reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 05A - Interactive Audiovisual Device Use In Court Proceedings › Section 15-5A-10 - Any proceeding where the court and parties agree.

15-5A-10. Any proceeding where the court and parties agree.
Unless prohibited by any other law, all other proceedings where the court and parties agree may be conducted by interactive audiovisual device.
Source:
SL 2007, ch 301 (Supreme Court Rule 06-69), eff. Jan. 1, 2007.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 05A - Interactive Audiovisual Device Use In Court Proceedings › Section 15-5A-11 - Interactive audio visual equipment for noncourt proceedings--Fees.

15-5A-11. Interactive audio visual equipment for noncourt proceedings--Fees.
The Supreme Court may establish rules pursuant to §16-3-1 to provide for the use of interactive audio visual equipment for noncourt proceedings and to establish a fee schedule for any such use by nonstate agencies. Any fee collected pursuant to this section shall be deposited into the state court automation fund.
Source:
SL 2012, ch 109, §1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-1 - Scope of Chapter.

15-6-1. Scope of Chapter.
This chapter governs the procedure in the circuit courts of the State of South Dakota in all suits of a civil nature, with the exceptions stated in §15-6-81. It shall be construed to secure the just, speedy and inexpensive determination of every action.
Source:
SD RCP, Rule 1, 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 15-6-2 - One form of action.

15-6-2. One form of action.
There shall be one form of action to be known as a "civil action." The distinction between actions at law and suits in equity, and the forms of all such actions and suits, are abolished in this state.
Source:
SDC 1939 & Supp 1960, §33.0101; SD RCP, Rule 2, 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 15-6-3 - Commencement of action.

15-6-3. Commencement of action.
A civil action is commenced as provided in §§15-2-30 and 15-2-31.
Source:
SD RCP, Rule 3, 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 15-6-4(a) - Summons--Form.

15-6-4(a). Summons--Form.
The summons shall be legibly subscribed by the plaintiff or his attorney and shall include the subscriber's address. It shall be directed to the defendant, and shall require him to answer the complaint and serve a copy of his answer on the subscriber at the subscriber's address within thirty days after the service of the summons, exclusive of the day of service, and shall notify him that in case of his failure to answer, judgment by default may be rendered against him as requested in the complaint.
Whenever the form of the summons is specified in any statute or rule relating to any action, remedy or special proceeding, the form so specified shall be used.
Source:
SDC 1939 & Supp 1960, §33.0803; SD RCP, Rule 4 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 2010, ch 251 (Supreme Court Rule 09-07), eff. Sept. 24, 2009.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-4(b) - Summons served without complaint.

15-6-4(b). Summons served without complaint.
A copy of the complaint need not be served with the summons. In such case the summons must state where the complaint is or will be filed.
If the complaint is not served with the summons and the defendant within thirty days after service of the summons, in any such case, causes notice of appearance to be given, in person or by attorney, and demands in writing a copy of the complaint specifying a place within the state where it may be served, a copy of the complaint must, within twenty days thereafter, be served accordingly. After such service of the complaint, the defendant has thirty days to answer or otherwise proceed against the complaint.
In any of such cases where the same attorney appears for different parties, only one copy of a notice, complaint, answer, motion, or other paper in the action need be served upon him, unless otherwise specifically ordered by the court in any case.
Source:
SDC 1939 & Supp 1960, §33.0821; SD RCP, Rule 4 (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 15-6-4(c) - By whom summons served.

15-6-4(c). By whom summons served.
The summons may be served by the sheriff or a constable of the county or other comparable political subdivision where the defendant may be found, or in the District of Columbia by the United States marshal or a deputy, or by any other person not a party to the action who at the time of making such service is an elector of any state. If the defendant to be served is an Indian residing in Indian country, the summons may be served by a person not a party to the action who at the time of making such service is an elector of any state. The service shall be made and the summons returned with proof of the service, with all reasonable diligence, to the plaintiff's attorney, if any, otherwise to the plaintiff. The plaintiff or the plaintiff's attorney may by endorsement on the summons fix a time for the service thereof, and the service shall be made accordingly.
Source:
SDC 1939 & Supp 1960, §33.0806; SD RCP, Rule 4 (c), as adopted by Supp. Ct. Order March 29, 1966, effective July 1, 1966; SL 1979, ch 147, §1; SL 1994, ch 155; SL 1999, ch 102, §1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-4(e) - Service by leaving copy with resident of defendant's dwelling.

