Title 15, CIVIL PROCEDURE

15-6-20(b) Separate trials. 15-6-21 Misjoinder and nonjoinder of parties. 15-6-22 Interpleader.

All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to al…

The court may make such orders as will prevent a party from being embarrassed, delayed, or put to expense by the inclusion of a party against whom he asserts no claim and who asserts no claim against him, and may order separate trials or make other orders to prevent delay or prej…

Misjoinder of parties is not ground for dismissal of an action. Parties may be dropped or added by order of the court on motion of any party or of its own initiative at any stage of the action and on such terms as are just. Any claim against a party may be severed and proceeded w…

Persons having claims against the plaintiff may be joined as defendants and required to interplead when their claims are such that the plaintiff is or may be exposed to double or multiple liability. It is not ground for objection to the joinder that the claims of the several clai…

15-6-23.2 Actions relating to unincorporated associations. 15-6-23(a) Prerequisites to a class action. 15-6-23(b) Class actions maintainable. 15-6-23(c) Determination by order whether class action to be maintained--Notice--Judgment--Actions conducted partially as class actions. 1…

One or more members of a class may sue or be sued as representative parties on behalf of all only if: (1) The class is so numerous that joinder of all members is impracticable; (2) There are questions of law or fact common to the class; (3) The claims or defenses of the represent…

An action may be maintained as a class action if the prerequisites of § 15-6-23(a) are satisfied, and in addition: (1) The prosecution of separate actions by or against individual members of the class would create a risk of: (A) Inconsistent or varying adjudications with respect …

(1) As soon as practicable after the commencement of an action brought as a class action, the court shall determine by order whether it is to be so maintained. An order under this section may be conditional, and may be altered or amended before the decision on the merits. (2) In …

In the conduct of actions to which § 15-6-23 applies, the court may make appropriate orders: (1) Determining the course of proceedings or prescribing measures to prevent undue repetition or complication in the presentation of evidence or argument; (2) Requiring, for the protectio…

A class action shall not be dismissed or compromised without the approval of the court, and notice of the proposed dismissal or compromise shall be given to all members of the class in such manner as the court directs. Source: SD RCP, Rule 23 (c), as adopted by Sup. Ct. Order Mar…

In a derivative action brought by one or more members to enforce a right of an unincorporated association, the association having failed to enforce a right which may properly be asserted by it, the complaint shall be verified and shall allege (1) That the plaintiff was a member a…

An action brought by or against the members of an unincorporated association as a class by naming certain members as representative parties may be maintained only if it appears that the representative parties will fairly and adequately protect the interests of the association and…

15-6-24(b) Permissive intervention. 15-6-24(c) Procedure for intervention.

Upon timely application anyone shall be permitted to intervene in an action: (1) When a statute of the state confers an unconditional right to intervene; or (2) When the applicant claims an interest relating to the property or transaction which is the subject of the action and he…

Upon timely application anyone may be permitted to intervene in an action when an applicant's claim or defense and the main action have a question of law or fact in common. When a party to an action relies for ground of claim or defense upon any statute or executive order adminis…

A person desiring to intervene shall serve a motion to intervene upon the parties as provided in § 15-6-5. The motion shall state the grounds therefor and shall be accompanied by a pleading setting forth the claim or defense for which intervention is sought. The same procedure sh…

15-6-25(a) Death of party. 15-6-25(b) Incompetency of party. 15-6-25(c) Transfer of party's interest. 15-6-25(d) Officer as party--Death or separation from office. 15-6-25(e) Judgment for possession of real property--Successor in interest--Revival.

(1) If a party dies and the claim is not thereby extinguished, the court may order substitution of the proper parties. The motion for substitution may be made by any party or by the successors or representatives of the deceased party and, together with the notice of hearing, shal…

If a party becomes incompetent, the court upon motion served as provided in § 15-6-25(a) may allow the action to be continued by or against his guardian, conservator, or guardian ad litem. Source: SDC 1939 & Supp 1960, § 33.0414; SD RCP, Rule 25 (b), as adopted by Sup. Ct. Order …

In case of any transfer of interest, the action may be continued by or against the original party, unless the court upon motion directs the person to whom the interest is transferred to be substituted in the action or joined with the original party. Service of the motion shall be…

(1) When a public officer, officer of a private corporation as such, personal representative or trustee is a party to an action in his official capacity and during its pendency dies, resigns, or otherwise ceases to hold office, the action does not abate and his successor is autom…

When a judgment is recovered for the possession of real property and the party recovering such judgment shall have died subsequent to the recovery thereof, his successor in interest in said real property, whether by grant, devise, or inheritance, may revive said judgment and enfo…

If a party is dismissed or dropped from a multiparty civil action by order of the court, the name of the dismissed or dropped party may not appear on subsequent pleadings. Source: SL 1989, ch 174 . 15-6-26 . Discovery pending action

15-6-26(b) Scope of discovery. 15-6-26(c) Protective orders. 15-6-26(d) Sequence and timing of discovery. 15-6-26(e) Supplementation of responses.

