Effective date

This chapter governs all proceedings and actions brought after July 1, 1966, and also all further proceedings in actions then pending, except to the extent that in the opinion of the court its application in a particular action pending when the rules take effect would not be feasible, or would work injustice, in which event the procedure existing at the time the action was brought applies. Source: SD RCP, Rule 86, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966. APPENDIX A. SPECIAL PROCEEDINGS (See § 15-6-81(a)) Following is a list of statutes and special proceedings which will be excepted from these rules insofar as they are inconsistent or in conflict with the procedure and practice provided by these rules: SDCL 3-5 Approval of bond of public officer. 3-17 Actions for removal of local officers. 7-32 Proceedings for abandonment and sale of county property. 9-6 Dissolution of municipalities. 11-3 Proceeding to alter or vacate plats. 12-21 Recount of ballots and certiorari to review. 12-22 General election contest. 12-22 Primary election contest. 13-17 Compromise of judgments against school districts. 15-8 Supplementary judgment against joint debtors. 15-15 Proceedings relating to unorganized counties. 21-4 Insofar as it provides for action by parent, brother, sister or person in loco parentis. 21-14, 21-41 Actions to determine adverse claims to real estate. 21-16 Forcible entry and detainer. 21-22 Administration of trusts. 21-23 Property sales in trusts, etc. 21-25 Stipulated cases. 21-26 Confession of judgment. 21-27 Habeas corpus. 21-29 Writ of mandamus. 21-30 Writ of prohibition. 21-31 Writ of certiorari. 21-34 Contempt proceedings. 21-35 Eminent domain. 21-36 Escheats. 21-37 Changing name of persons and places. 21-38 Restoration of public records. 21-44 Termination of life estates. 21-45 Partition of real estate. 21-47 Foreclosure of real estate mortgages by action. 21-51 Discharge of expired contracts, mortgages and other liens. 23-19 Adjudication of obscenity. 25-4 Divorce. 25-5 Habeas corpus to determine custody of minor. 25-7 Proceedings in transfer of property when spouse abandoned, imprisoned or committed for mental illness. 25-8 Illegitimacy. 25-9 Reciprocal enforcement of support. 31-19 Condemnation proceedings for state highways. 31-19 Eminent domain. 34A-2 Enforcement of water pollution control orders. 38-8 Enforcement of land use regulations. 39-1 Proceeding for condemnation of food or drugs. 44-9 Mechanics liens. 45-4 Survey of disputed mining claim. 45-5 Acquisition of right-of-way to mines. 46A-6 Approval of bonds of irrigation districts. 46A-10 Determination of drainage matters. 46A-13 Proceeding for interstate drainage districts. 47-6, 47-7 Proceedings by dissenting shareholders, involuntary dissolution and liquidation of business corporations. 47-18 Stockholders derivative actions, involuntary dissolution and liquidation of cooperatives. 47-26 Involuntary dissolution and liquidation of nonprofit corporations. 47-29 Proceedings for sale of land by cemetery corporations. 49-3 Compelling production of evidence before public utilities commission. 49-13 Proceedings to enforce public utilities commission orders. 49-35, 49-40 Organization and dissolution of consumer power districts. 51-27 Liquidation of banks. 54-9 Administration of assignment for benefit of creditors. Source: SD RCP, Appendix A, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966. APPENDIX B. CIRCUIT COURT RULES (See § 15-6-83 ) Following are rules of practice adopted by circuit courts which have been filed with and approved by the Supreme Court. SECOND JUDICIAL CIRCUIT CIVIL RULES CIV ONE. Repealed by Supreme Court Order eff. Aug. 5, 2010. CIV TWO. FILING OF PLEADINGS. Repealed Source: SL 1994, ch 402 (Supreme Court Order), eff. Feb. 15, 1994; repealed (Supreme Court Order), eff. December 6, 2019. CIV THREE. Repealed by SL 1999, ch 274 (Supreme Court Order), eff. Aug. 25, 1998. CIV FOUR. LIBRARY. Repealed Source: SL 1994, ch 402 (Supreme Court Order), eff. Feb. 15, 1994; repealed (Supreme Court Order), eff. December 6, 2019. CIV FIVE. DRESS CODE. Repealed Source: SL 1994, ch 402 (Supreme Court Order), eff. Feb. 15, 1994; repealed (Supreme Court Order), eff. December 6, 2019. CIV SIX. DISPENSING POWER. Repealed