Title 15, CIVIL PROCEDURE

(1) If the renewed motion for judgment as a matter of law, provided for in § 15-6-50(b), is granted, the court shall also rule on the motion for a new trial, if any, by determining whether it should be granted if the judgment is thereafter vacated or reversed, and shall specify t…

If the motion for judgment as a matter of law is denied, the party who prevailed on that motion may, as respondent, assert grounds entitling the party to a new trial in the event the Supreme Court concludes that the trial court erred in denying the motion for judgment. If the Sup…

15-6-51(b) Instructions. 15-6-51(c) Objections. 15-6-51(d) Assigning error--Plain error.

(1) A party may, at the close of the evidence or at an earlier reasonable time that the court directs, file and furnish to every other party written requests that the court instruct the jury on the law as set forth in the requests. (2) After the close of the evidence, a party may…

The court: (1) Must inform the parties of its proposed instructions and proposed action on the requests before instructing the jury and before final jury arguments; (2) Must give the parties an opportunity to object on the record and out of the jury's hearing to the proposed inst…

(1) A party who objects to an instruction or the failure to give an instruction must do so on the record, stating distinctly the matter objected to and the grounds of the objection. (2) An objection is timely if: (A) A party that has been informed of an instruction or action on a…

(1) A party may assign as error: (A) An error in an instruction actually given if that party made a proper objection under § 15-6-51(c); or (B) A failure to give an instruction if that party made a proper request under § 15-6-51(a), and--unless the court made a definitive ruling …

15-6-52(b) Waiver of findings and conclusions of law.

In all actions tried upon the facts without a jury or with an advisory jury, the court shall, unless waived as provided in § 15-6-52(b), find the facts specially and state separately its conclusions of law thereon, and judgment shall be entered pursuant to § 15-6-58 . In granting…

Findings of fact and conclusions of law are waived by failing to appear at the trial, by consent in writing filed with the clerk, by oral consent in open court, or by entering into a stipulation of facts for consideration by the court. Source: SDC 1939 & Supp 1960, §§ 33.1304, 33…

15-6-53(b) Reference. 15-6-53(c) Powers of referee. 15-6-53(d) Proceedings before referee. 15-6-53(e) Report of referee.

A court in which any action is pending may appoint a referee therein. A referee must not have a relationship to the parties, counsel, action, or court that would require disqualification of a judge under the Code of Judicial Conduct, unless the parties consent with the court's ap…

Except as provided in chapter 25-7A , a reference to a referee shall be the exception and not the rule. In actions to be tried by a jury, a reference shall be made only when the issues are complicated; in actions to be tried without a jury, save in matters of account and difficul…

The order of reference to the referee may specify or limit his powers and may direct him to report only upon particular issues or to do or perform particular acts or to receive and report evidence only and may fix the time and place for beginning and closing the hearings and for …

(1) Meetings. When a reference is made, the clerk shall forthwith furnish the referee with a copy of the order of reference. Upon receipt thereof unless the order of reference otherwise provides, the referee shall forthwith set a time and place for the first meeting of the partie…

(1) Contents and Filing. The referee shall prepare a report upon the matters submitted to him by the order of reference and, if required to make findings of fact and conclusions of law, he shall set them forth in the report. He shall file the report with the clerk of the court an…

15-6-54(b) Judgment upon multiple claims or involving multiple parties. 15-6-54(c) Demand for judgment. 15-6-54(d) Judgment for costs--Attorneys' fees.

"Judgment" as used in this chapter includes a decree and means the final determination of the rights of the parties in an action or proceeding. A judgment shall not contain a recital of pleadings, the report of a referee, or the record of prior proceedings. Every direction of a c…

When multiple claims for relief or multiple parties are involved in an action, the court may direct the entry of a final judgment as to one or more but fewer than all of the claims or parties only upon an express determination that there is no just reason for delay and upon an ex…

A judgment by default shall not be different in kind from or exceed in amount that prayed for in the demand for judgment. Except as to a party against whom a judgment is entered by default, every final judgment shall grant the relief to which the party in whose favor it is render…

(1) Costs and disbursements other than attorneys' fees. Except as otherwise provided by statute, costs and disbursements, other than attorneys' fees, shall be allowed as of course to the prevailing party unless the court otherwise directs. If a party wishes to have disbursements …

15-6-55(b) Default judgment. 15-6-55(c) Setting aside default. 15-6-55(d) Plaintiffs, counterclaimants and cross-claimants entitled to default.

When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by this chapter that fact shall be made to appear by affidavit. Source: SD RCP, Rule 55 (a), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 19…

Judgment by default may be entered as follows: (1) By the Court. In all cases the party entitled to a judgment by default shall apply to the court therefor; but no judgment by default shall be entered against a minor or incompetent person unless represented in the action by a gua…

For good cause shown the court may set aside a judgment by default in accordance with § 15-6-60(b). Source: SD RCP, Rule 55 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 84-6.

