Title 15, CIVIL PROCEDURE

Any judgment or transcript of a judgment rendered or docketed in small claims court shall be cancelled and discharged by the clerk of courts upon written notice by either the party in whose favor the judgment was obtained or that party's attorney. Source: SL 1988, ch 179 .

When a minor is a party to a small claims action, a parent or guardian or conservator shall be considered a guardian ad litem for purpose of commencing said action or receiving service thereof. Source: Supreme Court Rule 81-4; SL 1993, ch 213 , § 92.

The following forms are prescribed for use in small claims procedure, but failure to use or fill out completely or accurately any of the same shall not avoid any acts done pursuant to this chapter provided compliance with the preceding sections is made and the information require…

Notwithstanding any other provision of law, a parent, guardian, or custodian is entitled to use the procedures provided in this chapter to collect unreimbursed medical or health care costs incurred on behalf of a child from the other responsible parent. Source: SL 2005, ch 134 , …

Except as otherwise provided in § 15-40-2 , the provisions of this chapter apply to a cause of action against a person based on the person's protected public expression. For purposes of this chapter, "protected public expression" includes: (1) Communication in a legislative, exec…

The court shall rule on a motion under § 15-40-3 no later than sixty days after a hearing under § 15-40-7 . Source: SL 2026, ch 91 , § 10.

A moving party may appeal as a matter of right from an order denying, in whole or in part, a motion under § 15-40-3 . The appeal must be filed no later than thirty days after entry of the order. Source: SL 2026, ch 91 , § 11.

The court shall award court costs, reasonable attorney fees, and reasonable litigation expenses related to a motion filed under § 15-40-3 : (1) To the moving party, if the moving party prevails on the motion; or (2) To the responding party, if the responding party prevails on the…

The provisions of this chapter must be broadly construed and applied to protect the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association, guaranteed by the United States Constitution and the South Dakota Con…

The provisions of this chapter do not apply to a cause of action asserted: (1) Against a governmental unit or an employee or agent of a governmental unit acting or purporting to act in an official capacity; (2) By a governmental unit or an employee or agent of a governmental unit…

No later than sixty days after a party is served with a complaint, crossclaim, counterclaim, third-party complaint, or other pleading that asserts a cause of action to which the provisions of this chapter apply, or at a later time upon a showing of good cause, the party may file …

Except as otherwise provided in §§ 15-40-5 and 15-40-6 , upon the filing of a motion under § 15-40-3 : (1) All other proceedings between the moving party and responding party, including discovery and a pending hearing or motion, are stayed; and (2) On further motion by the moving…

During a stay under § 15-40-4 , the court may hear and rule on: (1) A motion unrelated to the motion under § 15-40-3 ; and (2) A motion seeking a special or preliminary injunction to protect against an imminent threat to public health or safety. Source: SL 2026, ch 91 , § 5.

A stay under § 15-40-4 does not apply to: (1) A motion under § 15-40-12 for costs, attorney fees, and expenses; or (2) A party's ability to voluntarily dismiss a cause of action or part of a cause of action, or a motion to sever a cause of action. Source: SL 2026, ch 91 , § 6.

The court shall hear a motion under § 15-40-3 no later than sixty days after the filing of the motion, unless the court orders a later hearing: (1) To allow limited discovery under § 15-40-4 ; or (2) For other good cause. If the court orders a later hearing under subdivision (1),…

In ruling on a motion under § 15-40-3 , the court shall consider the pleadings, the motion, any reply or response to the motion, and any evidence that could be considered in ruling on a motion for summary judgment. Source: SL 2026, ch 91 , § 8.

In ruling on a motion under § 15-40-3 , the court shall dismiss with prejudice a cause of action, or part of a cause of action, if: (1) The moving party establishes under § 15-40-1 that the provisions of this chapter apply; (2) The responding party fails to establish under § 15-4…