Consequently, the claims set forth in each and all of the following forms may be joined with the complaint or with each other

Ordinarily each claim should be stated in a separate division of the complaint, and the divisions should be designated as counts successively numbered. In particular this chapter permits alternative and inconsistent pleading. See Form 11. Source: SD RCP, Form 2. Form 3. Complaint on an account 1. Defendant owes plaintiff _____ dollars according to the account hereto annexed as Exhibit A. Wherefore (etc. as in Form 2). Source: SD RCP, Form 3. Form 4. Complaint for goods sold and delivered 1. Defendant owes plaintiff _____ dollars for goods sold and delivered by plaintiff to defendant between June 1, 1956, and December 1, 1956. Wherefore (etc. as in Form 2). Note: This form may be used where the action is for an agreed price or for the reasonable value of the goods. Source: SD RCP, Form 4. Form 5. Complaint for money lent 1. Defendant owes plaintiff _____ dollars for money lent by plaintiff to defendant on June 1, 1956. Wherefore (etc. as in Form 2). Source: SD RCP, Form 5. Form 6. Complaint for money paid by mistake 1. Defendant owes plaintiff _____ dollars for money paid by plaintiff to defendant by mistake on June 1, 1956, under the following circumstances: (here state the circumstances with particularity--see § 15-6-9(b) ). Wherefore (etc. as in Form 2). Source: SD RCP, Form 6. Form 7. Complaint for money had and received 1. Defendant owes plaintiff _____ dollars for money had and received from one G.H. on June 1, 1956, to be paid by defendant to plaintiff. Wherefore (etc. as in Form 2). Source: SD RCP, Form 7. Form 8. Complaint for negligence 1. On June 1, 1956, in a public highway called Phillips Avenue in Sioux Falls, South Dakota, defendant negligently drove a motor vehicle against plaintiff who was then crossing said highway. 2. As a result plaintiff was thrown down and had his leg broken and was otherwise injured, was prevented from transacting his business, suffered great pain of body and mind, and incurred expenses for medical attention and hospitalization in the sum of one thousand dollars. Wherefore plaintiff demands judgment against defendant in an amount to be determined by the trier of fact. Note: Since contributory negligence is an affirmative defense, the complaint need contain no allegation of due care of plaintiff. Source: SD RCP, Form 8; SL 2023, ch 215 (Supreme Court Rule 22-14), eff. Jan. 1, 2023. Form 9. Complaint for negligence where plaintiff is unable to determine definitely whether the person responsible is C.D. or E.F. or whether both are responsible A.B., Plaintiff vs. COMPLAINT C.D. and E.F., Defendants 1. On June 1, 1956, in a public highway called Phillips Avenue in Sioux Falls, South Dakota, defendant, C.D. or defendant E.F., or both defendants, C.D. and E.F. negligently drove or caused to be driven a motor vehicle against plaintiff who was then crossing said highway. 2. As a result plaintiff was thrown down and had his leg broken and was otherwise injured, was prevented from transacting his business, suffered great pain of body and mind, and incurred expenses for medical attention and hospitalization in the sum of one thousand dollars. Wherefore plaintiff demands judgment against C.D. or against E.F. or against both in the sum of _____ dollars and costs. Source: SD RCP, Form 9; SL 2023, ch 215 (Supreme Court Rule 22-14), eff. Jan. 1, 2023. Form 10. Complaint for conversion 1. On or about December 1, 1956, defendant converted to his own use ten bonds of the _____ company (here insert brief identification as by number and issue) of the value of _____ dollars, the property of plaintiff. Wherefore plaintiff demands judgment against defendant in the sum of _____ dollars, interest and costs. Source: SD RCP, Form 10. Form 11. Complaint for specific performance of contract to convey land 1. On or about December 1, 1956, plaintiff and defendant entered into an agreement in writing a copy of which is hereto annexed as Exhibit A. 2. In accord with the provisions of said agreement plaintiff tendered to defendant the purchase price and requested a conveyance of the land, but defendant refused to accept the tender and refused to make the conveyance. 