reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 19 - Execution Sales › Section 15-19-21 - Exceptions to sale of real property--Service and determination.

15-19-21. Exceptions to sale of real property--Service and determination.
At any time within ten days after such return has been filed, any party interested may file exceptions to such sale, and serve same upon purchaser, and they shall thereupon be determined by the court either upon motion to confirm such sale, or to set it aside.
Source:
SDC 1939 & Supp 1960, §33.2012.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 19 - Execution Sales › Section 15-19-22 - Confirmation of sale of real property--Recitals in court order.

15-19-22. Confirmation of sale of real property--Recitals in court order.
If no exceptions be filed as aforesaid upon the certificate of the clerk to that effect, the report may be presented to the court for confirmation ex parte, and if the court shall, after having carefully examined the proceedings of the officer, be satisfied that the sale has, in all respects, been made in conformity to the provisions of this code, the court must make an order confirming the sale, which shall recite that the court is satisfied of the legality of such sale and shall direct that the officer make to the purchaser a deed of such real property, or interest therein, at the expiration of the period of redemption, unless the same be redeemed as herein provided.
Source:
SDC 1939 & Supp 1960, §33.2013.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 19 - Execution Sales › Section 15-19-23 - Time allowed for redemption from sale of real property--Foreclosure provisions unaffected.

15-19-23. Time allowed for redemption from sale of real property--Foreclosure provisions unaffected.
If no redemption be made within one year after the sale, the purchaser or his assignee is entitled to a conveyance; or, if so redeemed, whenever sixty days have lapsed and no other redemption has been made, and notice thereof given, and the time for redemption has expired, the last redemptioner, or his assignee, is entitled to a sheriff's deed; but in all cases the judgment debtor shall have the entire period of one year from the date of the sale to redeem the property.
This section shall not affect the provisions of law relating to the postponement of the period of redemption in foreclosure cases.
Source:
SDC 1939 & Supp 1960, §33.2201.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 19 - Execution Sales › Section 15-19-24 - Sheriff's deed to real property sold.

15-19-24. Sheriff's deed to real property sold.
Upon the expiration of the period for redemption, the sheriff or other officer who made the sale, his successor, or some other person appointed by the court for that purpose, must make the purchaser, or the party entitled thereto, a deed of the real property sold.
Source:
SDC 1939 & Supp 1960, §33.2202.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 19 - Execution Sales › Section 15-19-25 - Contents, execution, and recording of sheriff's deed.

15-19-25. Contents, execution, and recording of sheriff's deed.
A sheriff's deed must recite the execution or executions, or the substance thereof, and the names of the parties, the amount and date of rendition of the judgment by virtue whereof such real property was sold, and must be executed, acknowledged, or proved, and recorded as other conveyances of real property.
Source:
SDC 1939 & Supp 1960, §33.2203.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 19 - Execution Sales › Section 15-19-26 - Sheriff's deed as evidence of legality of proceedings--Title vested in grantee.

15-19-26. Sheriff's deed as evidence of legality of proceedings--Title vested in grantee.
The sheriff's deed shall be sufficient evidence of the legality of such sale and the proceedings therein, until the contrary is proved, and shall vest in the purchaser, or other party as aforesaid, as good and as perfect title in the premises therein described as was vested in the debtor at or after the time when such real property became liable to the satisfaction of the judgment.
Source:
SDC 1939 & Supp 1960, §33.2202.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 19 - Execution Sales › Section 15-19-27 - Purchaser's recovery of damages for injury to real property after sale and before possession delivered.

15-19-27. Purchaser's recovery of damages for injury to real property after sale and before possession delivered.
When real property has been sold on execution, the purchasers thereof, or any person who may have succeeded to his interest, may, after his estate becomes absolute, recover damages for injury to the property by the tenant in possession after sale, and before possession is delivered under the conveyance.
Source:
SDC 1939 & Supp 1960, §37.1521.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 19 - Execution Sales › Section 15-19-28 - Demand by officer making sale of advance payment of publication fees.

15-19-28. Demand by officer making sale of advance payment of publication fees.
The officer who levies upon property, or who is charged with the duty of selling the same by virtue of any writ of execution, may refuse to publish a notice of the sale thereof by advertisement in a newspaper until the party for whose benefit such execution is issued, his agent or attorney, shall advance to such officer so much money as will be sufficient to discharge the fees of the printer for publishing such notice. Before any officer shall be excused from publishing the notice as aforesaid, he must demand of the party for whose benefit the execution was issued, his agent or attorney, provided either of them reside in the county, the amount of money for such fees.
Source:
SDC 1939 & Supp 1960, §33.2017.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 19 - Execution Sales › Section 15-19-31 - Adjournment of sales to following day.