15-6-4(e). Service by leaving copy with resident of defendant's dwelling.
Service in the following manner shall also constitute personal service. If the defendant cannot be found conveniently, service may be made by leaving a copy at the defendant's dwelling with someone over the age of fourteen years who resides there.
Source:
SDC 1939 & Supp 1960, §33.0808; SD RCP, Rule 4 (e), as adopted by Sup. Ct. Order March 29, 1966, eff. July 1, 1966; SL 2005, ch 288 (Supreme Court Rule 05-02), eff. Feb. 25, 2005; SL 2016, ch 237 (Supreme Court Rule 15-15), eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-4(f) - Service upon party not a resident of or found within state.

15-6-4(f). Service upon party not a resident of or found within state.
Whenever a statute of this state provides for the service of a legal process upon a party not a resident of or found within the state, service shall be made under the circumstances and in the manner prescribed by the statute.
Source:
SD RCP, Rule 4 (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 15-6-4(g) - Proof of service.

15-6-4(g). Proof of service.
Proof of the service of the summons and complaint or of any pleading, process, or other paper must state the time, place, and manner of such service or of publication and mailing and must be made as follows:
(1)If served by a sheriff or a county constable, his certificate thereof;
(2)If by any other person, his affidavit thereof;
(3)The written admission of the party or his representative upon whom service might have been made for such party;
(4)In case of publication, by affidavit of the printer, his foreman, or principal clerk or the publisher of the newspaper showing the same and an affidavit of mailing of copies as required by law; or
(5)In case of mailing, by affidavit of mailing and admission of service.
Source:
SDC 1939, §§33.0810, 33.0816; SL 1945, ch 146; SD RCP, Rule 4 (g), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1979, ch 11147, §2; SL 1985, ch 159, §2.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-4(h) - Amendment of process.

15-6-4(h). Amendment of process.
The court in its discretion and on such terms as it deems just may at any time allow any summons or other process or proof of service thereof to be amended, unless it clearly appears that substantial rights of the person against whom the process issued would be prejudiced thereby.
Source:
SD RCP, Rule 4 (h), 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 15-6-4(i) - Service by mail--Admission of service--Costs.

15-6-4(i). Service by mail--Admission of service--Costs.
Notwithstanding any other provision of law, a summons may be served upon a defendant in any action by mailing a copy of the summons, two copies of the notice and admission of service, conforming substantially to the form provided for in §15-6-4(j), and a return envelope, postage prepaid, addressed to the sender. The notice and admission of service shall set forth that the failure to sign and return the admission of service within twenty days after the date of mailing without good cause will result in the court ordering the person so served to pay the costs of personal service.
Unless good cause is shown for not returning the admission of service to the sender within twenty days of mailing, the court shall order the payment of the costs of personal service to be paid by the defendant in the action.
Source:
SL 1985, ch 159, §1.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-4(j) - Form of notice and admission of service by mail.

15-6-4(j). Form of notice and admission of service by mail.
The notice and admission of service provided for in §15-6-4(i) shall be substantially in the following form:
NOTICE AND ADMISSION OF SERVICE BY MAIL
STATE OF SOUTH DAKOTAIN CIRCUIT COURT
COUNTY OF __________________ JUDICIAL CIRCUIT
_________________________, Plaintiff NOTICE AND ADMISSION OF
vs.SUMMONS/SUMMONS AND
_________________________, DefendantCOMPLAINT
NOTICE
To: ____________________
The enclosed summons is served pursuant to §15-6-4.
You must complete the admission part of this form and return one copy of the completed form to the sender within twenty days.
You must sign and date the admission. If you are served on behalf of a corporation, unincorporated association (including a partnership), or other entity, you must indicate under your signature your relationship to that entity. If you are served on behalf of another person and you are authorized to receive process, you must indicate under your signature your authority.
If you do not complete and return the form to the sender within twenty days, you (or the party on whose behalf you are being served) may be required to pay any expenses incurred in serving a summons in any other manner permitted by law.
If you do complete and return this form, you (or the party on whose behalf you are being served) must answer within thirty days. If you fail to do so, judgment by default will be taken against you for a relief demanded.
I hereby certify that this Notice and Admission of Service was mailed on ________.
__________
Signature
__________
Date of Signature
ADMISSION OF SERVICE OF SUMMONS/SUMMONS AND COMPLAINT
Personal service of the enclosed Summons/Summons and Complaint is hereby admitted by receipt of copies thereof at ________, South Dakota, this ________ day of ________, 20____.
__________
Signature
__________
Relationship to Entity/ Authority to Receive Service of Process
__________
Date of Signature
Source:
SL 1985, ch 159, §3.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-5(a) - Service--When required.

