Title 15 — CIVIL PROCEDURE

15-6-40(b) 15-6-40(b) . Repealed by SL 1993, ch 386 15-6-40(c) Proceeding in absence of party. 15-6-41

15-6-41(b) Involuntary dismissal--Effect thereof. 15-6-41(c) Dismissal of counterclaim, cross-claim, or third-party claim. 15-6-41(d) Costs of previously dismissed action. 15-6-42

15-6-42(b) Separate trials. 15-6-43

Source: SD RCP, Rule 44.1, as adopted by Sup. Ct. Order No. 2, March 31, 1969, effective July 1, 1969. 15-6-45. Subpoena 15-6-45(a) . Subpoena for attendance of witnesses and for production of documentary evidence--Form--Issuance. Clerks of courts, judges, magistrates, notaries p…

15-6-44(a) Authentication of official records. 15-6-44(b) Proof of lack of official record. 15-6-44(c) Other proof of official record. 15-6-45

A party who intends to raise an issue concerning the law of a foreign country shall give notice in his pleadings or other reasonable written notice. The court, in determining foreign law, may consider any relevant material or source, including testimony, whether or not submitted …

Deposition by written questions of a person who has already been deposed in the case may only be taken with the consent of the deponent and parties, or by leave of the court. A party desiring to take a deposition upon written questions shall serve them upon every other party with…

Formal exceptions to rulings or orders of the court are unnecessary; but for all purposes for which an exception has heretofore been necessary it is sufficient that a party, at the time the ruling or order of the court is made or sought, makes known to the court the action which …

15-6-47(b) Alternate jurors. 15-6-48 Juries of less than twelve--Majority verdict. 15-6-49

The parties may stipulate that the jury shall consist of any number less than twelve or that a verdict or a finding of a stated majority of the jurors shall be taken as the verdict or finding of the jury. Source: SD RCP, Rule 48, as adopted by Sup. Ct. Order March 29, 1966, effec…

15-6-49(b) General verdict accompanied by answer to interrogatories. 15-6-50

Ct. Order March 29, 1966, effective July 1, 1966. 15-6-62(c). Injunction pending appeal. Injunction pending appeal shall be as provided in chapter 15-26A . Source: SD RCP, Rule 62 (c), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966. 15-6-62(d). Stay upon appe…

15-6-52(b) Waiver of findings and conclusions of law. 15-6-53

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. 15-6-54

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. 15-6-55

Ct. Order March 29, 1966, effective July 1, 1966. 15-6-12(d). Preliminary hearings. The defenses specifically enumerated in subdivisions 15-6-12(b)(1) to (6), whether made in a pleading or by motion, and the motion for judgment mentioned in § 15-6-12(c) shall be heard and determi…

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

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. 15-6-58(a) . Prompt entry--Form--Effective date--Filing. Subject to the provisions of §…

Source: SDC 1939, § 33.1705; Supreme Court Order No. 3, 1952; SDC Supp 1960, § 33.1328; SD RCP, Rule 50 (b), as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966; Supreme Court Rule 79-4; Supreme Court Rule 82-30; SL 2006, ch 319 (Supreme Court Rule 06-45), eff. Ju…

15-6-6(b) Enlargement of time. 15-6-6(c) 15-6-6(c) . Superseded 15-6-6(d) Time for motion--Affidavits--Briefs. 15-6-6(e) Additional time after service by mail--Facsimile and electronic mail transmission service exempt. 15-6-7

15-6-60(b) Relief on ground of mistake--Inadvertence--Excusable neglect--Newly discovered evidence--Fraud. 15-6-61 Harmless Error. 15-6-62

No error in either the admission or the exclusion of evidence and no error or defect in any ruling or order or in anything done or omitted by the court or by any of the parties is ground for granting a new trial or for setting aside a verdict or for vacating, modifying, or otherw…

15-6-62(b) Stay of execution on motion for new trial or for judgment. 15-6-62(c) Injunction pending appeal. 15-6-62(d) Stay upon appeal. 15-6-62(e) Stay in favor of the state or agency thereof. 15-6-62(f) Power of Supreme Court not limited. 15-6-62(g) Stay of judgment as to multi…

If by reason of death, sickness, or other disability or separation from office, a judge before whom an action has been tried is unable to perform the duties to be by him performed after a verdict is returned or findings of fact and conclusions of law are filed, then any other jud…

At the commencement of and during the course of an action, all remedies providing for seizure of person or property for the purpose of securing satisfaction of the judgment ultimately to be entered in the action are available under the circumstances and in the manner provided by …

15-6-65(b) Temporary restraining order without notice. 15-6-65(c) Undertaking required on preliminary injunction or temporary restraining order--Ascertainment of damages. 15-6-65(d) Contents of order--Parties bound. 15-6-66 Receivers. 15-6-67

An action wherein a receiver has been appointed shall not be dismissed except by order of the court. The practice in the administration of estates by receivers or by other similar officers appointed by the court shall be in accordance with statute and the practice heretofore foll…