15-19-31. Adjournment of sales to following day.
Whenever any sale has commenced at the time and place specified in the notice therefor and because of the amount of property to be sold or other events beyond the control of the officer conducting it, the sale cannot be completed on that day, it may be adjourned to any of the hours within which such sales may be made on the next succeeding business day by announcement of the officer at the time such adjournment is made.
Source:
SDC 1939 & Supp 1960, §33.2014.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 19 - Execution Sales › Section 15-19-32 - Postponement of sale by sheriff.

15-19-32. Postponement of sale by sheriff.
When there are no bidders or when the amount offered is grossly inadequate, or when from any cause the sale is prevented from taking place on the day fixed, the sheriff may postpone the sale for not more than three days without being required to give any further notice thereof, but he shall not make more than two such postponements, and such postponement must be publicly announced when and where the sale should have taken place.
Source:
SDC 1939 & Supp 1960, §33.2014.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 19 - Execution Sales › Section 15-19-33 - Officers not to purchase at sale.

15-19-33. Officers not to purchase at sale.
No public officer nor officer of the court, nor any deputy of such, may be a purchaser at any execution sale held under his order or direction.
Source:
SDC 1939 & Supp 1960, §33.2015.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 19 - Execution Sales › Section 15-19-34 - Termination of sale when sufficient money raised.

15-19-34. Termination of sale when sufficient money raised.
When sufficient property has been sold to satisfy any judgment or execution and the accrued costs of sale, no more property shall be sold, but this shall not affect the sale of property in single items of personal property or farms, tracts, or lots of real property as in this code provided, when the highest bid for such entire item, farm, tract, or lot shall exceed such total due, but in all such cases, the surplus shall be accounted for as in this code provided.
Source:
SDC 1939 & Supp 1960, §33.2015.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 19 - Execution Sales › Section 15-19-35 - Application of proceeds of sale.

15-19-35. Application of proceeds of sale.
Every officer or person who conducts an execution sale shall apply the proceeds of such sale:
(1)To the payment of the costs and expenses of the sale, including any actual out-of-pocket expenses and reasonable costs incurred by a sheriff;
(2)To the satisfaction of the execution under which the sale is made;
(3)To the satisfaction of any other execution in the officer's or person's hands, to which such proceeds may be lawfully applied;
(4)To pay the surplus, if any, to the defendant, or into court for the use of the defendant or the person entitled thereto, subject to the order of the court. If such surplus or any part thereof remains in the court for the term of three months without being applied for, the court may direct the same to be put out at interest for the benefit of the defendant, the defendant's representatives, or assigns, subject to the order of the court.
Source:
SDC 1939 & Supp 1960, §33.2016; SL 2007, ch 129, §2.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 19 - Execution Sales › Section 15-19-36 - Cancellation or endorsement of instrument on which judgment based--Attachment to return of execution.

15-19-36. Cancellation or endorsement of instrument on which judgment based--Attachment to return of execution.
When the proceeds are sufficient to discharge the entire judgment, including costs and disbursements, the officer or the person making the sale, or the clerk of the court, shall cancel the note or other evidence of the debt upon which the judgment is founded, by a plain and legible notation on the face thereof, and such note or other evidence shall be attached to and filed with the return upon the execution; when the proceeds are insufficient for that purpose, the amount applied on the debt shall be endorsed on such note or other evidence, with the date of the application, by the officer or person making the sale, or by the clerk of the court, and such note or other evidence, so endorsed, shall be attached to and made a part of the return on the execution, but the officer or person making such sale may retain the proceeds thereof until after the sale shall have been confirmed, as provided in §15-19-22.
Source:
SDC 1939 & Supp 1960, §33.2016.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 20 - Proceedings Supplementary To Execution › Section 15-20-1 - Order to judgment debtor to appear and answer after execution returned unsatisfied.

15-20-1. Order to judgment debtor to appear and answer after execution returned unsatisfied.
When an execution upon a judgment for twenty-five dollars or more, exclusive of costs and disbursements, against property of the judgment debtor, or of any one of several debtors in the same judgment, issued to the sheriff of the county where such debtor resides or has a place of business, or if he does not reside in this state or has no place of business therein, to the sheriff of the county where such judgment was obtained, is returned unsatisfied in whole or in part, the judgment creditor at any time after such return is entitled to an order from a judge of the circuit court within the county to which the execution was issued, requiring such judgment debtor to appear and answer concerning his property before such judge, within such county, at a time and place specified in the order.
Source:
SDC 1939 & Supp 1960, §33.2401.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 20 - Proceedings Supplementary To Execution › Section 15-20-2 - Order to judgment debtor to appear and answer on refusal to apply property to judgment.