15-6-5(a). Service--When required.
Except as otherwise provided in this chapter, every order required by its terms to be served, every pleading subsequent to the original complaint unless the court otherwise orders because of numerous defendants, every written motion other than one which may be heard ex parte, and every written brief, notice, appearance, demand, offer of judgment, and similar paper shall be served upon each of the parties. No service need be made on parties in default for failure to appear except that pleadings asserting new or additional claims for relief against them shall be served upon them in the manner provided for service of summons in §15-6-4.
Source: SDC 1939 & Supp 1960, §33.0819; SD RCP, Rule 5 (a), as adopted by Sup. Ct. Order Mar. 29, 1966, eff. July 1, 1966; SL 2004, ch 328 (Supreme Court Rule 04-01), eff. July 1, 2004; SL 2021, ch 253 (Supreme Court Rule 21-01), eff. Feb. 23, 2021; SL 2023, ch 213 (Supreme Court Rule 22-12), eff. Jan. 1, 2023.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-5(b) - Service--How made--Proof.

15-6-5(b). Service--How made--Proof.
(1)Unless otherwise ordered by the court or provided by rule, whenever this chapter requires or permits service to be made upon a party represented by an attorney, the service shall be made upon the attorney.
(2)Unless otherwise ordered by the court, all documents filed with the court electronically through the Odyssey® system or served electronically through the Odyssey® system are presumed served upon all attorneys of record at the time of submission.
(3)Documents not filed with the court may be served upon an attorney by any of the following methods:
A.electronically through the Odyssey® system;
B.by electronic mail, using the email address designated by the attorney or law firm for service, or if none, the email address published in the Membership Directory of the State Bar of South Dakota;
C.by first class mail to the attorney’s last known address, which is complete upon mailing;
D.by facsimile transmission subject to the following conditions:
(i)the attorney upon whom service is made has the necessary equipment to receive such transmission;
(ii)the attorney has agreed to accept service by facsimile transmission, or has served the serving party in the same case by facsimile transmission; and
(iii)the time and manner of transmission comply with the requirements of §15-6-6(a), unless otherwise established by the Court; or
E.by delivery to the attorney, or an employee of the attorney, at the attorney’s office.
(4)An attorney’s certificate of service, the written admission of service by the party or his attorney, or an affidavit of service are sufficient proof of service.
(5)Unless otherwise ordered by the court, service upon a party not represented by counsel must be made using one of the following methods:
A.by delivery to the party or leaving it at the party’s dwelling house or usual place of abode with some person over the age of fourteen years then residing therein;
B.by first class mail to the party’s last known address, which is complete upon mailing; or
C.if no address is known, by leaving it with the clerk of the court.
(6)The provisions of §15-6-5 do not apply to the service of a summons or other process or of any paper to bring a party into contempt.
Source: SDC 1939 & Supp 1960, §33.0819; SD RCP, Rule 5 (b), as adopted by Sup. Ct. Order Mar. 29, 1966, eff. July 1, 1966; SL 1991, ch 424 (Supreme Court Rule 90-01); SL 1991, ch 446 (Supreme Court Rule 91-12); SL 2004, ch 328 (Supreme Court Rule 04-01), eff. July 1, 2004; SL 2023, ch 213 (Supreme Court Rule 22-12), eff. Jan. 1, 2023.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-5(c) - Service on numerous defendants.

15-6-5(c). Service on numerous defendants.
In any action in which there are unusually large numbers of defendants, the court, upon motion or of its own initiative, may order that service of the pleadings of the defendants and replies thereto need not be made as between the defendants and that any cross-claim, counterclaim or matter constituting an avoidance or affirmative defense contained therein shall be deemed to be denied or avoided by all other parties and that the filing of any such pleading and service thereof upon the plaintiff constitutes due notice of it to the parties. A copy of every such order shall be served upon the parties in such manner and form as the court directs.
Source:
SDC 1939 & Supp 1960, §33.0819; SD RCP, Rule 5 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 2004, ch 328 (Supreme Court Rule 04-01), effective July 1, 2004.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-5(d) - Filing of papers--Originals--Copies.

