Title 15, CIVIL PROCEDURE

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.

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…

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…

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…

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…

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.

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…