15-20-2. Order to judgment debtor to appear and answer on refusal to apply property to judgment.
After the issuing of an execution against property and upon proof by affidavit of a party or otherwise to the satisfaction of the court or a judge thereof that any judgment debtor residing in the circuit where such judge resides has property which he unjustly refuses to apply to the satisfaction of the judgment, such court or judge may, by an order, require the judgment debtor to appear at a specified time and place to answer concerning the same; and such proceedings may thereupon be had for the application of the property of the judgment debtor to the satisfaction of the judgment as are provided upon a return of an execution.
Source:
SDC 1939 & Supp 1960, §33.2401.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 20 - Proceedings Supplementary To Execution › Section 15-20-3 - Procedure available against joint debtors not served with summons.

15-20-3. Procedure available against joint debtors not served with summons.
The procedure provided in this chapter may be taken upon the return of an execution unsatisfied issued upon a judgment recovered in an action against joint debtors in which some of the defendants have not been served with the summons by which said action was commenced so far as relates to the joint property of such debtors; and all actions by creditors to obtain satisfaction of judgments out of the property of joint debtors are maintainable in the same manner and to the same effect.
Source:
SDC 1939 & Supp 1960, §33.2403.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 20 - Proceedings Supplementary To Execution › Section 15-20-4 - Application of procedure to magistrate court judgments filed in circuit court.

15-20-4. Application of procedure to magistrate court judgments filed in circuit court.
The provisions of this chapter shall apply to judgments of magistrates' courts, transcripts of which have been filed in the circuit court, with the same force and effect as to judgments rendered by that court.
Source:
SDC 1939 & Supp 1960, §33.2409; SL 1974, ch 153, §14.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 20 - Proceedings Supplementary To Execution › Section 15-20-5 - Arrest to prevent absconding by judgment debtor--Undertaking required--Commitment in default of undertaking.

15-20-5. Arrest to prevent absconding by judgment debtor--Undertaking required--Commitment in default of undertaking.
Instead of the order requiring the attendance of the judgment debtor the judge may, upon proof by affidavit or otherwise to his satisfaction that there is danger of the debtor leaving the state or concealing himself and that there is reason to believe he has property which he unjustly refuses to apply to such judgment, issue a warrant requiring the sheriff of any county where such debtor may be to arrest him and bring him before such judge. Upon being brought before the judge he may be examined on oath and if it then appears that there is danger of the debtor leaving the state and that he has property which he unjustly refuses to apply to such judgment, he may be ordered to enter into an undertaking with one or more sureties that he will from time to time attend before the judge as he shall direct and that he will not, during the pendency of the proceeding dispose of any portion of his property not exempt from execution. In default of entering into such undertaking he may be committed to prison by warrant of the judge as for contempt.
Source:
SDC 1939 & Supp 1960, §33.2401.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 20 - Proceedings Supplementary To Execution › Section 15-20-6 - Appointment of referee.

15-20-6. Appointment of referee.
A referee may be appointed in the discretion of the judge upon stipulation of the parties or upon the initiative of the judge at any time.
Source:
SDC 1939 & Supp 1960, §33.2402.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 20 - Proceedings Supplementary To Execution › Section 15-20-7 - Attendance of witnesses required--Examination certified by referee.

15-20-7. Attendance of witnesses required--Examination certified by referee.
Witnesses may be required to appear and testify on any proceeding under this chapter, in the same manner as upon the trial of any issue. The party or witness may be required to attend before the judge or a referee appointed by the court or judge. If the examination is taken before a referee, it shall be certified by such referee to the judge.
Source:
SDC 1939 & Supp 1960, §§33.2401, 33.2402.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 20 - Proceedings Supplementary To Execution › Section 15-20-8 - Examination of witnesses and debtor on oath.

15-20-8. Examination of witnesses and debtor on oath.
On an examination under this chapter either party may examine witnesses on his behalf and the judgment debtor may be examined in the same manner as a witness. All examinations and answers under this chapter shall be on oath except that when a corporation answers, the answer shall be on the oath of an officer thereof, and when a limited liability company answers, the answer shall be on the oath of a manager, or member thereof if such limited liability company has no managers.
Source:
SDC 1939 & Supp 1960, §§33.2401, 33.2402; SL 1994, ch 351, §37.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 20 - Proceedings Supplementary To Execution › Section 15-20-9 - Self-incrimination not ground for refusing to answer--Immunity from prosecution.

15-20-9. Self-incrimination not ground for refusing to answer--Immunity from prosecution.
No person shall on examination pursuant to this chapter be excused from answering any question on the ground that his examination will tend to convict him of the commission of a fraud; but his answer shall not be used as evidence against him in any criminal proceeding or prosecution. Nor shall he be excused from answering any question on the ground that he has, before the examination, executed any conveyance, assignment, or transfer of his property for any purpose, but his answer shall not be used as evidence against him in any criminal proceeding or prosecution.
Source:
SDC 1939 & Supp 1960, §33.2401.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 20 - Proceedings Supplementary To Execution › Section 15-20-10 - Witness fees and disbursements allowed.