Parties may obtain discovery by one or more of the following methods: depositions upon oral examination or written questions; written interrogatories; production of documents or things or permission to enter upon land or other property, for inspection and other purposes; physical…

Unless otherwise limited by order of the court in accordance with these rules, the scope of discovery is as follows: (1) In general. Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether …

Upon motion by a party or by the person from whom discovery is sought or has been taken, or other person who would be adversely affected, accompanied by a certification that the movant has in good faith conferred or attempted to confer with other affected parties in an effort to …

Unless the court upon motion, for the convenience of parties and witnesses and in the interests of justice, orders otherwise, methods of discovery may be used in any sequence and the fact that a party is conducting discovery, whether by deposition or otherwise, shall not operate …

A party who has responded to a request for discovery with a response that was complete when made is under a duty to supplement or correct the response to include information thereafter acquired if ordered by the court or in the following circumstances: (1) A party is under a duty…

15-6-27(b) Depositions pending appeal. 15-6-27(c) Perpetuation of testimony by action.

(1) Petition. A person who desires to perpetuate the person's own testimony or that of another person regarding any matter that may be cognizable in any court of this state may file a verified petition in the circuit court in any county which would be the proper place of trial of…

If an appeal has been taken from a judgment of a trial court of record or before the taking of an appeal if the time therefor has not expired, the court in which the judgment was rendered may allow the taking of the depositions of witnesses to perpetuate their testimony for use i…

Section 15-6-27 does not limit the power of a court to entertain an action to perpetuate testimony. Source: SDC 1939 & Supp 1960, § 36.0529; SD RCP, Rule 27 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966. 15-6-28 15-6-28. Persons before whom depositions …

15-6-28.2 Definitions. 15-6-28.3 Issuance of subpoena for interstate depositions and discovery. 15-6-28.4 Service of subpoena for interstate depositions and discovery. 15-6-28.5 Deposition, production, inspection, witness fees, expenses, place of examination, attendance where req…

Within the United States or within a territory or insular possession subject to the jurisdiction of the United States, depositions shall be taken before an officer authorized to administer oaths by the laws of this state, the United States or of the place where the examination is…

In a foreign country, depositions may be taken: (1) Pursuant to any applicable treaty or convention; (2) Pursuant to a letter of request (whether or not captioned a letter rogatory); (3) On notice before a person authorized to administer oaths in the place in which the examinatio…

No deposition shall be taken before a person who is a relative or employee or attorney or counsel of any of the parties, or is a relative or employee of such attorney or counsel, or is financially interested in the action. An employee, as described above, includes a person who ha…

Sections 15-6-28.1 to 15-6-28.6 , inclusive, shall govern depositions and discovery conducted in South Dakota in connection with a civil lawsuit brought in another state. Source: SL 2012, ch 256 (Supreme Court Rule 12-02), eff. July 1, 2012.

In §§ 15-6-28.1 to 15-6-28.6 , inclusive: (1) "Foreign jurisdiction" means a state other than this state. (2) "Foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdiction. (3) "Person" means an individual, corporation, business trust, …

(A) To request issuance of a subpoena under §§ 15-6-28.1 to 15-6-28.6 , inclusive, a party must submit a foreign subpoena to a clerk of court in the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under §§ 15-6-28.1 to 1…

A subpoena issued by a clerk of court under §§ 15-6-28.1 to 15-6-28.6 , inclusive, must be served in compliance with § 15-6-45(c). Source: SL 2012, ch 256 (Supreme Court Rule 12-02), eff. July 1, 2012.

All other provisions of § 15-6-45 shall also apply to subpoenas issued under §§ 15-6-28.1 to 15-6-28.6 , inclusive. Source: SL 2012, ch 256 (Supreme Court Rule 12-02), eff. July 1, 2012.

An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under §§ 15-6-28.1 to 15-6-28.6 , inclusive, must comply with the rules or laws of South Dakota and be submitted to the court in the county in which discovery …

If the parties so stipulate in writing, depositions may be taken before any person, at any time or place, upon any notice, and in any manner and when so taken may be used like other depositions. Source: SDC 1939 & Supp 1960, § 36.0512; SD RCP, Rule 29, as adopted by Sup. Ct. Orde…

A civil action is commenced as provided in §§ 15-2-30 and 15-2-31 . Source: SD RCP, Rule 3, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.