Source: SL 1994, ch 402 (Supreme Court Order), eff. Feb. 15, 1994; repealed (Supreme Court Order), eff. December 6, 2019. CIV SEVEN. SIGNING OF SUMMONS IN JUVENILE PROCEDURES. Repealed Source: SL 1999, ch 274 (Supreme Court Order), eff. Aug. 25, 1998; repealed (Supreme Court Order), eff. December 6, 2019. CIV EIGHT. COURT APPOINTED ATTORNEYS. Repealed Source: SL 1999, ch 274 (Supreme Court Order), eff. Aug. 25, 1998; Supreme Court Order eff. Aug. 5, 2010; repealed (Supreme Court Order), eff. December 6, 2019. CIV NINE. UNCONTESTED MOTIONS. Repealed Source: SL 1999, ch 274 (Supreme Court Order), eff. Aug. 25, 1998; repealed (Supreme Court Order), eff. December 6, 2019. CIV TEN. BRIEF TO BE FILED WITH MOTION. Repealed Source: SL 1999, ch 274 (Supreme Court Order), eff. Aug. 25, 1998; repealed (Supreme Court Order), eff. December 6, 2019. CIV ELEVEN. Repealed by Supreme Court Order eff. Aug. 5, 2010. SIXTH JUDICIAL CIRCUIT Rule 1. Notice of hearing. In addition to the time and date set for hearing, the notice of hearing on any motion (except any motion where less than eleven days notice is given) may state the last date upon which an objection, resistance or response (requiring a hearing) shall be filed and served on parties in interest, which date shall be at least three business days in advance of the date set for hearing. The notice of hearing shall also state that if no objection, resistance or response is timely filed and served, the movant need not appear at the hearing and the court may grant the relief requested without further hearing. Source: Sixth Circuit Rule 95-1. Rule 2. Length of briefs. (a) Monospaced typeface. The Appellant's or Movant's brief shall not exceed forty pages. The Appellee's or Respondent's responsive brief shall not exceed forty pages. Any reply brief submitted in the discretion of the Appellant or Movant shall not exceed twenty pages. All briefs submitted for consideration shall comply with the formatting requirements in Supreme Court Rule 13-06. No additional briefs may be submitted without prior permission of the judge assigned to the case. (b) Proportionally spaced typeface. The Appellant's or Movant's brief shall not exceed thirty-two pages. The Appellee's or Respondent's responsive brief shall not exceed thirty-two pages. Any reply brief submitted in the discretion of the Appellant or Movant shall not exceed sixteen pages. All briefs submitted for consideration shall comply with the formatting requirements of Supreme Court Rule 13-06. No additional briefs may be submitted without prior permission of the judge assigned to the case. (c) Upon approval of the judge assigned to the case, page or word limitations for briefs may be exceeded. A written request for such approval to exceed limitations shall be filed at least ten days prior to the submission date of the brief, specifying in detail the reasons why additions are necessary and stating the number of additional pages or words requested. Source: Approved by the Supreme Court May 14, 2013. SEVENTH JUDICIAL CIRCUIT PRE-TRIAL CONFERENCE CHECK LIST A pre - trial conference check list shall be prepared by counsel for each party and furnished to the Court and opposing counsel at least two business days prior to the date set for the first pre - trial conference. Said check list shall be in substantially the following form: (Material in parentheses is merely explanatory and is not a part of the form). STATE OF SOUTH DAKOTA ) SS IN CIRCUIT COURT COUNTY OF _____________ ) ________ JUDICIAL CIRCUIT (CAPTION) ) File No. ________ PRE-TRIAL CONFERENCE CHECK LIST 1. Issues remaining for trial: (Set forth the issues joined by the pleadings which have not been disposed of by pre - trial motion or agreement of the parties). 2. Fact summary: (Set forth a summary of the facts the party believes will be proven by the evidence). 3. Uncontroverted and stipulated facts: (Set forth uncontroverted and agreed upon facts, if any, and any which, although not yet agreed upon, could be). 4. Legal questions: (Set forth the legal questions raised by the issues. Either note citations here or attach a pre - trial brief with respect to these questions). 