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability. It is not ground for objection to the joinder that the claims of the several claimants or the titles on which their claims depend do not have a common origin or are not identical but are adverse to and independent of one another, or that the plaintiff avers that he is not liable in whole or in part to any or all of the claimants. A defendant exposed to similar liability may obtain such interpleader by way of cross-claim or counterclaim. The provisions of this section supplement and do not in any way limit the joinder of parties permitted in §15-6-20.
Source:
SDC 1939 & Supp 1960, §33.0412; SD RCP, Rule 22, 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 15-6-23.1 - Derivative actions by unincorporated associations.

15-6-23.1. Derivative actions by unincorporated associations.
In a derivative action brought by one or more members to enforce a right of an unincorporated association, the association having failed to enforce a right which may properly be asserted by it, the complaint shall be verified and shall allege
(1)That the plaintiff was a member at the time of the transaction of which he complains or that his membership thereafter devolved on him by operation of law, and
(2)That the action is not a collusive one to confer jurisdiction on a court of the state which it would not otherwise have.
The complaint shall also allege with particularity the efforts, if any, made by the plaintiff to obtain the action he desires from the directors or comparable authority and, if necessary, from the members, and the reasons for his failure to obtain the action or for not making the effort. The derivative action may not be maintained if it appears that the plaintiff does not fairly and adequately represent the interests of the members similarly situated in enforcing the right of the association. The action shall not be dismissed or compromised without the approval of the court, and notice of the proposed dismissal or compromise shall be given to members in such manner as the court directs.
Source:
SD RCP, Rule 23(b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SDCL, §15-6-23(b); SD RCP, Rule 23.1, as added by Sup. Ct. Order No. 2, March 31, 1969, effective July 1, 1969; SL 2006, ch 287 (Supreme Court Rule 06-13), eff. July 1, 2006.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-23.2 - Actions relating to unincorporated associations.

15-6-23.2. Actions relating to unincorporated associations.
An action brought by or against the members of an unincorporated association as a class by naming certain members as representative parties may be maintained only if it appears that the representative parties will fairly and adequately protect the interests of the association and its members. In the conduct of the action the court may make appropriate orders corresponding with those described in §15-6-23(d), and the procedure for dismissal or compromise of the action shall correspond with that provided in §15-6-23(e).
Source:
SD RCP, Rule 23.2, 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 15-6-23(a) - Prerequisites to a class action.

15-6-23(a). Prerequisites to a class action.
One or more members of a class may sue or be sued as representative parties on behalf of all only if:
(1)The class is so numerous that joinder of all members is impracticable;
(2)There are questions of law or fact common to the class;
(3)The claims or defenses of the representative parties are typical of the claims or defenses of the class;
(4)The representative parties will fairly and adequately protect the interests of the class; and
(5)The suit is not against this state for the recovery of a tax imposed by chapter 10-39, 10-39A, 10-43, 10-44, 10-45, 10-46, 10-46A, 10-46B, or 10-52.
Source:
SDC 1939 & Supp 1960, §33.0410; SD RCP, Rule 23 (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 1982, ch 99, §9; SL 1985, ch 15, §31.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-23(b) - Class actions maintainable.

15-6-23(b). Class actions maintainable.
An action may be maintained as a class action if the prerequisites of §15-6-23(a) are satisfied, and in addition:
(1)The prosecution of separate actions by or against individual members of the class would create a risk of:
(A)Inconsistent or varying adjudications with respect to individual members of the class which would establish incompatible standards of conduct for the party opposing the class; or
(B)Adjudications with respect to individual members of the class which would as a practical matter be dispositive of the interests of the other members not parties to the adjudications or substantially impair or impede their ability to protect their interests; or
(2)The party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate permanent injunctive relief or corresponding declaratory relief with respect to the class as a whole; or
(3)The court finds that the questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and that a class action is superior to other available methods for the fair and efficient adjudication of the controversy. The matters pertinent to the findings include:
(A)The interest of members of the class in individually controlling the prosecution or defense of separate actions;
(B)The extent and nature of any litigation concerning the controversy already commenced by or against members of the class;
(C)The desirability or undesirability of concentrating the litigation of the claims in the particular forum;
(D)The difficulties likely to be encountered in the management of a class action.
Source:
SD RCP, Rule 23 (b), as adopted by Sup. Ct. Order No. 2, March 31, 1969, effective July 1, 1969; SL 1978, ch 155, §1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-23(c) - Determination by order whether class action to be maintained--Notice--Judgment--Actions conducted partially as class actions.

15-6-23(c). Determination by order whether class action to be maintained--Notice--Judgment--Actions conducted partially as class actions.
(1)As soon as practicable after the commencement of an action brought as a class action, the court shall determine by order whether it is to be so maintained. An order under this section may be conditional, and may be altered or amended before the decision on the merits.
(2)In any class action maintained under subdivision 15-6-23(b)(3), the court shall direct to the members of the class the best notice practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort. The notice shall advise each member that (A) the court will exclude him from the class if he so requests by a specified date; (B) the judgment, whether favorable or not, will include all members who do not request exclusion; and (C) any member who does not request exclusion may, if he desires, enter an appearance through his counsel.
(3)The judgment in an action maintained as a class action under subdivision 15-6-23(b)(1) or (2), whether or not favorable to the class, shall include and describe those whom the court finds to be members of the class. The judgment in an action maintained as a class action under subdivision 15-6-23(b)(3), whether or not favorable to the class, shall include and specify or describe those to whom the notice provided in subdivision (2) of this section was directed, and who have not requested exclusion, and whom the court finds to be members of the class.
(4)When appropriate (A) an action may be brought or maintained as a class action with respect to particular issues, or (B) a class may be divided into subclasses and each subclass treated as a class, and the provisions of §15-6-23 shall then be construed and applied accordingly.
Source:
SD RCP, Rule 23 (c), as adopted by Sup. Ct. Order No. 2, March 31, 1969, effective July 1, 1969.