15-6-5(d). Filing of papers--Originals--Copies.
The original of all papers served upon a party or presented to any court or judge in support of any application or motion and including the summons, all pleadings, notices, demands, offers, stipulations, affidavits, written motions, briefs, memorandums of law, and orders shall, if not filed before service, be filed with the court, together with proof of such service, forthwith upon such service. The foregoing requirement of filing applies to the notice of filing of an order and the notice of entry of a judgment together with proof of service thereof, both of which shall be filed forthwith; if not filed within ten days after service thereof, the time of service shall be deemed to be the date of filing of the notice and proof of service. If papers are not to be served, they must be filed with the court at the time of their presentation to the court for any action or consideration.
Any electronic version of any paper or document shall have the same force and effect as the original. A certified copy of an original made by electronic transmission shall have the same force and effect as a certified copy of an original.
Source:
SDC 1939 & Supp 1960, §§33.0107, 33.0802; SD RCP, Rule 5 (d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 4, 1972, effective Jan. 1, 1973; SL 1981, ch 379; SL 1991, ch 447 (Supreme Court Rule 91-13); SL 1992, ch 147; SL 1992, ch 366 (Supreme Court Rule 92-1); SL 1999, ch 275; SL 2000, ch 255 (Supreme Court Rule 00-1); SL 2004, ch 328 (Supreme Court Rule 04-01), effective July 1, 2004; SL 2014, ch 254 (Supreme Court Rule 13-12), eff. July 1, 2014; SL 2017, ch 224 (Supreme Court Rule 17-01), eff. Jan. 19, 2017.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-5(e) - Definition--Filing with the court.

15-6-5(e). Definition--Filing with the court.
Except as specifically exempted by these rules or court order, the filing of pleadings and other papers with the court as required by this chapter must be made through the Odyssey® electronic filing system with the clerk of the court. Self-represented parties may file electronically, but are not required to file electronically. Upon leave of court, an attorney required to file electronically may be granted leave of court to file paper documents with the clerk of court. The judge may permit a party to file papers with him or her, in which event the judge must note thereon the filing date and forthwith transmit them to the office of the clerk.
Source: SDC 1939 & Supp 1960, §33.0802; SD RCP, Rule 5 (e), as adopted by Sup. Ct. Order Mar. 29, 1966, effective July 1, 1966; SL 2004, ch 328 (Supreme Court Rule 04-01), effective July 1, 2004; SL 2023, ch 213 (Supreme Court Rule 22-12), eff. Jan. 1, 2023.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-5(g) - Documents not to be filed--Depositions.

15-6-5(g). Documents not to be filed--Depositions.
No depositions (except notices to take depositions), interrogatories, requests for documents, requests for admissions, and answers and responses thereto shall be filed with the clerk of the court except as provided in this section. Any such filing shall be made electronically in full-size print unless otherwise ordered by the court. Any exhibits to such documents shall be clearly identified and included as a separate electronic file or hyperlinked within the transcript file.
Any discovery materials necessary for the disposition of any motion filed with the court or referenced in any filing with the court shall be attached as an exhibit to the party's motion or as an exhibit to a declaration, affidavit, or other similar filing. Financial account information filed with the court as an exhibit under this section shall be confidential pursuant to §§15-15A-8 and 15-15A-9, and shall remain confidential unless and until access is granted by the court under §15-15A-10.
If any party designated any or all of any deposition as evidence to be offered in the trial of any case, such deposition shall be filed in electronic format in its entirety with the clerk of the court at the same time as that party's designation.
Depositions used by a party only for the purpose of contradicting or impeaching the testimony of deponent as a witness, pursuant to subdivision 15-6-32(a)(1), shall not be filed unless otherwise ordered by the judge presiding at the hearing or trial.
All depositions which have been read or offered into evidence by agreement of parties, or at the trial or submission of the case to the court, shall become a permanent part of the file.
Source: SL 1997, ch 304 (Supreme Court Rule 97-1); SL 2004, ch 328 (Supreme Court Rule 04-01), eff. July 1, 2004; SL 2005, ch 289 (Supreme Court Rule 05-03), eff. Feb. 25, 2005; SL 2006, ch 275 (Supreme Court Rule 06-01), eff. July 1, 2006; SL 2017, ch 225 (Supreme Court Rule 17-02), eff. Jan. 19, 2017; SL 2018, ch 294 (Supreme Court Rule 18-03), eff. July 1, 2018; SL 2023, ch 213 (Supreme Court Rule 22-12), eff. Jan. 1, 2023.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-5(h) - Civil Case Filing Statements.