15-20-10. Witness fees and disbursements allowed.
The judge may allow to the judgment creditor or any party so examined whether a party to the action or not witness fees and disbursements.
Source:
SDC 1939 & Supp 1960, §33.2402.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 20 - Proceedings Supplementary To Execution › Section 15-20-11 - Concealment of assets or transfers as misdemeanor.

15-20-11. Concealment of assets or transfers as misdemeanor.
Every person who, having been called upon, by the lawful order of any court, to make a true exhibit of his real and personal effects, either:
(1)Intentionally conceals any of his estate or effects, or any books or writing relative thereto; or
(2)Intentionally fails to disclose to the court any debts or demands which he has collected, or any transfer of his property which he had made after being ordered to make an exhibit thereof;
is guilty of a Class 1 misdemeanor.
Source:
SDC 1939, §13.1221; SL 1984, ch 12, §3; SL 1985, ch 163.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 20 - Proceedings Supplementary To Execution › Section 15-20-12 - Court order applying property to satisfaction of judgment--Restriction on application of wages.

15-20-12. Court order applying property to satisfaction of judgment--Restriction on application of wages.
The judge may order any property of the judgment debtor not exempt from execution in the hands either of himself or any other person or due the judgment debtor to be applied to the satisfaction of the judgment; except that the earnings of the debtor for his personal services at any time within sixty days next preceding the order cannot be so applied when it is made to appear by the debtor's affidavit or otherwise that such earnings are necessary for the use of a family supported wholly or partly by his labor.
Source:
SDC 1939 & Supp 1960, §33.2404.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 20 - Proceedings Supplementary To Execution › Section 15-20-13 - Court order forbidding transfer of property.

15-20-13. Court order forbidding transfer of property.
The judge may also by order forbid a transfer or other disposition of the property of a judgment debtor not exempt from execution and any interference therewith.
Source:
SDC 1939 & Supp 1960, §33.2406.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 20 - Proceedings Supplementary To Execution › Section 15-20-14 - Appointment of receiver for debtor's property--Consolidation of proceedings--Control of receivership.

15-20-14. Appointment of receiver for debtor's property--Consolidation of proceedings--Control of receivership.
The judge may also by order appoint a receiver of the property of the judgment debtor in the same manner and with the same authority as if the appointment was made by the court according to chapter 21-21. But before the appointment of such receiver the judge shall ascertain, if practicable, by the oath of the party or otherwise, whether any other supplementary proceedings are pending against the judgment debtor, and if such proceedings are so pending, the plaintiff therein shall have notice to appear before him, and shall likewise have notice of all subsequent proceedings in relation to said receivership. No more than one receiver of the property of a judgment debtor shall be appointed. The receiver of the judgment debtor shall be subject to the direction and control of the court in which the judgment was obtained upon which the proceedings are founded.
Source:
SDC 1939 & Supp 1960, §§33.2406, 33.2407.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 20 - Proceedings Supplementary To Execution › Section 15-20-15 - Filing with clerk of order for appointment of receiver.

15-20-15. Filing with clerk of order for appointment of receiver.
An order for the appointment of a receiver of the property of a judgment debtor shall be filed in the office of the clerk of the court where the judgment was obtained. The clerk shall record the time of filing and docket the judgment in the judgment docket.
Source:
SDC 1939 & Supp 1960, §33.2407; SL 1983, ch 157, §2.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 20 - Proceedings Supplementary To Execution › Section 15-20-16 - Recording by register of deeds of order appointing receiver--Destruction of records.

15-20-16. Recording by register of deeds of order appointing receiver--Destruction of records.
A certified copy of the order appointing the receiver must be filed and recorded in the office of the register of deeds of the county in which the judgment debtor resides and also in any county wherein personal property to be affected by the order is situated before the receiver may take possession and control of any such personal property. However, the register of deeds may destroy any record which the records destruction board, acting pursuant to §1-27-19, declares to have no further administrative, legal, fiscal, research, or historical value.
Source:
SDC 1939 & Supp 1960, §33.2407; SL 1981, ch 45, §16.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 20 - Proceedings Supplementary To Execution › Section 15-20-17 - Possession of real property taken by receiver.

15-20-17. Possession of real property taken by receiver.
Upon the filing and recording of a certified copy of the order appointing the receiver in the office of the register of deeds in any county in which real estate to be affected is situated the receiver may take possession and control of any such real estate.
Source:
SDC 1939 & Supp 1960, §33.2407.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 20 - Proceedings Supplementary To Execution › Section 15-20-18 - Action by receiver to determine adverse claims to property--Order prohibiting transfer pending determination.

