Title 15, CIVIL PROCEDURE

The provisions of this chapter must be broadly construed and applied to protect the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association, guaranteed by the United States Constitution and the South Dakota Con…

The provisions of this chapter do not apply to a cause of action asserted: (1) Against a governmental unit or an employee or agent of a governmental unit acting or purporting to act in an official capacity; (2) By a governmental unit or an employee or agent of a governmental unit…

No later than sixty days after a party is served with a complaint, crossclaim, counterclaim, third-party complaint, or other pleading that asserts a cause of action to which the provisions of this chapter apply, or at a later time upon a showing of good cause, the party may file …

Except as otherwise provided in §§ 15-40-5 and 15-40-6 , upon the filing of a motion under § 15-40-3 : (1) All other proceedings between the moving party and responding party, including discovery and a pending hearing or motion, are stayed; and (2) On further motion by the moving…

During a stay under § 15-40-4 , the court may hear and rule on: (1) A motion unrelated to the motion under § 15-40-3 ; and (2) A motion seeking a special or preliminary injunction to protect against an imminent threat to public health or safety. Source: SL 2026, ch 91 , § 5.

A stay under § 15-40-4 does not apply to: (1) A motion under § 15-40-12 for costs, attorney fees, and expenses; or (2) A party's ability to voluntarily dismiss a cause of action or part of a cause of action, or a motion to sever a cause of action. Source: SL 2026, ch 91 , § 6.

The court shall hear a motion under § 15-40-3 no later than sixty days after the filing of the motion, unless the court orders a later hearing: (1) To allow limited discovery under § 15-40-4 ; or (2) For other good cause. If the court orders a later hearing under subdivision (1),…

In ruling on a motion under § 15-40-3 , the court shall consider the pleadings, the motion, any reply or response to the motion, and any evidence that could be considered in ruling on a motion for summary judgment. Source: SL 2026, ch 91 , § 8.

In ruling on a motion under § 15-40-3 , the court shall dismiss with prejudice a cause of action, or part of a cause of action, if: (1) The moving party establishes under § 15-40-1 that the provisions of this chapter apply; (2) The responding party fails to establish under § 15-4…