15-6-5(h). Civil Case Filing Statements.
Whenever a party or an attorney representing a party commences a civil action, files a notice of appearance, or files an answer or first responsive pleading in a civil action, the party or attorney representing the party shall file a completed civil case filing statement containing identifying information available to that party or attorney regarding all parties, including the adverse party, with the clerk of the court. A statement must also be filed whenever a new party is added to the action. The statement shall be available from the clerk or online at the Unified Judicial System's website. The identifying information for the filing party must be submitted on the filing statement. If the party or attorney representing a party is unable to provide the required information for the filing party, he or she may seek a waiver from the judge assigned to the action. After the information is recorded in the Unified Judicial System docketing system, the filing statement may be destroyed or kept by the clerk of the court in a nonpublic file for internal record management use by the Unified Judicial System. Access to the filed statement will only be available to court personnel or by court order.
Source: SL 2004, ch 321 (Supreme Court Rule 03-20), eff. Jan. 1, 2004; SL 2004, ch 328 (Supreme Court Rule 04-01), eff. July 1, 2004; SL 2023, ch 213 (Supreme Court Rule 22-12), eff. Jan. 1, 2023.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-5(i) - Service of discovery requests by electronic mail or portable storage media device--Costs.

15-6-5(i). Service of discovery requests by electronic mail or portable storage media device--Costs.
Any party or attorney serving discovery requests pursuant to §15-6-31, §15-6-33, §15-6-34 or §15-6-36 shall also, upon receipt of a written request, serve those items on the opposing party or attorney by electronic mail or on a portable storage media device. Failure to comply with such a request shall not make service invalid or extend the time to file a response, but the court shall order payment of the actual costs of reproducing the item and may award such other terms as it deems proper under §15-6-37 unless good cause for failure to comply with the request is shown.
Source: SL 2004, ch 328 (Supreme Court Rule 04-01), eff. July 1, 2004; SL 2023, ch 213 (Supreme Court Rule 22-12), eff. Jan. 1, 2023.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-6(a) - Computation of time.

15-6-6(a). Computation of time.
In computing any period of time prescribed or allowed by this chapter, by order of court, or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday or a legal holiday or, when the act to be done is the filing of a paper in court, a day on which weather or other conditions have made the office of the clerk of court inaccessible, in which event the period runs until the end of the next day which is not one of the aforementioned days. When the period of time prescribed or allowed is less than eleven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. As used in this rule, "legal holiday" includes those holidays listed in §1-5-1.
Service by facsimile, electronic mail transmission, and through the Odyssey7 electronic filing system must be completed by 11:59 p.m. central standard time or daylight savings time as applicable, on a weekday, which is not a legal holiday, or service shall be deemed to be made on the following weekday, which is not a legal holiday.
Source:
SD RCP, Rule 6(a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1991, ch 425 (Supreme Court Rule 90-02); SL 2006, ch 276 (Supreme Court Rule 06-02), eff. July 1, 2006; SL 2009, ch 280 (Supreme Court Rule 09-01), eff. July 1, 2009; SL 2019, ch 220 (Supreme Court Rule 18-14), eff. July 1, 2018.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-6(b) - Enlargement of time.

15-6-6(b). Enlargement of time.
When by this chapter or by a notice given thereunder or by an order of court an act is required or allowed to be done at or within a specified time, the court for cause shown may at any time in its discretion:
(1)With or without motion or notice order the period enlarged if request therefor is made before the expiration of the period originally prescribed or as extended by a previous order; or
(2)Upon motion made after the expiration of the specified period permit the act to be done where the failure to act was the result of excusable neglect
but it may not extend the time for taking any action under §§15-6-50(b), 15-6-59(b) and (d), and 15-6-60(b), except to the extent and under the conditions stated in them.
Source:
SDC 1939 & Supp 1960, §33.0108; SD RCP, Rule 6 (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 15-6-6(d) - Time for motion--Affidavits--Briefs.