15-20-18. Action by receiver to determine adverse claims to property--Order prohibiting transfer pending determination.
If it appear that a person or corporation alleged to have property of the judgment debtor or to be indebted to him claims an interest in the property adverse to him or denies the debt, such interest or debt shall be recoverable only in an action against such person or corporation by the receiver; but the judge may by order forbid a transfer or other disposition of such property or interest until a sufficient opportunity be given to the receiver to commence the action and prosecute the same to judgment and execution; but such order may be modified or dissolved by the judge granting the same at any time on such security as he shall direct.
Source:
SDC 1939 & Supp 1960, §33.2405.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 20 - Proceedings Supplementary To Execution › Section 15-20-19 - Disobedience of order of judge or referee as contempt.

15-20-19. Disobedience of order of judge or referee as contempt.
If any person, party, or witness disobey an order of the judge or referee duly served, such person, party, or witness may be punished by the judge as for a contempt.
Source:
SDC 1939 & Supp 1960, §33.2408.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 20 - Proceedings Supplementary To Execution › Section 15-20-20 - Discharge from imprisonment of person committed.

15-20-20. Discharge from imprisonment of person committed.
In all cases of commitment under this chapter the person committed may, in case of inability to perform the act required or to endure the imprisonment, be discharged from imprisonment by the court or judge committing him, or the court in which the judgment was rendered, on such terms as may be just.
Source:
SDC 1939 & Supp 1960, §33.2408.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 21 - Amercement Of Officers › Section 15-21-1 - Grounds for amercement of officer directed to execute writ--Amount of amercement.

15-21-1. Grounds for amercement of officer directed to execute writ--Amount of amercement.
If any sheriff or other officer shall refuse or neglect to execute any writ of execution to him directed which has come to his hands; or to sell any personal or real property; or to return any writ of execution to the proper court on or before the return day; or, on demand to pay over to the plaintiff, his agent, or attorney of record, all moneys by him collected or received for the use of said party at any time after collecting or receiving the same, except as otherwise provided; or on demand made by the defendant, his agent, or attorney of record, to pay all overplus received from any sale, such sheriff or other officer shall, on motion in court upon two days' notice thereof in writing, be amerced in the amount of said debt, damages, and costs, with ten percent thereon to and for the use of said plaintiff or defendant, as the case may be.
Source:
SDC 1939 & Supp 1960, §33.2501.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 21 - Amercement Of Officers › Section 15-21-2 - Amercement of clerk for failure to pay over money received.

15-21-2. Amercement of clerk for failure to pay over money received.
If any clerk of a court shall neglect or refuse on demand made by the person entitled thereto, his agent, or attorney of record, to pay over all money by him received in his official capacity for the use of such person, every such clerk may be amerced; and the proceedings against him and his sureties shall be the same as provided for in §15-21-1, against sheriffs and their sureties.
Source:
SDC 1939 & Supp 1960, §33.2502.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 21 - Amercement Of Officers › Section 15-21-3 - Notice of amercement given to officer of county other than that from which execution issued.

15-21-3. Notice of amercement given to officer of county other than that from which execution issued.
In all cases of a motion to amerce a sheriff or other officer of any county, other than the one from which the execution issued, notice in writing shall be given to such officer as required in §15-21-1 by leaving it with him or at his office at least fifteen days before the hearing of such motion; or by transmitting the notice by mail at least thirty days prior to the hearing thereof.
Source:
SDC 1939 & Supp 1960, §33.2504.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 21 - Amercement Of Officers › Section 15-21-4 - Amount of amercement on refusal to pay over money collected.

15-21-4. Amount of amercement on refusal to pay over money collected.
When the cause of amercement is for refusing to pay over money collected as provided in §15-21-1 or 15-21-2 the sheriff or other officer shall not be amerced in a greater sum than the amount so withheld with ten percent thereon.
Source:
SDC 1939 & Supp 1960, §33.2503.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 21 - Amercement Of Officers › Section 15-21-5 - Entry of amercements on court record--Effect as judgment.

15-21-5. Entry of amercements on court record--Effect as judgment.
All amercements procured under this chapter shall be entered on the record of the court, and shall have the same force and effect as a judgment.
Source:
SDC 1939 & Supp 1960, §33.2504.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 21 - Amercement Of Officers › Section 15-21-6 - Action joining officer's surety as party to judgment--Officer's property applied first.

15-21-6. Action joining officer's surety as party to judgment--Officer's property applied first.
Each and every surety of any sheriff or other officer may be made a party to the judgment rendered as aforesaid against the sheriff or other officer by action to be commenced and prosecuted as in other cases; but the property, personal or real, of any such surety shall not be liable to be taken on execution when sufficient property of the sheriff or other officer against whom execution may be issued can be found to satisfy the same.
Source:
SDC 1939 & Supp 1960, §33.2505.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 21 - Amercement Of Officers › Section 15-21-7 - Amercement alternative to other remedies.