5. Witnesses--Nature of testimony and availability: (List witnesses, state nature of their testimony, whether deposition has been taken or is desired, and availability of witness--notice required, location, any problems involved, etc.) 6. Trial time: (Set forth the estimated time required for trial of the case to the 1/2 day, including impaneling of a jury, if a jury trial). 7. Date certain: (State either "Requested" or "Not Requested." If requested, set forth reason why and dates when counsel, party and witnesses will be ready and available for trial. If not requested, set forth number of days or weeks of advance notice required--if more than one week, explain). 8. Jury instructions: (In jury cases, proposed instructions shall be prepared on the issues by the party having the burden of proof on such an issue. The party bringing the action shall also prepare the general instructions, involving the burden of proof, verdict and other routine matters). (Where applicable, South Dakota Pattern Instructions shall be used. Proposed instructions shall be prepared in accordance with the provisions of SDCL 15-6-51(a) . The source of the instructions shall appear on the copies. The original and one copy shall accompany the original of the pre - trial check list furnished to the Court. Copies shall accompany copies of the check list furnished to opposing counsel). 9. Motions pending: (List motions in pleadings, etc., remaining to be disposed of). 10. Exhibits: (List all exhibits you intend to use at trial). 11. Other: (set forth other matters which you feel should be discussed at the pre - trial conference). Dated this __________ day of ________________ , 20 ____ . Attorney for: _________________________________________________ Address: ____________________________________________________ Phone: ______________________________________________________ Source: SL 1990, ch 444 (Supreme Court Order dated April 7, 1989). APPENDIX C. APPENDIX OF FORMS (See § 15-6-84 ) INTRODUCTORY STATEMENT 1. The following forms are intended for illustration only. They are limited in number. No attempt is made to furnish a manual of forms. Each form assumes the action to be brought in the Second Judicial Circuit Court in Minnehaha County, South Dakota. 2. Except where otherwise indicated each pleading, motion, and other paper should have a caption similar to that of the summons (Form 1), with the designation of the particular papers substituted for the word "Summons." In the caption of the summons and in the caption of the complaint all parties must be named but in other pleadings and papers, it is sufficient to state the name of the first party on either side, with an appropriate indication of other parties. See §§ 15-6-4(a) , 15-6-7(b) (2), and 15-6-10(a) . 3. Each pleading, motion, and other paper is to be signed in his individual name by at least one attorney of record (§ 15-6-11 ). The attorney's name is to be followed by his address as indicated in Form 2. In forms following Form 2 the signature and address are not indicated. 4. If a party is not represented by an attorney, the signature and address of the party are required in place of those of the attorney. Form 1. Summons STATE OF SOUTH DAKOTA IN CIRCUIT COURT COUNTY OF MINNEHAHA SECOND JUDICIAL CIRCUIT A.B., Plaintiff vs. SUMMONS C.D., Defendant To the Above-Named Defendant: You are hereby summoned and required to serve upon _____, plaintiff's attorney, whose address is _____, an answer to the complaint which (is herewith served upon you) 1 ((will be) 2 (was on the _____ day of _____, 20__) 3 filed in the office of the clerk of the Circuit Court of the Second Judicial Circuit at Sioux Falls in and for the County of Minnehaha, State of South Dakota,) within 30 days after 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 complaint. (This action involves, affects, or brings in question real property situated in the County of Minnehaha, State of South Dakota, described as follows: 4 The object of the above entitled action is _____ 5 (The plaintiff makes no personal claim against you in the action) 6 (This summons shall be served on (or before) the _____ day of _____, 20__) 7 __________ Attorney for Plaintiff 8 This summons, in the language of the first paragraph, with included variations, is issued pursuant to § 15-6-4. For the form of summons in actions DETERMINING ADVERSE CLAIMS TO REAL ESTATE SEE §