15-6-6(d). Time for motion--Affidavits--Briefs.
A written motion, other than one which may be heard ex parte and notice of the hearing thereof or an order to show cause shall be served not later than ten days before the time specified for the hearing, unless a different period is fixed by this chapter or by order of the court. Such an order may for cause shown be made on ex parte application. When a motion is supported by affidavit or brief, the affidavit or brief shall be served with the motion and, except as otherwise provided in §15-6-59(b), opposing affidavits or briefs may be served not later than five days before the hearing, unless the court permits them to be served at some other time. A reply brief or affidavit may be served by the movant not later than two days before the hearing, unless the court permits them to be served at some other time.
Source:
SDC 1939 & Supp 1960, §33.1001; SD RCP, Rule 6 (d), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 2006, ch 277 (Supreme Court Rule 06-03), eff. July 1, 2006.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-6(e) - Additional time after service by mail--Facsimile and electronic mail transmission service exempt.

15-6-6(e). Additional time after service by mail--Facsimile and electronic mail transmission service exempt.
Whenever a party has the right or is required to do some act or take some proceedings within a prescribed period after the service of a notice or other paper upon him, or whenever such service is required to be made a prescribed period before a specified event, and the notice or paper is served by mail, three days shall be added to the prescribed period.
Service by facsimile or electronic mail transmission shall not be deemed service by mail for purposes of this section.
Source:
SDC 1939 & Supp 1960, §33.0820; SD RCP, Rule 6 (e), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; SL 1991, ch 426 (Supreme Court Rule 90-03); SL 2009, ch 281 (Supreme Court Rule 09-02), eff. July 1, 2009.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-7(a) - Pleadings.

15-6-7(a). Pleadings.
There shall be a complaint and an answer; a reply to a counterclaim denominated as such; an answer to a cross-claim, if the answer contains a cross-claim; a third-party complaint, if a person who was not an original party is summoned under the provisions of §15-6-14; and a third-party answer, if a third-party complaint is served. No other pleading shall be allowed, except that the court may order a reply to an answer or a third-party answer.
Source:
SDC 1939 & Supp 1960, §33.0901; SD RCP, Rule 7 (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 15-6-7(b) - Motions and other papers.

15-6-7(b). Motions and other papers.
(1) An application to the court for an order shall be by motion which, unless made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefor, and shall set forth the relief or order sought. The requirement of writing is fulfilled if the motion is stated in a written notice of the hearing of the motion.
(2)The rules applicable to captions, signing, and other matters of form of pleadings apply to all motions and other papers provided for by this chapter.
(3)Exhibits and other attachments to motions are subject to the provisions of Rule 11 and the protective provisions of §15-6-26(c).
Source:
SDC 1939 & Supp 1960, §33.1001; SD RCP, Rule 7 (b), as adopted by Supp. Ct. Order March 29, 1966, effective July 1, 1966; SL 2001, ch 295 (Supreme Court Rule 01-03); SL 2006, ch 278 (Supreme Court Rule 06-04), eff. July 1, 2006.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-7(c) - Demurrers, pleas, and exceptions abolished.

15-6-7(c). Demurrers, pleas, and exceptions abolished.
Demurrers, pleas, and exceptions for insufficiency of a pleading shall not be used.
Source:
SDC 1939 & Supp 1960, §33.0902; SD RCP, Rule 7 (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 15-6-8(a) - Claims for relief.

15-6-8(a). Claims for relief.
A pleading which sets forth a claim for relief, whether an original claim, counterclaim, cross-claim, or third-party claim, shall contain:
(1)A short and plain statement of the claim showing that the pleader is entitled to relief; and
(2)A demand for judgment for the relief to which he deems himself entitled.
Relief in the alternative or of several different types may be demanded.
Source:
SDC 1939 & Supp 1960, §33.0903; SD RCP, Rule 8 (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 15-6-8(b) - Defenses--Form of denials.