15-21-7. Amercement alternative to other remedies.
Nothing contained in this chapter shall prevent either party from proceeding against such sheriff or other officer by attachment or other proceeding at his election.
Source:
SDC 1939 & Supp 1960, §33.2505.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 21 - Amercement Of Officers › Section 15-21-8 - Subrogation of officer after amercement.

15-21-8. Subrogation of officer after amercement.
In cases where a sheriff or other officer may be amerced and shall not have collected the amount of the original judgment he must be permitted to take out execution and collect the amount of such judgment in the name of the original plaintiff for his own use.
Source:
SDC 1939 & Supp 1960, §33.2506.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 24 - Supreme Court Procedure In General › Section 15-24-1 - Circuit court procedure applicable except as otherwise provided.

15-24-1. Circuit court procedure applicable except as otherwise provided.
Except as otherwise indicated by statute or rule, the statutes and rules of practice and procedure in the circuit courts of this state shall apply to practice and procedure in the Supreme Court.
Source:
SDC 1939 & Supp 1960, §33.0501.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 24 - Supreme Court Procedure In General › Section 15-24-2 - Adjournment of court by one judge--Announcement and filing of opinions.

15-24-2. Adjournment of court by one judge--Announcement and filing of opinions.
Any one or more of the judges of the Supreme Court may adjourn the court with the same effect as if all were present, and may announce and have placed on file an opinion of the court.
Source:
SDC 1939 & Supp 1960, §33.0503.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 24 - Supreme Court Procedure In General › Section 15-24-3 - Order of causes on Supreme Court calendar--Preference to appeals on adoption, abuse and neglect, suppression of evidence in criminal cases and cases involving public agencies.

15-24-3. Order of causes on Supreme Court calendar--Preference to appeals on adoption, abuse and neglect, suppression of evidence in criminal cases and cases involving public agencies.
The Supreme Court shall direct the order in which causes shall be assigned on its calendar for hearing, except that preference in the assignment of causes for hearing shall be as follows:
(1)First preference shall be given to appeals taken of adoption or abuse and neglect judgments or orders, including judgments or orders terminating parental rights;
(2)Second preference shall be given to appeals taken pursuant to §23A-32-5;
(3)Third preference shall be given whenever the state, any state board, or state officer; any county or municipal corporation, or any officer thereof; in a purely official capacity, shall be plaintiff or defendant in any action or proceeding, or directly interested therein.
Source:
SDC 1939 & Supp 1960, §33.0504; SL 1978, ch 178, §570; SL 1997, ch 310 (Supreme Court Rule 97-7).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 24 - Supreme Court Procedure In General › Section 15-24-4 - Number of judges required for decision--Rehearing--Disposition in case of disagreement.

15-24-4. Number of judges required for decision--Rehearing--Disposition in case of disagreement.
The concurrence of three judges of the Supreme Court is necessary to pronounce a decision. If three do not concur the cause must be reheard; and if on the second hearing three judges do not concur, the judgment or order appealed from must be affirmed; or, in case of an original action or proceeding, the same must be dismissed without prejudice.
Source:
SDC 1939 & Supp 1960, §33.0502.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 24 - Supreme Court Procedure In General › Section 15-24-5 - Definitions.

15-24-5. Definitions.
As used in §§15-24-5 to 15-24-12, inclusive, the following terms mean:
(a)"Judicial proceeding" or "proceeding" referenced in these rules includes all public appellate arguments, hearings, or other proceedings before the Supreme Court, except those specifically excluded by the rules. These rules do not apply to coverage of ceremonial or nonjudicial proceedings.
(b)"Expanded media coverage" includes broadcasting, televising, electronic recording, or photographing of judicial proceedings for the purpose of gathering and disseminating news and educational or instructional information to the public. Any other use, absent express written permission of the court, is prohibited.
(c)"Supreme Court" or the "court" means the Supreme Court of South Dakota.
(d)"Chief Justice" means the Chief Justice of the Supreme Court of South Dakota.
(e)"Clerk" means the clerk of the Supreme Court of South Dakota.
(f)"Media coordinator" means the representative from the news media appointed by the court to coordinate expanded media coverage of judicial proceedings of the court under these rules.
(g)"News media" means personnel of a newspaper or other periodical, news service, radio station, television station, or television network, who deliver news to the general public on a regular and consistent basis in print, electronic or digital format.
Source:
Supreme Court Rule 01-08; SL 2014, ch 260 (Supreme Court Rule 14-01), eff. Feb. 20, 2014.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 24 - Supreme Court Procedure In General › Section 15-24-7 - Objections.