3. Plaintiff now offers to pay the purchase price. Wherefore plaintiff demands (1) that defendant be required specifically to perform said agreement, (2) damages in the sum of one thousand dollars, and (3) that if specific performance is not granted plaintiff have judgment against defendant in the sum of _____ dollars. Note: Here, as in Form 2, plaintiff may set forth the contract verbatim in the complaint or plead it, as indicated, by exhibit, or plead it according to its legal effect. Plaintiff may seek legal or equitable relief or both under this chapter. Source: SD RCP, Form 11. Form 12. Complaint on claim for debt and to set aside fraudulent conveyance under § 15-6-18(b) A.B., Plaintiff vs. COMPLAINT C.D. and E.F., Defendants 1. Defendant C.D. on or about _____ executed and delivered to plaintiff a promissory note (in the following words and figures: (here set out the note verbatim)); (a copy of which is hereto annexed as Exhibit A); (whereby defendant C.D. promised to pay to plaintiff or order on _____ the sum of five thousand dollars with interest thereon at the rate of _____ percent per annum). 2. Defendant C.D. owes to plaintiff the amount of said note and interest. 3. Defendant C.D. on or about _____ conveyed all of his property, real and personal (or specify and describe) to defendant E.F. for the purpose of defrauding plaintiff and hindering and delaying the collection of the indebtedness evidenced by the note above referred to. Wherefore plaintiff demands: (1) That plaintiff have judgment against defendant C.D. for _____ dollars and interest; (2) that the aforesaid conveyance to defendant E.F. be declared void and the judgment herein be declared a lien on said property; (3) that plaintiff have judgment against the defendants for costs. Source: SD RCP, Form 12. Form 13. Complaint for interpleader and declaratory relief 1. On or about June 1, 1956, plaintiff issued to G.H. a policy of life insurance whereby plaintiff promised to pay to K.L. as beneficiary the sum of _____ dollars upon the death of G.H. The policy required the payment by G.H. of a stipulated premium on June 1, 1956, and annually thereafter as a condition precedent to its continuance in force. 2. No part of the premium due June 1, 1956, was ever paid and the policy ceased to have any force or effect on July 1, 1956. 3. Thereafter, on September 1, 1956, G.H. and K.L. died as the result of a collision between a locomotive and the automobile in which G.H. and K.L. were riding. 4. Defendant C.D. is the duly appointed and acting personal representative of the will of G.H.; defendant E.F. is the duly appointed and acting personal representative of the will of K.L.; defendant X.Y. claims to have been duly designated as beneficiary of said policy in place of K.L. 5. Each of defendants, C.D., E.F., and X.Y. is claiming that the above - mentioned policy was in full force and effect at the time of the death of G.H.; each of them is claiming to be the only person entitled to receive payment of the amount of the policy and has made demand for payment thereof. 6. By reason of these conflicting claims of the defendants, plaintiff is in great doubt as to which defendant is entitled to be paid the amount of the policy, if it was in force at the death of G.H. Wherefore plaintiff demands that the court adjudge: (1) That none of the defendants is entitled to recover from plaintiff the amount of said policy or any part thereof. (2) That each of the defendants be restrained from instituting any action against plaintiff for the recovery of the amount of said policy or any part thereof. (3) That, if the court shall determine that said policy was in force at the death of G.H., the defendants be required to interplead and settle between themselves their rights to the money due under said policy, and that plaintiff be discharged from all liability in the premises except to the person whom the court shall adjudge entitled to the amount of said policy. (4) That plaintiff recover its costs. Source: SD RCP, Form 13. Form 14. Motion to dismiss, presenting defenses of failure to state a claim, of lack of service of process, and of lack of jurisdiction under § 15-6-12(b) The defendant moves the court as follows: 1. To dismiss the action because the complaint fails to state a claim against defendant upon which relief can be granted. 