15-6-8(b). Defenses--Form of denials.
A party shall state in short and plain terms his defenses to each claim asserted and shall admit or deny the averments upon which the adverse party relies. If he is without knowledge or information sufficient to form a belief as to the truth of an averment, he shall so state and this has the effect of a denial. Denials shall fairly meet the substance of the averments denied. When a pleader intends in good faith to deny only a part or a qualification of an averment, he shall specify so much of it as is true and material and shall deny only the remainder. Unless the pleader intends in good faith to controvert all the averments of the preceding pleading, he may make his denials as specific denials of designated averments or paragraphs, or he may generally deny all the averments except such designated averments or paragraphs as he expressly admits; but, when he does so intend to controvert all its averments, he may do so by general denial subject to the obligations set forth in §15-6-11.
Source:
SDC 1939 & Supp 1960, §33.0904; SD RCP, Rule 8 (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 15-6-8(c) - Defenses--Form of denials.

15-6-8(c). Defenses--Form of denials.
In pleading to a preceding pleading, a party shall set forth affirmatively accord and satisfaction, arbitration and award, assumption of risk, contributory negligence, discharge in bankruptcy, duress, estoppel, failure of consideration, fraud, illegality, injury by fellow servant, laches, license, payment, release, res judicata, statute of frauds, statute of limitations, waiver, and any other matter constituting an avoidance or affirmative defense. When a party has mistakenly designated a defense as a counterclaim or a counterclaim as a defense, the court on terms, if justice so requires, shall treat the pleading as if there had been a proper designation.
Source:
SDC 1939 & Supp 1960, §33.0905; SD RCP, Rule 8 (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 15-6-8(d) - Effect of failure to deny.

15-6-8(d). Effect of failure to deny.
Averments in a pleading to which a responsive pleading is required, other than those as to the amount of damage, are admitted when not denied in the responsive pleading. Averments in a pleading to which no responsive pleading is required or permitted shall be taken as denied or avoided.
Source:
SDC 1939 & Supp 1960, §33.0906; SD RCP, Rule 8 (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 15-6-8(e) - Pleading to be concise and direct--Consistency.

15-6-8(e). Pleading to be concise and direct--Consistency.
(1)Each averment of a pleading shall be simple, concise, and direct. No technical forms of pleading or motions are required.
(2)A party may set forth two or more statements of a claim or defense alternatively or hypothetically, either in one count or defense or in separate counts or defenses. When two or more statements are made in the alternative and one of them if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements. A party may also state as many separate claims or defenses as he has regardless of consistency and whether based on legal or on equitable grounds or on both. All statements shall be made subject to the obligations set forth in §15-6-11.
Source:
SDC 1939 & Supp 1960, §33.0908; SD RCP, Rule 8 (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 15-6-8(f) - Construction of pleadings.

15-6-8(f). Construction of pleadings.
All pleadings shall be so construed as to do substantial justice.
Source:
SDC 1939 & Supp 1960, §33.0915; SD RCP, Rule 8 (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 15-6-9(a) - Pleading capacity.

15-6-9(a). Pleading capacity.
It is not necessary to aver the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of a corporation or organized association of persons that is made a party. When a party desires to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued or the authority of a party to sue or be sued in a representative capacity, he shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader's knowledge.
Source:
SDC 1939 & Supp 1960, §33.0910; SD RCP, Rule 9 (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 15-6-9(b) - Pleading fraud, mistake, condition of the mind.

15-6-9(b). Pleading fraud, mistake, condition of the mind.
In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity. Malice, intent, knowledge, and other condition of mind of a person may be averred generally.
Source: SDC 1939 & Supp 1960, §33.0910; SD RCP, Rule 9 (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 15-6-9(c) - Pleading conditions precedent.

15-6-9(c). Pleading conditions precedent.
In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred. A denial of performance or occurrence shall be made specifically and with particularity.
Source:
SDC 1939 & Supp 1960, §33.0910; SD RCP, Rule 9 (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 15-6-9(d) - Pleading official document or act.

15-6-9(d). Pleading official document or act.
In pleading an official document or official act, it is sufficient to aver that the document was issued or the act done in compliance with law; and in pleading any statute or ordinance, it is sufficient to refer to the statute by its number and the ordinance by its title or number and the date of its approval.
Source:
SDC 1939 & Supp 1960, §33.0910; SD RCP, Rule 9 (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 15-6-9(e) - Pleading judgment.