15-24-7. Objections.
(a) All public appellate proceedings are presumed open for expanded media coverage under these rules. A party to a proceeding objecting to expanded media coverage under these rules shall file a written objection, stating the grounds therefor, at least ten days prior to commencement of the proceeding. Time for filing objections may be extended or reduced in the discretion of the court, which may also, in appropriate circumstances, extend the right of objection to persons other than the parties to the appeal.
(b) All objections shall be reviewed and determined by the court prior to commencement of the proceeding. Expanded media coverage of the proceedings shall not be limited by objection of parties or others except for good or legal cause shown that such coverage would materially interfere with rights of the parties and the interests of justice.
(c) Where expanded media coverage of a proceeding has been prohibited by decision of the court, the clerk shall notify the media coordinator who shall notify the appropriate media personnel prior to commencement of the proceeding.
Source:
Supreme Court Rule 01-08.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 24 - Supreme Court Procedure In General › Section 15-24-8 - Advance Notification.

15-24-8.Advance Notification.
The court calendar is published on its website at www.sdjudicial. com. News media interested in video, still camera, or audio coverage of any judicial proceeding must notify the media coordinator, who will notify the clerk no later than two business days before commencement of the court term and make all necessary assignments and arrangements if pool coverage is required. For good cause shown, relief from this notification requirement may be granted by the court.
Source:
Supreme Court Rule 01-08; SL 2003, ch 260 (Supreme Court Rule 03-01).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 24 - Supreme Court Procedure In General › Section 15-24-9 - Conduct and Attire.

15-24-9. Conduct and Attire.
(a) Media representatives are expected to present a neat appearance in keeping with the dignity of the proceedings and be sufficiently familiar with court proceedings to conduct themselves so as not to interfere with the dignity of the proceedings, or to distract counsel or the court. All media personnel shall be properly attired. Clothing and equipment shall not display insignia of the media organization.
(b) All photographing and recording equipment and media representatives must be in place fifteen minutes before the scheduled commencement of the proceeding to be recorded. When court is in session, media representatives will not be permitted to move from the location they have been assigned by the court, change film, lenses or tape, make repairs or otherwise disrupt the proceedings. Equipment shall be installed or removed before proceedings, after proceedings, or during a recess of adequate length to assure that the courtroom will not be disrupted. Media representatives may be removed from the courtroom for failure to comply with this provision of the rules.
Source:
Supreme Court Rule 01-08.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 24 - Supreme Court Procedure In General › Section 15-24-10 - Media Coordinator.

15-24-10. Media Coordinator.
The media coordinator and an alternate shall be appointed by the court from a list of nominees provided by a representative of the news media designated by the court. The media coordinator and the alternate shall serve until such time as the court names a replacement. The name, business address, e-mail address, and telephone number of the media coordinator and the alternate shall be on file with the clerk. The court and all interested members of the media shall work, whenever possible, with and through the media coordinator regarding all arrangements for expanded media coverage.
Source:
Supreme Court Rule 01-08.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 24 - Supreme Court Procedure In General › Section 15-24-11 - Technical.

15-24-11.Technical.
(a)Video cameras, still cameras, audio equipment, and other equipment to be used by the media in the courtroom during judicial proceedings must be unobtrusive and must not produce distracting sound or bear the insignia of any media organization. Cameras are to be designed or modified so participants in the judicial proceedings are unable to determine when recording occurs.
(b)When practical, media organizations may use existing audio recording systems in the courtroom. If the media representatives determine that the existing system does not produce sound of sufficient quality, they may provide equipment. All such equipment shall be unobtrusive and shall be of adequate technical quality to prevent interference with the judicial proceedings being covered. No modifications of existing systems shall be made at public expense and without court approval.
(c)With the approval of the court or Chief Justice for the court, modifications may be made in light sources existing in the courtroom (e. g., higher wattage light bulbs), provided such modifications are installed and maintained without public expense.
Source:
Supreme Court Rule 01-08.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 24 - Supreme Court Procedure In General › Section 15-24-12 - Equipment and Pooling.