15-6-67(b) Deposit in court by substitution. 15-6-67(c) Deposit in court when no action is brought. 15-6-67(d) Court may order deposit or seizure of property. 15-6-67(e) Voluntary partial payment as credit against judgment. 15-6-68 Offer of Judgment. 15-6-69 Execution. 15-6-70 Ju…

At any time more than ten days before the trial begins, any party may serve upon an adverse party an offer to allow judgment to be taken against the party for money or property or to the effect specified in the offer, with costs then accrued. If, within ten days after the service…

Process to enforce a judgment for the payment of money shall be a writ of execution, unless the court directs otherwise. The procedure on execution in proceedings supplementary to and in aid of a judgment, and in proceedings on and in aid of execution shall be in accordance with …

15-6-7(b) Motions and other papers. 15-6-7(c) Demurrers, pleas, and exceptions abolished. 15-6-8

If a judgment directs a party to execute a conveyance of land or to deliver deeds or other documents or to perform any other specific act and the party fails to comply within the time specified, the court may direct the act to be done at the cost of the disobedient party by some …

When an order is made in favor of a person who is not a party to the action, he may enforce obedience to the order by the same process as if he were a party; and, when obedience to an order may be lawfully enforced against a person who is not a party, he is liable to the same pro…

(1) Eligible actions. This article IX governs "expedited civil actions" in which the sole relief sought is a money judgment and in which all claims (other than compulsory counterclaims) for all damages by or against any one party total $75,000 or less, including damages of any ki…

In order to facilitate the quick and efficient resolution of disputes, whenever two or more local governmental bodies are engaged in a legal dispute, on motion of any party or on its own, the court may order the parties to proceed: (1) Under the expedited civil action process set…

For the purposes of § 15-6-72.1 , the term, local government body, shall mean: (1) Any county, municipality, township, or unincorporated territory; (2) Any school district; (3) Any organization that offers a public service, organized or authorized by a county, municipality, or to…

(1) Discovery period. Except upon agreement of the parties or leave of court granted upon a showing of good cause, all discovery must be completed no later than 60 days before trial. (2) Limited and simplified discovery procedures. Except upon agreement of the parties or leave of…

(1) Motions to dismiss. Any party may file any motion permitted by § 15-6-12(b). Unless the court orders a stay, the filing of a motion to dismiss will not eliminate or postpone otherwise applicable pleading or disclosure requirements. (2) Motions for summary judgment. (A) Any pa…

(1) Demand for jury trial. Any party who desires a jury trial of any issue triable of right by a jury must file and serve upon the other parties a demand for jury trial pursuant to § 15-6-38(b). Otherwise, expedited civil actions will be tried to the court. (2) Trial setting. The…

Unless the parties have agreed to engage in alternative dispute resolution or are required to do so by contract or statute, the court may not, by order or local rule, require the parties to engage in a settlement conference or any other form of alternative dispute resolution. Sou…

Judgments or orders in an expedited civil action may not be relied upon to establish claim preclusion or issue preclusion unless the party seeking to rely on a judgment or order for preclusive effect was either a party or in privity with a party in the expedited civil action. Sou…

15-6-77(b) Trials and hearings--Orders in chambers. 15-6-77(c) Clerk's office and orders by clerk. 15-6-78 15-6-78 , 15-6-79. Reserved 15-6-80 Stenographic report or transcript as evidence. 15-6-81

15-6-8(b) Defenses--Form of denials. 15-6-8(c) Defenses--Form of denials. 15-6-8(d) Effect of failure to deny. 15-6-8(e) Pleading to be concise and direct--Consistency. 15-6-8(f) Construction of pleadings. 15-6-9

Whenever the testimony of a witness at a trial or hearing which was stenographically reported is admissible in evidence at a later trial or hearing, it may be proved by the transcript thereof duly certified by the person who reported the testimony. Source: SD RCP, Rule 80, as ado…

15-6-81(b) 15-6-81(b) . Omitted 15-6-81(c) Appeals to circuit courts. 15-6-81(d) Chapter incorporated into statutes. 15-6-82 Jurisdiction and venue. 15-6-83 Rules by courts of record. 15-6-84 Forms. 15-6-85 Title. 15-6-86 Effective date. 15-6-B CIRCUIT COURT RULES (See § 15-6-83 …

This chapter shall not be construed to extend or limit the jurisdiction of the circuit courts of South Dakota or the venue of actions therein. Source: SD RCP, Rule 82, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.

A majority of the judges in each circuit court may make and amend rules governing practice not inconsistent with the rules contained in this chapter. Notice of the intent to adopt, amend, or repeal any rule shall be given by filing a copy of the proposed rule, amendment, or repea…

The forms contained in the Appendix of Forms are sufficient under this chapter and are intended to indicate the simplicity and brevity of statement which this chapter contemplates. Source: SD RCP, Rule 84, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.

This chapter shall be known as Rules of Civil Procedure and cited as RCP. Source: SD RCP, Rule 85, as adopted by Sup. Ct. Order March 29, 1966, effective July 1, 1966.

This chapter governs all proceedings and actions brought after July 1, 1966, and also all further proceedings in actions then pending, except to the extent that in the opinion of the court its application in a particular action pending when the rules take effect would not be feas…