Title 15 — CIVIL PROCEDURE

Actions for the following causes must be tried in the county in which the subject of the action, or some part thereof, is situated, subject to the power of the court to change the place of trial in the cases provided by the statute: (1) For the recovery of real property, or of an…

If the county designated for that purpose in the complaint is not the proper county, the action may, notwithstanding, be tried therein unless the defendant, before the time for answering expires, demands in writing that the trial be had in the proper county, and the place of tria…

The court may change the place of trial in the following cases: (1) When the county designated for that purpose in the complaint is not the proper county; (2) Where there is reason to believe that an impartial trial cannot be had therein; (3) When the convenience of witnesses, an…

When the place of trial is changed all other proceedings shall be had in the county to which the place of trial is changed, unless otherwise provided by the consent of the parties, in writing, duly filed, or by order of the court; and the papers shall be filed or transferred acco…

If the county designated is not the proper county and where the court changes the place of trial on account of the action having been brought in the wrong county, the court, in its order granting the change of place of trial, may in its discretion allow to the moving party such t…

The court may change the venue of trial or hearing in postjudgment divorce, paternity, or separate maintenance actions if: (1) The parties no longer reside in the county where the action was decided; or (2) The parties agree; or (3) Convenience of witnesses or the ends of justice…

Actions for the following causes, or upon the following instruments, must be tried in the county where the cause, or some part thereof, arose, or the forfeiture was declared, subject to the power of the court to change the place of trial: (1) For the recovery of a penalty or forf…

Actions on a life, health, or accident insurance policy issued by a company organized under the laws of this state shall be tried in the county where the insured resided at the time a liability is alleged to have accrued under the policy. Source: SDC 1939, § 33.0302; SL 1943, ch …

Actions on a fidelity bond executed by a surety, fidelity, or guaranty company organized under the laws of this state shall be tried in the county where the default or defalcation provided against in the bond occurred. Source: SDC 1939, § 33.0302; SL 1943, ch 123 .

Actions on contracts, surety bonds, or bonds of indemnity or liability, other than those referred to in § 15-5-4 , issued by any such company or companies shall be brought and tried in the county where the indemnified resides at the time said action is commenced; or in the county…

In all other cases, except as provided in § 15-5-7 , 15-5-8 , or 15-5-8.1 , the action shall be tried in the county in which the defendant or defendants, or any of them, shall reside at the commencement of the action. However, if none of the defendants reside in the state, the ac…

An action upon a promissory note against persons, any one of whom resides in the state at the commencement of the action and was a party to said note when first delivered, shall be tried in the county in which some defendant who was a party to said note when first delivered shall…

Actions for conversion of personal property, or for the recovery of damages to persons or property, may at the option of the plaintiff be brought and tried in the county where the damages were inflicted or the cause of action arose. Source: SDC 1939 & Supp 1960, § 33.0304.

Any breach of contract action between a lessor and a lessee that arises out of a real property lease agreement shall be tried in the county in which any portion of the real property subject to the lease agreement is located. Source: SL 2016, ch 110 , § 1.

Whenever the plaintiff in any action adds to the real party defendant the name of any other party for the purpose of controlling the venue, the court shall upon motion of the proper party defendant dismiss the action. Source: SDC 1939 & Supp 1960, § 33.0304.