The provisions of § 15-6-55 apply whether the party entitled to the judgment by default is a plaintiff, a third - party plaintiff, or a party who has pleaded a cross - claim or counterclaim. In all cases a judgment by default is subject to the limitations of § 15-6-54(c). Source:…

15-6-56(b) Summary judgment for defending party. 15-6-56(c) Motion for summary judgment and proceedings thereon. 15-6-56(d) Case not fully adjudicated on motion for summary judgment. 15-6-56(e) Form of affidavits for summary judgment--Further testimony--Defense required. 15-6-56(…

A party seeking to recover upon a claim, counterclaim, or cross - claim or to obtain a declaratory judgment may, at any time after the expiration of thirty days from the commencement of the action or after service of a motion for summary judgment by the adverse party, move with o…

A party against whom a claim, counterclaim, or cross - claim is asserted or a declaratory judgment is sought may, at any time, move with or without supporting affidavits for a summary judgment in his favor as to all or any part thereof. Source: SD RCP, Rule 56 (b), as adopted by …

Unless different periods are fixed or permitted by order of the court, the motion and supporting brief, statement of undisputed material facts, and any affidavits shall be served not later than twenty-eight calendar days before the time specified for the hearing; any response or …

If on motion under § 15-6-56 judgment is not rendered upon the whole case or for all the relief asked and a trial is necessary, the court at the hearing of the motion, by examining the pleadings and the evidence before it and by interrogating counsel, shall if practicable ascerta…

Supporting and opposing affidavits shall be made on personal knowledge, shall set forth such facts as would be admissible in evidence, and shall show affirmatively that the affiant is competent to testify to the matters stated therein. Sworn or certified copies of all papers or p…

Should it appear from the affidavits of a party opposing the motion that he cannot for reasons stated present by affidavit facts essential to justify his opposition, the court may refuse the application for judgment or may order a continuance to permit affidavits to be obtained o…

Should it appear to the satisfaction of the court at any time that any of the affidavits presented pursuant to § 15-6-56 are presented in bad faith or solely for the purpose of delay, the court shall forthwith order the party employing them to pay to the other party the amount of…

The procedure for obtaining a declaratory judgment pursuant to chapter 21-24 , shall be in accordance with this chapter, and the right to trial by jury may be demanded under the circumstances and in the manner provided in §§ 15-6-38 and 15-6-39 . The existence of another adequate…

Source: SL 2025, ch 226 (Supreme Court Rule 25-07), eff. Apr. 1, 2025. Commission Note: The prior § 15-6-58 was transferred to § 15-6-58(a) upon the effective date of Supreme Court Rule 25-07.

Subject to the provisions of § 15-6-54(b) , judgment upon the jury verdict or upon the decision of the court, shall be promptly rendered. Every judgment shall be set forth on a separate document. A judgment or an order becomes complete and effective when reduced to writing, signe…

A party directed by the court to prepare an order or judgment without findings of fact and conclusions of law shall prepare a proposed order or judgment and provide it to all parties within five days of being directed. Thereafter, the parties shall have five days in which to conf…

15-6-59(b) Time for motion for new trial--Rulings thereon--Extension of time. 15-6-59(c) Hearing and answering affidavits on motion for new trial. 15-6-59(d) New trial on initiative of court. 15-6-59(e) Procedure upon hearing of motion for new trial. 15-6-59(f) Motion for new tri…

A new trial may be granted to all or any of the parties and on all or part of the issues for any of the following causes: (1) Irregularity in the proceedings of the court, jury, or adverse party or any order of the court or abuse of discretion by which either party was prevented …

The motion for a new trial stating the grounds thereof shall be served and filed not later than ten days after the notice of entry of the judgment. The court shall make and file the order granting or denying such new trial within twenty days after the service and filing of such m…

Upon the presentation of such motion the court shall by order fix the time and place for hearing thereof, and in such order shall fix the time for service thereof, and for answering said motion and for service of answering affidavits, if any. Source: SDC 1939 & Supp 1960, § 33.16…

Not later than ten days after entry of judgment the court of its own initiative may order a new trial for any reason for which it might have granted a new trial on motion of a party. After giving the parties notice and an opportunity to be heard on the matter, the court may grant…

On the hearing reference may be had in all cases to the pleadings, orders, rulings and files of the court, and to depositions, documentary evidence, shorthand report, and transcript, if one has been made, and the court may take the testimony of witnesses as to causes enumerated i…

A motion for a new trial shall not be necessary as a prerequisite to obtain appellate review as to matters specified in subdivisions 15-6-59(a)(6) and (7), and all of such matters may be reviewed on an appeal from the judgment, regardless of whether a motion for a new trial has b…

The trial court when granting a motion for new trial shall in its order specify each and every ground upon which it bases such order; all grounds urged upon such motion and not specified in the order shall be deemed to have been overruled by the trial court. Source: SDC 1939 & Su…