Title 15 — CIVIL PROCEDURE

At the discretion of the court, all traffic offense proceedings may be conducted by interactive audiovisual device. Source: SL 2007, ch 301 (Supreme Court Rule 06-69), eff. Jan. 1, 2007.

At the discretion of the court, whenever the law requires a defendant in a misdemeanor or felony criminal case to appear before a judge or magistrate for an initial or subsequent appearance, bail, arraignment, or other pre-trial proceeding, the proceeding may be conducted by inte…

At the discretion of the court, misdemeanor plea hearings and misdemeanor sentence hearings may be conducted by interactive audiovisual device. Source: SL 2007, ch 301 (Supreme Court Rule 06-69), eff. Jan. 1, 2007.

At the discretion of the court, post-conviction proceedings, including habeas corpus proceedings, may be conducted by interactive audiovisual device. Source: SL 2007, ch 301 (Supreme Court Rule 06-69), eff. Jan. 1, 2007.

At the discretion of the court, interactive audiovisual devices may be used to conduct detention, advisory, status, admissions, change of plea, dispositional and review hearings in juvenile court. Judges may, in their discretion, require legal counsel or, if proceeding pro se, a …

At the discretion of the court, civil commitment hearings may be conducted by interactive audiovisual device. Source: SL 2007, ch 301 (Supreme Court Rule 06-69), eff. Jan. 1, 2007.

At the discretion of the prosecuting attorney, grand jury proceedings, including taking testimony of witnesses, may be conducted by interactive audiovisual device. Source: SL 2007, ch 301 (Supreme Court Rule 06-69), eff. Jan. 1, 2007.

Use of interactive audiovisual device will not be permitted to conduct any felony plea hearings, any stage of trial, felony sentencing, or probation revocation hearing unless all parties to the proceeding stipulate to the use of the interactive audiovisual device for one of the a…

Ct. Order March 29, 1966, effective July 1, 1966. 15-6-4(a). Summons--Form. The summons shall be legibly subscribed by the plaintiff or his attorney and shall include the subscriber's address. It shall be directed to the defendant, and shall require him to answer the complaint an…

This chapter governs the procedure in the circuit courts of the State of South Dakota in all suits of a civil nature, with the exceptions stated in §

15-6-10(b) Paragraphs--Separate statements. 15-6-10(c) Adoption by reference--Exhibits. 15-6-10(d) Roman numerals--Use--Restrictions. 15-6-10(e) Formatting of pleadings. 15-6-11

15-6-12(b) Manner of presenting defenses and objections. 15-6-12(c) Motion for judgment on the pleadings. 15-6-12(d) Preliminary hearings. 15-6-12(e) Motion for more definite statement. 15-6-12(f) Motion to strike. 15-6-12(g) Consolidation of defenses in motion. 15-6-12(h) Waiver…

A third - party defendant may proceed under § 15-6-14 against any person not a party to the action who is or may be liable to him for all or part of the claim made in the action against the third - party defendant. The court may render such judgments, one or more in number, as ma…

15-6-14(b) When plaintiff may bring in third party. 15-6-15

15-6-15(b) Amendments to conform to the evidence. 15-6-15(c) Relation back of amendments to pleadings. 15-6-15(d) Supplemental pleadings. 15-6-16 Pretrial procedure--Formulating issues. 15-6-17

Prior to the trial of any action, the court, either on its own motion or the motion of any party, shall, after consulting with the attorneys for the parties and any unrepresented parties, enter a scheduling order that limits the time: (1) To join other parties and to amend the pl…

15-6-17(b) Capacity to sue or be sued. 15-6-17(c) Representation of minors or incompetent persons. 15-6-18

Ordinarily each claim should be stated in a separate division of the complaint, and the divisions should be designated as counts successively numbered. In particular this chapter permits alternative and inconsistent pleading. See Form 11. Source: SD RCP, Form 2. Form 3. Complaint…

No defense or objection is waived by being joined with one or more other defenses or objections in a responsive pleading or motion. If a pleading sets forth a claim for relief to which the adverse party is not required to serve a responsive pleading, the party may assert at the t…

There shall be one form of action to be known as a "civil action." The distinction between actions at law and suits in equity, and the forms of all such actions and suits, are abolished in this state. Source: SDC 1939 & Supp 1960, § 33.0101; SD RCP, Rule 2, as adopted by Sup. Ct.…

Ct. Order March 29, 1966, effective July 1, 1966. 15-6-23. Class actions 15-6-23(a). Prerequisites to a class action. 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 …

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…

Ct. Order No. 2, March 31, 1969, effective July 1, 1969. 15-6-20. Permissive joinder of parties 15-6-20(a). Permissive joinder. 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 o…

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. 15-6-25

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. 15-6-26

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 .

Discovery methods. 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…

15-6-27(b) Depositions pending appeal. 15-6-27(c) Perpetuation of testimony by action. 15-6-28

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…

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 …

Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 86-3. 15-6-28(b). Taking depositions in foreign countries. 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…

A civil action is commenced as provided in §§ 15-2-30 and

15-6-30(b) Notice of examination--General requirements--Special notice--Nonstenographic recording--Production of documents and things--Deposition of organization. 15-6-30(c) Examination and cross-examination--Record of examination--Oath--Objection. 15-6-30(d) Schedule and duratio…

15-6-31(b) Officer to take responses and prepare record. 15-6-31(c) Notice of filing. 15-6-31(d) 15-6-31(d) . Superseded 15-6-32

15-6-32(b) Objections to admissibility. 15-6-32(c) Effect of taking or using deposition. 15-6-32(d) Effect of errors and irregularities in depositions. 15-6-33

Each side may serve no more than 10 requests for production, including all discrete subparts, on any other side under §

Each side may serve no more than 10 requests for admission, including all discrete subparts, on any other side under §

(4) Use of Deposition. If a deposition to perpetuate testimony is taken under this chapter or if, although not so taken, it would be admissible in evidence in the courts of the state in which it is taken, or the courts of the United States, it may be used in any action involving …

(D) Depositions upon oral examination. (i) Parties. One deposition of each party may be taken. With regard to corporations, partnerships, voluntary associations, or any other groups or entities named as a party, one representative deponent may be deposed. (ii) Other deponents. Ea…

Ct. Order March 29, 1966, effective July 1, 1966; SL 1986, ch 160 , § 1; SL 2006, ch 282 (Supreme Court Rule 06-08), eff. July 1, 2006. 15-6-11(e). Appeal to Supreme Court--Award of attorneys' fees and costs on appeal. The Supreme Court shall consider all appeals pursuant to §§ 1…

15-6-38(b) Demand for jury trial. 15-6-38(c) Specification of issues in demand for jury trial. 15-6-38(d) Waiver of jury trial. 15-6-39

The court may order a speedy hearing of an action for a declaratory judgment and may advance it on the calendar. Source: SD RCP, Rule 57, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.