2. To dismiss the action or in lieu thereof to quash the return of service of summons on the grounds (a) that the defendant is a corporation organized under the laws of Delaware and was not and is not subject to service of process within the state of South Dakota, and (b) that the defendant has not been properly served with process in this action, all of which more clearly appears in the affidavits of M.N. and X.Y. hereto annexed as Exhibit A and Exhibit B respectively. Signed: _______________________________________________________________ Attorney for Defendant Address: _____________________________________________________________ Source: SD RCP, Form 14; SL 2023, ch 215 (Supreme Court Rule 22-14), eff. Jan. 1, 2023. Form 15. Answer presenting defenses under § 15-6-12(b) First Defense The complaint fails to state a claim against defendant upon which relief can be granted. Second Defense If defendant is indebted to plaintiff for goods mentioned in the complaint, he is indebted to them jointly with G.H. G.H. is alive; is a citizen of the state of South Dakota, is subject to the jurisdiction of the court and has not been made a party. Third Defense Defendant admits the allegation contained in paragraphs 1 and 4 of the complaint; alleges that he is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 2 of the complaint; and denies each and every other allegation contained in the complaint. Fourth Defense The right of action set forth in the complaint did not accrue within six years next before the commencement of this action. Counterclaim (Here set forth any claim as a counterclaim in the manner in which a claim is pleaded in the complaint.) Cross-Claim Against Defendant M.N. (Here set forth the claim constituting a cross - claim against defendant M.N. in the manner in which a claim is pleaded in a complaint.) Note: The above form contains examples of certain defenses provided for in § 15-6-12(b) . The first defense challenges the legal sufficiency of the complaint. It is a substitute for a general demurrer or a motion to dismiss. The second defense embodies the old plea in abatement; the decision thereon, however, may well provide under §§ 15-6-19 and 15-6-21 for the citing in of the party rather than an abatement of the action. The third defense is an answer on the merits. The fourth defense is one of the affirmative defenses provided for in § 15-6-8(c) . The answer also includes a counterclaim and a cross - claim. Source: SD RCP, Form 15. Form 16. Answer to complaint set forth in Form 7, with counterclaim for interpleader Defense Defendant admits the allegations stated in paragraph 1 of the complaint; and denies the allegations stated in paragraph 2 to the extent set forth in the counterclaim herein. Counterclaim for Interpleader 1. Defendant received the sum of _____ dollars as a deposit from E.F. 2. Plaintiff has demanded the payment of such deposit to him by virtue of an assignment of it which he claims to have received from E.F. 3. E.F. has notified the defendant that he claims such deposit, that the purported assignment is not valid, and that he holds the defendant responsible for the deposit. Wherefore defendant demands: 1. That the court order E.F. to be made a party defendant to respond to the complaint and to this counterclaim. 2. That the court order the plaintiff and E.F. to interplead their respective claims. 3. That the court adjudge whether the plaintiff or E.F. is entitled to the sum of money. 4. That the court discharge defendant from all liability in the premises except to the person it shall adjudge entitled to the sum of money. 5. That the court award to the defendant its costs and attorney's fees. Source: SD RCP, Form 16. Form 17. Motion to bring in third - party defendant Defendant moves for leave to make E.F. a party to this action and that there be served upon him summons and third - party complaint as set forth in Exhibit A hereto attached. Signed: ______________________________________________________________ Attorney for Defendant C.D. Address: ________________________________ Source: SD RCP, Form 17; SL 2023, ch 215 (Supreme Court Rule 22-14), eff. Jan. 1, 2023. Form 18. Summons and complaint against third - party defendant STATE OF SOUTH DAKOTA IN CIRCUIT COURT COUNTY OF MINNEHAHA SECOND JUDICIAL CIRCUIT A.B., Plaintiff vs. C.D., Defendant and Third - Party SUMMONS Plaintiff vs. E.F., Third - Party Defendant To the above - named Third - Party Defendant: You are hereby summoned and required to serve upon ________, plaintiff's attorney whose address is ________, and upon ________, who is attorney for C.D., defendant and third - party plaintiff, and whose address is ________, an answer