Title 15 — CIVIL PROCEDURE
48 chapters · 792 sections in this title.
SDCL § 15-11-1 Trial calendar
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The clerk of courts shall keep a trial calendar under the direction of the presiding judge of the circuit. Source: SDC 1939 & Supp 1960, § 33.1112; Supreme Court Rule 80-13. 15-11-2. Repealed by Supreme Court Rule 80-15
SDCL § 15-11-10 Terms imposed on continuance or postponement
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Every continuance or postponement granted upon application shall be upon such terms as the court may impose. Source: SDC 1939 & Supp 1960, § 33.1117.
SDCL § 15-11-10.1 Continuance by stipulation of all parties
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After a certificate of readiness has been filed in a civil matter, all of the parties to the action may stipulate in writing for a continuance. After the stipulation has expired, the court shall notify the parties and set the matter for trial. Source: SL 1984, ch 145 .
SDCL § 15-11-11 Dismissal for want of prosecution
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The court may dismiss any civil case for want of prosecution upon written notice to counsel of record where the record reflects that there has been no activity for one year, unless good cause is shown to the contrary. The term "record," for purposes of establishing good cause, sh…
SDCL § 15-11-3 Designation of days for trial of issues of law
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The court will from time to time designate days upon which issues of law will be tried. Source: SDC 1939 & Supp 1960, § 33.1112; Supreme Court Rule 80-15.
SDCL § 15-11-4 Postponement of trial or hearing
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When an action or proceeding is called for trial or hearing, or at any time previous thereto, the court or judge may, upon good cause shown, direct the trial or hearing to be postponed to another day of the same or next term, or to such time as shall be just in view of all the ci…
SDCL § 15-11-5 Postponement during legislative session when legislator is party or attorney--Notice of intention to apply
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Whenever any action or proceeding, including a contested small claims action other than for attachment, garnishment, arrest and bail, claim and delivery, injunction, receivership, and deposit in court, to which any member of the Legislature is a party or in which any member of th…
SDCL § 15-11-6 Time for application for continuance--Written motion and affidavit required--Hearing
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All applications for continuance must be made, by motion, not less than ten calendar days prior to the day set for commencement of the trial, unless the cause for continuance shall have arisen or come to the knowledge of the party subsequent to that time, in which case the motion…
SDCL § 15-11-7 Affidavit to support continuance on absence of witness--Contents
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An application for continuance on account of the absence of a witness must be supported by the affidavit of the party, his agent, or attorney, stating: (1) The name and residence of such witness, or if unknown, the efforts made to ascertain the same; (2) The testimony such witnes…
SDCL § 15-11-8 Counteraffidavits on application for continuance
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No counteraffidavits shall be allowed upon an application for a continuance, except those offered to show want of diligence or that the application is not made in good faith. Source: SDC 1939 & Supp 1960, § 33.1117.
SDCL § 15-11-9 Admission of testimony to avoid continuance--Reading of testimony
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Unless, in the opinion of the court, justice shall require it, the trial will not be continued or postponed on account of the absence of a witness, if the adverse party will admit that the witness, if present, would testify as stated in the affidavit; but in such case the applica…