15-24-12. Equipment and Pooling.
The following limitations on the amount of equipment and number of media personnel in the courtroom shall apply:
(a)Video cameras. Not more than two video cameras, each operated by not more than one cameraperson, shall be permitted in the courtroom during a judicial proceeding. Where possible, recording and broadcast equipment that is not a component part of a video camera shall be located outside of the courtroom at a place designated by the court.
(b)Still cameras. Not more than two still camera photographers shall be permitted in the courtroom during a judicial proceeding. Each photographer will be allowed two camera bodies.
(c)Audio. Not more than one audio system shall be set up in the courtroom for media coverage of a judicial proceeding. Audio recording shall be accomplished from any existing audio system present in the courtroom, with the court's approval, if such recording would be technically suitable for media use. Where possible, electronic audio recording equipment and any operating personnel shall be located outside of the courtroom at a place designated by the court.
(d)Personal Recorders. Reporters, in the interest of accuracy, may use hand-held audio recorders in the courtroom. Such devices must have built-in microphones that are no more sensitive than the human ear. These personal recording devices are to be used for reporters' notes and not to gather sound for redistribution by the media. As with other media equipment, such personal recorders must not produce distracting sound or bear a media organization's insignia. Tapes may not be changed when court is in session.
(e)Pooling. Where the above limitations on equipment and personnel make it necessary, the media shall be required to pool equipment and personnel. Pooling arrangements shall be the sole responsibility of the media coordinator. The court shall not be called upon to mediate any dispute as to the appropriate media representatives authorized to cover a particular judicial proceeding.
(f)Location of equipment and personnel. Equipment and operating personnel permitted inside the courtroom by these rules shall be located in, and coverage of the proceedings shall take place from, an area or areas within the courtroom designated by the court or Chief Justice for the court. The area or areas designated shall provide reasonable access to the proceeding to be covered.
Source:
Supreme Court Rule 01-08.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 24 - Supreme Court Procedure In General › Section 15-24-13 - Expanded media coverage permanent effective date.

15-24-13. Expanded media coverage permanent effective date.
The rules of procedure for expanded media coverage of Supreme Court proceedings were adopted July 24, 2001, as a pilot project. These rules shall become permanent effective July 1, 2003.
Source:
SL 2003, ch 269, (Supreme Court Rule 03-11).
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 24A - Certification Of Questions Of Law To Supreme Court › Section 15-24A-1 - Power to answer.

15-24A-1. Power to answer.
The Supreme Court may answer questions of law certified to it by the Supreme Court of the United States, a court of appeals of the United States, or a United States district court, if there are questions of law of this state involved in any proceeding before the certifying court which may be determinative of the cause pending in the certifying court and it appears to the certifying court and to the Supreme Court that there is no controlling precedent in the decisions of the Supreme Court of this state.
Source:
SL 1984, ch 154, §1; Supreme Court Rule 85-7, §1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 24A - Certification Of Questions Of Law To Supreme Court › Section 15-24A-3 - Method of invoking.

15-24A-3. Method of invoking.
In the discretion of any of the courts referred to in §15-24A-1, this chapter may be invoked by an order of said court upon its own motion or upon the motion of any party to the cause.
Source:
Supreme Court Rule 85-7, §2.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 24A - Certification Of Questions Of Law To Supreme Court › Section 15-24A-4 - Contents of certification order.

15-24A-4. Contents of certification order.
A certification order shall set forth
(1)The questions of law to be answered; and
(2)A statement of all facts relevant to the questions certified and showing fully the nature of the controversy in which the questions arose.
Source:
Supreme Court Rule 85-7, §3.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 24A - Certification Of Questions Of Law To Supreme Court › Section 15-24A-5 - Preparation of certification order.

15-24A-5. Preparation of certification order.
The certification order shall be prepared by the certifying court, signed by the judge presiding at the hearing, and forwarded to the Supreme Court by the clerk of the certifying court under its official seal. The Supreme Court may require the original or copies of all or of any portion of the record before the certifying court to be filed with the certification order, if, in the opinion of the Supreme Court, the record or portion thereof may be necessary in answering the questions.
Source:
Supreme Court Rule 85-7, §4.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 24A - Certification Of Questions Of Law To Supreme Court › Section 15-24A-6 - Costs of certification.

15-24A-6. Costs of certification.
Fees and costs shall be the same as in civil appeals docketed before the Supreme Court and shall be equally divided between the parties unless otherwise ordered by the certifying court in its order of certification.
Source:
Supreme Court Rule 85-7, §5.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 24A - Certification Of Questions Of Law To Supreme Court › Section 15-24A-7 - Briefs and argument.

15-24A-7. Briefs and argument.
Once the Supreme Court has agreed to consider the certified question, the moving party or such party as the Supreme Court may designate shall serve and file its brief within twenty-five days after the filing of the order of acceptance. The other parties shall serve and file their briefs within twenty-five days after service of the moving or designated party's brief. The moving or designated party may serve and file a reply brief within fifteen days after service of the last brief of the other parties.
Proceedings in the Supreme Court shall be those provided in chapter 15-26A.
Source:
Supreme Court Rule 85-7, §6.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 24A - Certification Of Questions Of Law To Supreme Court › Section 15-24A-8 - Opinion.

15-24A-8. Opinion.
The written opinion of the Supreme Court stating the law governing the questions certified shall be sent by the clerk under the seal of the Supreme Court to the certifying court and to the parties.
Source:
Supreme Court Rule 85-7, §7.