to the third - party complaint which is herewith served upon you within 30 days after the service of this summons upon you exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the third - party complaint. There is also served upon you herewith a copy of the complaint of the plaintiff which you may but are not required to answer. ____________________________ Attorney for C.D. Third - Party Plaintiff STATE OF SOUTH DAKOTA IN CIRCUIT COURT COUNTY OF MINNEHAHA SECOND JUDICIAL CIRCUIT A.B., Plaintiff vs. THIRD - PARTY C.D., Defendant and Third - Party COMPLAINT Plaintiff vs. E.F., Third - Party Defendant 1. Plaintiff A.B. has filed against defendant C.D. a complaint, a copy of which is hereto attached as "Exhibit A." 2. (Here state the grounds upon which C.D. is entitled to recover from E.F., all or part of what A.B. may recover from C.D. The statement should be framed as in an original complaint.) Wherefore C.D. demands judgment against third - party defendant E.F. for all sums that may be adjudged against defendant C.D. in favor of plaintiff A.B. Signed: ________________________________ Attorney for C.D. Third - Party Plaintiff Address: ________________________________ Note: Under § 15-6-14(a) a defendant who files a third - party complaint not later than 10 days after serving his original answer need not obtain leave of court to bring in the third - party defendant by service under § 15-6-4. Form 18 is intended for use in these cases. Under § 15-6-5(a) requiring, with certain exceptions, that papers be served upon all the parties to the action, the third - party defendant, even if he makes no answer to the plaintiff's complaint, is obliged to serve upon the plaintiff a copy of his answer to the third - party complaint. Similarly, the defendant is obliged to serve upon the plaintiff a copy of the summons and complaint against the third - party defendant. Source: SD RCP, Form 18. Form 19. Notice of Hearing To: [adverse party] and [his/her/its] attorney[s], [attorney’s[s’] address]: PLEASE TAKE NOTICE that [moving party]’s [name of motion] will be brought on for hearing before the Honorable [name of judge], Circuit Court Judge, in the [name of County] County Courthouse, [City], South Dakota, on the _____ day of _________, ____, at ____ _.m., or as soon thereafter as counsel can be heard. Source: SD RCP, Form 19; SL 2023, ch 215 (Supreme Court Rule 22-14), eff. Jan. 1, 2023. Form 20. Motion to intervene as a defendant under § 15-6-24 STATE OF SOUTH DAKOTA IN CIRCUIT COURT COUNTY OF MINNEHAHA SECOND JUDICIAL CIRCUIT A.B., Plaintiff vs. MOTION TO INTERVENE C.D., Defendant AS A DEFENDANT E.F., Inc., Applicant for Intervention E.F., Inc., moves for leave to intervene as a defendant in this action, in order to assert the defenses set forth in its proposed answer, of which a copy is hereto attached, on the ground that it is the manufacturer and vendor to the defendant of the automobile described in plaintiff's complaint, the brakes of which are alleged to have been defectively manufactured; and as such, if the allegations of plaintiff's complaint be true, would be the one ultimately liable to the plaintiff, and as such has a defense to plaintiff's claim presenting both questions of law and of fact which are common to the main action. Signed: _______________________________________________________________ Attorney for E.F., Inc., Applicant for Intervention Address: ________________________________ STATE OF SOUTH DAKOTA IN CIRCUIT COURT COUNTY OF MINNEHAHA SECOND JUDICIAL CIRCUIT A.B., Plaintiff vs. INTERVENER'S ANSWER C.D., Defendant E.F., Inc., Intervener First Defense Intervener admits the allegations stated in paragraphs 1 and 4 of the complaint; denies the allegations in paragraph 3, and denies the allegations in paragraph 2 in so far as they assert that the brakes of the automobile described in plaintiff's complaint were defectively manufactured. Second Defense Plaintiff was guilty of contributory negligence which proximately caused or contributed to the accident and to the personal injuries which he sustained therein, if any, in that he drove said automobile at a high rate of speed in a negligent and careless manner after the discovery of the defective condition of the brakes which contributory negligence on the part of the plaintiff was greatly more than slight in comparison to the negligence, if any, of this intervener. Signed: _______________________________________________________________ Attorney for E.F., Inc., Intervener Address: ______________________________________________________________ Note: Under § the motion to intervene must be served upon all parties as provided in § 15 - 6 - 5. Source: SD RCP, Form 20. Form 21.Motion to Compel under § 37 . [Movant], pursuant to SDCL 15-6-37(a) , respectfully moves the Court for an order compelling [opposing party] to [specific relief sought]. The Court should enter the requested order because: 1. The discovery was properly served; 2. [Opposing party] has failed to respond to the discovery; 3. Counsel for [movant] certifies that he has, in good faith, conferred or attempted to confer with [opposing party] in an effort to secure the information or material without court action; all as set forth in the accompanying Brief in Support of [movant]’s Motion to Compel Discovery. Attach the following certification: Certification of Good Faith Efforts to Resolve Counsel for [movant] hereby certifies, pursuant to SDCL 15-6-37(a) (2), that counsel attempted, in good faith, to resolve this discovery dispute without involving the Court. On [date], the undersigned communicated to [opposing party] that [opposing party’s] responses to outstanding discovery requests were inadequate because [explain what you believe you are entitled to.] [list each successive communication, including: a. who participated, b. the date, and, if relevant, the time of each communication, and c. the manner of each communication.] Summarize the outcome of these communications, identifying the substantive dispute that has stalemated the parties’ discussions, and which the Court must resolve. Source: SD RCP, Form 21; SL 2023, ch 215 (Supreme Court Rule 22-14), eff. Jan. 1, 2023. Form 22. Request for admission under § 15-6-36 Plaintiff A.B. requests defendant C.D. within _____ days after service of this request to make the following admissions for the purpose of this action only and subject to all pertinent objections to admissibility which may be interposed at the trial: 1. That each of the following documents, exhibited with this request, is genuine. (Here list the documents and describe each document.) 2. That each of the following statements is true. (Here list the statements.) Signed: _______________________________________________________________ Attorney for Plaintiff Address: ______________________________________________________________ Source: SD RCP, Form 22 Form 23. Allegation of reason for omitting party When it is necessary, under § 15-6-19(c) , for the pleader to set forth in his pleading the names of persons who ought to be made parties, but who are not so made, there should be an allegation such as the one set out below: John Doe named in this complaint is not made a party to this action (because he is not subject to the jurisdiction of the court); (or for reasons stated). Source: SD RCP, Form 23. Form 24. Suggestion of death upon the record under § 15-6-25(a) (1) A.B. (describe as a party, or as personal representative, or other representative or successor of C.D., the deceased party) suggests upon the record, pursuant to § 15-6-25(a) (1), the death of C.D. (describe as party) during the pendency of this action. Source: SD RCP, Form 24. Form 25. Judgment on jury verdict STATE OF SOUTH DAKOTA IN CIRCUIT COURT COUNTY OF MINNEHAHA SECOND JUDICIAL CIRCUIT A.B., Plaintiff vs. JUDGMENT C.D., Defendant This action came on for trial before the Court and a jury, Honorable John Marshall, Circuit Judge, presiding, and the issues having been duly tried and the jury having duly rendered its verdict, It is Ordered and Adjudged (that the plaintiff A.B. recover of the defendant C.D. the sum of _____, with interest thereon at the rate of _____ percent as provided by law, and his costs of action in the sum of _____.) (that the plaintiff take nothing, that the action be dismissed on the merits, and that the defendant C.D. recover of the plaintiff A.B. his costs of action in the sum of _____.) Dated at Sioux Falls, South Dakota, this _____ day of _____, 20__. BY THE COURT: Judge ATTEST: ______________________________ Clerk of Courts Note: 1. This form is illustrative of the judgment to be entered upon the general verdict of a jury. It deals with the cases where there is a general jury verdict awarding the plaintiff money damages or finding for the defendant but is adaptable to other situations of jury verdicts. See §