Title 15, CIVIL PROCEDURE

A joint tort - feasor is not entitled to a money judgment for contribution until he has by payment discharged the common liability or has paid more than his pro rata share thereof. Source: SL 1945, ch 167 , § 2; SDC Supp 1960, § 33.04A03 (2).

A joint tort - feasor who enters into a settlement with the injured person is not entitled to recover contribution from another joint tort - feasor whose liability to the injured person is not extinguished by the settlement. Source: SL 1945, ch 167 , § 2; SDC Supp 1960, § 33.04A0…

When there is such a disproportion of fault among joint tort - feasors as to render inequitable an equal distribution among them of the common liability by contribution, the relative degrees of fault of the joint tort - feasors shall be considered in determining their pro rata sh…

If the court enters judgment against any party liable on the basis of joint and several liability, any party who is allocated less than fifty percent of the total fault allocated to all the parties may not be jointly liable for more than twice the percentage of fault allocated to…

In determining the percentages of fault, the trier of fact shall consider both the nature of the conduct of each party at fault and the extent of the causal relation between the conduct and the damages claimed. The trier of fact may determine that two or more persons are to be tr…

The recovery of a judgment by the injured person against one joint tort - feasor does not discharge the other joint tort - feasors. Source: SL 1945, ch 167 , § 3; SDC Supp 1960, § 33.04A04.

A release by the injured person of one joint tort - feasor, whether before or after judgment, does not discharge the other tort - feasors unless the release so provides; but reduces the claim against the other tort - feasors in the amount of the consideration paid for the release…

A release by the injured person of one joint tort - feasor does not relieve him from liability to make contribution to another joint tort - feasor unless the release is given before the right of the other tort - feasor to secure a money judgment for contribution has accrued, and …

Sections 15-8-11 to 15-8-22 , inclusive, do not impair any right of indemnity under existing law. Source: SL 1945, ch 167 , § 6; SDC Supp 1960, § 33.04A07.

If an action be against defendants jointly indebted upon contract, the plaintiff may proceed against the defendant served unless the court otherwise direct; and if he recover judgment, it may be entered against all the defendants thus jointly indebted so far only as that it may b…

If any provision of §§ 15-8-11 to 15-8-22 , inclusive, or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of said sections which can be given effect without the invalid provision or applicat…

Sections 15-8-11 to 15-8-22 , inclusive, may be cited as the uniform contribution among tort - feasors law. Source: SL 1945, ch 167 , § 10; SDC Supp 1960, § 33.04A01.

If the name of one or more partners shall, for any cause, have been omitted in any action in which judgment shall have been taken against the defendants named in the summons and such omission shall not have been pleaded in such action, the plaintiff, in case the judgment therein …

When a judgment shall be recovered against one or more of several persons jointly indebted upon a contract, by proceeding as provided in §§ 15-8-1 to 15-8-3 , inclusive, those who were not originally summoned to answer the complaint, and did not appear in the action, may be summo…

The summons provided in § 15-8-4 must be subscribed by the judgment creditor or his attorney; must describe the judgment and require the person summoned to show cause within thirty days after the service of the summons; and must be served in like manner as the original summons. S…

It is not necessary to file a new complaint in a proceeding authorized by § 15-8-4 , but the summons must be accompanied by an affidavit of the person subscribing it that the judgment has not been satisfied, to his knowledge or information and belief, and must specify the amount …

The party summoned pursuant to § 15-8-4 may answer within the time specified in § 15-8-5 , denying the judgment or setting up any defense which may have arisen subsequently; and he may make the same defense which he might have originally made to the action, except the statute of …

The party issuing summons pursuant to § 15-8-4 may reply to the answer, and the issues may be tried and judgment may be given in the same manner as in an action. Source: SDC 1939 & Supp 1960, § 33.2304.

The answer and the reply described by §§ 15-8-7 and 15-8-8 must be verified in like cases and manner, and be subject to the same rules as the answer and reply in an action. Source: SDC 1939 & Supp 1960, § 33.2304.