15-6-9(e). Pleading judgment.
In pleading a judgment or decision of a domestic or foreign court, judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it.
Source:
SDC 1939 & Supp 1960, §33.0910; SD RCP, Rule 9 (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 15-6-9(f) - Pleading time and place.

15-6-9(f). Pleading time and place.
For the purpose of testing the sufficiency of a pleading, averments of time and place are material and shall be considered like all other averments of material matter.
Source:
SDC 1939 & Supp 1960, §33.0910; SD RCP, Rule 9 (f), as adopted by Supp. 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 15-6-9(g) - Pleading special damage.

15-6-9(g). Pleading special damage.
When items of special damage are claimed, they shall be specifically stated.
Source:
SDC 1939 & Supp 1960, §33.0910; SD RCP, Rule 9 (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 15-6-9(h) - Unknown party--How designated in pleadings and process.

15-6-9(h). Unknown party--How designated in pleadings and process.
When a party is ignorant of the name of an opposing party and so alleges in his pleading, the opposing party may be designated by any name, and when his true name is discovered the process and all pleadings and proceedings in the action shall be amended by substituting the true name.
Source:
SDC 1939 & Supp 1960, §33.0401; SD RCP, Rule 9 (h), 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 15-6-9(i) - Complaint in action for libel or slander.

15-6-9(i). Complaint in action for libel or slander.
In an action for libel or slander, it shall not be necessary to state in the complaint any extrinsic facts, for the purpose of showing the application to the plaintiff of the defamatory matter out of which the cause of action arose, but it shall be sufficient to state generally that the same was published or spoken concerning the plaintiff, and if such allegation be controverted, the plaintiff shall be bound to establish, on trial, that it was so published or spoken.
Source:
SDC 1939 & Supp 1960, §33.0910; SD RCP, Rule 9 (i), 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 15-6-10(a) - Caption--Names of parties.

15-6-10(a). Caption--Names of parties.
Every pleading shall have a caption setting forth the name of the court and the county in which the action is brought, the title of the action, and a designation as in §15-6-7(a). In the complaint the title of the action shall include the names of all the parties, but in other pleadings it is sufficient to state the name of the first party on each side with an appropriate indication of other parties.
Source:
SDC 1939 & Supp 1960, §33.0908; SD RCP, Rule 10 (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 15-6-10(b) - Paragraphs--Separate statements.

15-6-10(b). Paragraphs--Separate statements.
All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters set forth.
Source:
SDC 1939 & Supp 1960, §33.0908; SD RCP, Rule 10 (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 15-6-10(c) - Adoption by reference--Exhibits.

15-6-10(c). Adoption by reference--Exhibits.
Statements in a pleading may be adopted by reference in a different part of the same pleading or in another pleading or in any motion. A copy of any written instrument which is an exhibit to a pleading is a part thereof for all purposes.
Source:
SDC 1939 & Supp 1960, §33.0908; SD RCP, Rule 10 (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 15-6-10(d) - Roman numerals--Use--Restrictions.

15-6-10(d). Roman numerals--Use--Restrictions.
Roman numerals may not be used to number paragraphs in pleadings. The use of Roman numerals in pleadings is restricted to use in conjunction with persons' names and in lower case use in prefaces, forewords, prologues, and epilogues.
Source:
SL 1998, ch 310.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-10(e) - Formatting of pleadings.

15-6-10(e). Formatting of pleadings.
All pleadings, motions, orders and other papers filed with the court, with the exception of exhibits, shall be typewritten or hand printed in a clear and legible manner, no smaller than 12 point type; on one side only of white, unglazed, opaque paper of good texture, eight and one-half inches wide and eleven inches long; and consecutively numbered at the bottom center of each page.
Source:
SL 2013, ch 267, §1 (Supreme Court Rule 13-06), eff. Feb. 14, 2013.
2023 South Dakota Codified Laws › Title 15 - Civil Procedure › Chapter 06 - Rules Of Procedure In Circuit Courts › Section 15-6-11(a) - Signature.

15-6-11(a). Signature.
Every pleading, written motion, and other paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party. Each paper shall state the signer's address and telephone number, if any. Except when otherwise specifically provided by rule or statute, pleadings need not be verified or accompanied by affidavit. An unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of the attorney or party.
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 296 (Supreme Court Rule 01-04); SL 2006, ch 279 (Supreme Court Rule 06-05), eff. July 1, 2006.